Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by CORY IVEY and MELINDA IVEY to AMERIQUEST MORTGAGE COMPANY dated October 4, 2004 in the amount of $64,800.00, and recorded in Deed Book 247, Page 219, Banks County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. by assignment; the undersigned, HSBC Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206 GMD of Banks County, Georgia, and being Lot 24 of Cedar Ridge Properties being shown on a plat of said property recorded in Plat Book 7, Page 274, Banks County Records which is incorporated in this Deed by reference. A more particular metes and bounds description.
which has the property address of 250 Cedar Ridge Dr., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Cory Ivey and Melinda Ivey and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
HSBC Mortgage Services, Inc., Attorney in Fact for Cory Ivey and Melinda Ivey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-22978 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MELISSA ROPER A/K/A MILESSA ROPER to CITIFINANCIAL SERVICES, INC, dated June 17, 2003, recorded in Deed Book 216, Page 669, Banks County, Georgia Records, last assigned to CitiFinancial, Inc, conveying the after-described property to secure a Note in the original principal amount of TWENTY-SIX THOUSAND EIGHT HUNDRED FIVE AND 70/100 DOLLARS ($26,805.70), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Melissa Roper a/k/a Milessa Roper or a tenant or tenants and said property is more commonly known as 436 Old English Rd, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CitiFinancial, Inc as Attorney in Fact for Melissa Roper a/k/a Milessa Roper Barry King, Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/ND Nov/18/2010 MHS File #: GA-91000612-10
EXHIBIT “A”
ALL THAT CERTAIN PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF BANKS, STATE OF GA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND, CONTAINING 6.64 ACRES, MORE OR LESS, AND BEING IN THE 1210TH G.M.D. OF BANKS COUNTY, GEORGIA, AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF PATRICIA YARBER, KENNETH YARBER, AND LANDS OF STORY; EAST BY LANDS OF STORY AND LANDS OF ENGLISH; SOUTH BY LANDS OF ENGLISH AND LANDS OF BROCK; AND WEST BY LANDS OF BROCK, LANDS OF PATRICIA YARBER AND LANDS OF KENNETH YARBER. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY MAX LEWALLEN, R.S.,UNDER DATE OF FEBRUARY 4, 1993, A COPY OF SAID PLAT BEING OF RECORD IN THE PUBLIC RECORDS OF BANKS COUNTY, GEORGIA, IN PLAT BOOK 17, PAGE 205, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. GRANTEE AND HER HEIRS AND ASSIGNS SHALL HAVE A RIGHT TO USE THE WELL ON THE BOUNDARY LINE AND SHALL SHARE EXPENSES WITH ADJOINING OWNERS FOR UPKEEP AND OPERATION COSTS. TAX MAP REFERENCE: 26-037A BEING THAT PARCEL OF LAND CONVEYED TO MELISSA ROPER FROM W. MARVIN ENGLISH BY THAT DEED DATED 03/02/1993 AND RECORDED 03/06/1993 IN DEED BOOK 77, AT PAGE 761 OF THE BANKS COUNTY, GA PUBLIC REGISTRY.
(DC8,15,22,29B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from GLADYS DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated June 19, 2006, filed for record July 7, 2006, and recorded in Deed Book 284, Pages 812-815, Banks County, Georgia records (the “Security Deed”); securing that certain Promissory Note from Gladys Duckett to and in favor of Lender dated May 29, 2008 in the original principal sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND 01/100 DOLLARS ($484,355.01) (the “Note”); there will be sold at public outcry by the Federal Deposit Insurance Corporation as Receiver for Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in January 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 448, Golden Hill, Banks County, Georgia, and containing 4.00 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated January 31, 1994, recorded among Banks County, Georgia records in Plat Book 18, Page 132, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a 20-foot drive as shown on the above referenced plat. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST
As Attorney-in-Fact for
Gladys Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BONNIE F. DOWIS and RAY DOWIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated June 9, 2006 in the amount of $144,000.00, and recorded in Deed Book 283, Page 580, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 9.56 acres, more or less, as more particularly shown on a plat of survey prepared for Herman Sparks by Piedmont Surveying Company, Registered Surveyor, dated July 31, 1992, recorded in Plat Book 17, Page 248, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Less and Except: That 0.50 acres as more particularly described in that Warranty Deed recorded at Deed Book 202, Page 385, Banks County, Georgia Records.
which has the property address of 628 Wrights Mill Road, COMMERCE, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bonnie F. Dowis and Ray Dowis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Bonnie F. Dowis and Ray Dowis
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-18589 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from RED HAWK DEVELOPMENT, LLC to UNITED COMMUNITY BANK, dated October 9, 2009, recorded October 29, 2009, in Deed Book 346, Page 563, Banks County, Georgia records, said Security Deed being given to secure a Note from RED HAWK DEVELOPMENT, LLC of even date in the original principal amount of Sixty Five Thousand Four Hundred Twenty Three and 31/100 ($65,423.31) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 4.520 acres, more or less, designated as Lot 2, on a plat of survey of Nature?s Walk Subdivision, prepared by Ingram, Lord & Associates, Registered Surveyor, dated august 24, 2004, recorded in Plat book 28, Page 188, in the Office of the clerk of the superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is RED HAWK DEVELOPMENT, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RED HAWK DEVELOPMENT, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02679
(DC8,15,22,29B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JACK IRVIN, SR., JACK IRVIN, JR., and MELVIN COLEY to COMMUNITY BANK AND TRUST dated 05/18/2007, and recorded 05/24/2007, in Deed Book 305, Pages 848-850, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley the following described property:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia, containing 100.15 acres, more or less, according to plat of survey prepared by Bartlett & Cash Land Surveyors, Inc., dated April 16, 2007, said plat being recorded among Banks County, Georgia Records in Plat Book 31, at Page 55, reference being made to said plat for a more complete description of the tract herein described and conveyed.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia and being designated as Tract 3, containing 10.85 acres as shown in that Quit Claim Deed recorded 12/03/2007, in Deed Book 316, Pages 786-787, Banks County, Georgia Deed Records.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jack Irvin, Jr. Individually and Jack Irvin Jr., as Executor of the Estate of Jack Irvin Sr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1012
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from KENDRA A. BANKS to COMMUNITY BANK AND TRUST dated 06/07/2007, and recorded 06/08/2007, in Deed Book 307, Pages 50-52, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kendra A. Banks the following described property:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 10.02 acres, more or less, designated as Tract 3 on plat of survey prepared for Patsy G. Smith, Roy S. Gardiner and Barbara B. Banks by Max Lewallen, Registered Surveyor, dated June 20, 1985, recorded in Plat Book 10, Page 195, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 20 foot ingress-egress easement from county paved road to subject property as more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Kendra A. Banks or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-fact for Kendra A. Banks.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1026
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1029
(DC8,15,22,29B/19761-50T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A.as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1030
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of the default in the payment of note executed by VIRGIL E. LOVELL to BANK OF HIAWASSEE in the original principal amount of $1,001,479.00, dated August 18, 2009, secured by a Deed to Secure Debt from VIRGIL E. LOVELL to BANK OF HIAWASSEE dated August 10, 2004, recorded in Deed Book 243, page 91-98, Banks County Georgia Deed Records, and the Modification of the Deed to Secure Debt dated January 2, 2007, recorded in Deed Book 298, pages 601-602, Banks County Georgia Deed Records, the Deed to Secure Debt subsequently assigned to Citizens South Bank, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in January, 2011, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
All that tract or parcel of land lying and being in 1580th and 448th GMD of Banks County, Georgia, being shown and designated as Lot 8, containing 0.814 acres, more or less, of Phase 3 of Apple Pie Ridge, as shown on a plat of survey prepared by Eddie Davidson, R.S., under date of March 30, 2006, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, page 55 to which said plat and the record thereof reference is hereby made for a more complete description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF HIAWASSEE, a Division of Citizens South Bank, 20 Main Street, P.O. Box 68, Hiawassee, Georgia 30546. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Virgil E. Lovell, and said property will be sold as the property of Virgil E. Lovell. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ALL INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
CITIZENS SOUTH BANK, as successor in interest to, and assignee of The Federal Deposit Insurance Corporation as Receiver for Bank of Hiawassee As attorney in fact for VIRGIL E. LOVELL
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(DC8,15,22,29B/886-70T1)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from TORA PIERCE f/k/a TORA LYNN CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 17, 2009, in Deed Book 347, Pages 693-696, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Tora Pierce f/k/a Tora Lynn Caudell the following described property:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.75 acres, more or less, as shown on a certain Plat of Survey prepared by Hubert Lovell, RLS, dated June 9, 1993 and being recorded among Banks County, Georgia Records in Plat Book 18, Page 66, reference to said plat is being made for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tora Pierce f/k/a Tora Lynn Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Tora Pierce f/k/a Tora Lynn Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 14, 2009, in Deed Book 347, Pages 627-631, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Bobby Joe Caudell the following described property:
All that tract of parcel of land lying and being in Land Lot No. 185 of the 10th Land District, Banks County, Georgia, known and distinguished as Lots Nos. 27, 28, 29 and 30, and being more fully described as follows:
BEGINNING at an IPF on the eastern side of Chatham Street, joining lands owned, now or formerly, by Knox Sigers; thence in an easterly direction 150 feet to an iron pin corner on the western side of Landrum Street, joining lands owned, now or formerly, by Knox Sigers; thence in a southerly direction with the western side of Landrum Street, 229 feet to an iron pin corner, joining lands owned, now or formerly, by Harry Purvis; thence in a westerly direction 150 feet to an iron pin corner on the eastern side of Chatham Street joining lands owned now or formerly, by Harry Purvis; thence in a northerly direction on the eastern side of Chatham Street to the beginning point.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By Virtue of Power of Sale contained in Security Deed from SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS to DAVID C. JONES, JR., dated August 31, 2007, which deed is recorded among Banks County, Georgia Records in Deed Book 312, Pages 280–282, said Security Deed being given to secure a note dated August 31, 2007, in the original principal amount of FIVE THOUSAND ($5,000.00) DOLLARS, with interest therein as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Banks County, Georgia within the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in January, the same being January 4, 2011, the following described property:
ALL THAT TRACT or parcel of land containing 8.224 acres, more or less, in the 207th District, G.M., of Banks County, Georgia, and being bounded now or formerly as follows: North by lands of Seabolt; East by East County Line Road; South by Carson Road and West by lands of Mabry, Tract Two (Seabolt) and Seabolts.
Said tract of land being more particularly described according to a plat of survey prepared by W.T. Dunahoo and Associates, Surveyors, on March 23, 1999 for William L. Seabolt. Which said plat is recorded in Plat Book 31, Page 104 of the Public Records of Banks County, Georgia and being described therein as Tract No. One (1) which said plat is incorporated herein as part of this description.
Said property known and designated as 809 EAST COUNTY LINE ROAD, DANIELSVILLE, GEORGIA, 30633, together with all fixtures and personal property attached to or constituting a part of said property if any.
Whereas the note secured by said Security Deed has become in default as to payment of the principal and interest and DAVID C. JONES, JR. has given notice of his intention to foreclose said Security Deed and claims attorney’s fees as provided in said note and Security Deed.
The debt secured by said Security Deed and evidenced by said note, has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, and assessments, lien, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
The property will be sold as the property of SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS, who the best of the undersigned’s knowledge and belief, is the party in possession of said property.
Dated this __ day of __ 2010.
David C. Jones, Jr. as Attorney in fact for Sara Novalee Seabolt.
David C. Jones, Jr.
PO Box 295
Homer, GA 30547
706-677-3080
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from WARD BROS. CONCRETE, LLC to COMMUNITY BANK AND TRUST dated September 12, 2005, filed October 13, 2005, recorded October 18, 2005, in Deed Book 267, Pages 848-851, as modified by an Additional Loan Agreement dated April 15, 2009, recorded July 31, 2009, in Deed Book 343, Page 399, both in the Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ward Bros. Concrete, LLC the following described property:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 12.28 acres as shown on a survey for Banks Co. Board of Commissioners, dated August 2, 2005, prepared by Max Lewallen, Georgia Registered Land Surveyor, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found, said iron pin located 1239.7 feet along the eastern right of way of the Norfolk Southern Railroad (200’ right of way) from the right of way intersection with the eastern right of way of Yonah Homer Road (80’ right of way); thence South 58°52’15” East 60.55 feet to an iron pin set and the TRUE POINT OF BEGINNING; thence a curve having an arc distance of 488.72 feet, a radius of 5531.37 feet, being subtended by a chord bearing a distance of North 41°26’35” East 488.56 feet to an iron pin set; thence South 30°43’25” East 100.00 feet to an iron pin set; thence 44°45’05” East 150.00 feet to an iron pin set; thence South 30°43’25” East 429.63 feet to an iron pin found; thence South 29°30’25” East 787.28 feet to an iron pin found; thence South 30°17’15” East 208.26 feet to an iron pin found; thence South 51°42’35” West 377.23 feet to an iron pin found; thence North 38°07’45” West 546.09 feet to an iron pin found; thence North 37°25’15” East 172.84 feet to an iron pin found; thence North 03°46’00” East 322.16 feet to an iron pin found; thence North75°53’00” West 281.51 feet to an iron pin set; thence North 68°22’30” West 161.58 feet to an iron pin found; thence South 60°23’50” West 91.90 feet to an iron pin found; thence North 58°52’15” West 213.03 feet to the TRUE POINT OF BEGINNING.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Ward Bros. Concrete, LLC or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ward Bros. Concrete, LLC.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia, County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by MIGUEL A. TORRES and GRACIELA DE TORRES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 27, 2003, and recorded in Deed Book 226, Page 422, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment , securing a Note in the original principal amount of $91,650.00, 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 4, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 66, 9TH DISTRICT, TOWN OF BELTON, BANKS COUNTY, GEORGIA, AND BEING LOTS THREE (3) AND FOUR (4) IN BLOCK TWELVE (12) AS PER PLAT MADE BY L.Y. SAGE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FRONTING ON THE SOUTHERN RAILWAY ONE HUNDRED (100) FEET, AND RUNNING BACK AND ALONG 7TH STREET TWO HUNDRED (200) FEET TO HAMPTON STREET, AT RIGHT ANGLES OF EVEN WIDTH, THESE TWO LOTS MAKING A TOTAL LOT, 100 FT. X 200 FT., AND BEING PART OF LAND LOT 66, 9TH LAND DISTRICT OF ORIGINAL HALL BUT NOW BANKS COUNTY, GEORGIA.THIS SAME BEING KNOWN AS PARCEL OF LAND OR LOTS OF LAND DEEDED TO SAID WALTER CHAMBERS BY MRS. W.H. QUILLIAN, (SOLE HEIR AT LAW OF MRS. S.P. WILLIAMS), AND RECORDED IN DEED BOOK 53, PAGE 295, BANKS COUNTY, GEORGIA DEED RECORDS.
BEING THE SAME PROPERTY CONVEYED TO MIGUEL A. TORRES AND GRACIELA DE TORRES BY DEED FROM MARGARET CHAMBERS, RECORDED 06/07/2001 IN DEED BOOK 173, PAGE 377.
Said property is known as 186 Railroad Avenue, 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 Miguel A. Torres and Graciela De Torres, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Graciela De Torres and Miguel A. Torres, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, NA as Attorney-in-Fact for Miguel A. Torres and Graciela De Torres
File no. 09-012822
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC8,15,22,29B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by LATONYA C WILSON to WELLS FARGO HOME MORTGAGE, INC., dated 01/23/2002, and Recorded on 02/06/2002 as Book No. 186 and Page Nos. 766-775, BANKS County, Georgia records, as last assigned to WELLS FARGO BANK, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $84,966.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE 1206TH DISTRICT, G.M., BANKS COUNTY, GEORGIA DESIGNATED AS LOT 19 OF CEDAR RIDGE PROPERTIES, ENCOMPASSING 2.10 ACRES, MORE OR LESS, AS SHOWN ON A PLAT OF SURVEY ENTITLED “SURVEY FOR WANDA AYERS”, PREPARED BY MAX LEWALLEN, CERTIFIED BY MAX JOHNSON, LEWALLEN, GEORGIA REGISTERED SURVEYOR NO. 2067, DATED FEBRUARY 20, 1995 AND BEING OF RECORD IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BANKS, COUNTY, GEORGIA IN PLAT BOOK 19, PAGE 133, WHICH SAID PLAT AND THE RECORDING THEREOF ARE BY REFERENCE INCORPORATED HEREIN FOR A MORE COMPLETE AND DETAILED DESCRIPTION.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: WELLS FARGO BANK, N.A., ONE HOME CAMPUS, Foreclosure, DES MOINES, IA 50328, 803-396-6000. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 340 CEDAR RIDGE ROAD, COMMERCE, GEORGIA 30530 is/are: LATONYA C WILSON or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
WELLS FARGO BANK, N.A. as Attorney in Fact for LATONYA C WILSON.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100058300578 BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(DC8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed To Secure Debt executed and delivered by KIMBERLY ELAINE BLACKARD to RONALD C. PUCKETT, dated December 7, 2007, and recorded in Deed Book 317, Page 257, Banks County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said KIMBERLY ELAINE BLACKARD as provided in said Deed to Secure Debt, between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in January, to-wit; January 4, 2011:
All that tract or parcel of land containing 10.000 acres, more or less, in the 1210 District, G.M., of Banks County, Georgia and being bounded now or formerly as follows: North by lands of Savage; East by Charity Drive; South by other lands of Ronald C. Puckett; and West by other lands of Ronald C. Puckett.
Said tract of land being more particularly described according to a plat of survey prepared by Barry D. Lord, Surveyor, for Ronald C. Puckett, on June 15, 2007, revised November 12, 2007, which plat is recorded in Plat Book G, Page 66, of the Public Records of Banks County, Georgia and is by reference incorporated herein as part of this description.
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 areas, 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 current tag and registration will be prohibited from being stored on the property.
(5) No accumulation of trash, waste or debris shall be permitted on said property.
The debt secured by said Deed to Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of KIMBERLY ELAINE BLACKARD by the undersigned, as Attorney-in-Fact for the said KIMBERLY ELAINE BLACKARD.
Said property shall be sold subject to any and all outstanding easements and right-of-way, restrictions of record, if any, and to all unpaid taxes and assessments.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent), and the balance, if any, shall be applied as provided in said Deed to Secure Debt. Proper conveyance will be made to the purchaser at the sale by the undersigned acting as Attorney-in-Fact for the said KIMBERLY ELAINE BLACKARD.
This 29th day of November, 2010.
RONALD C. PUCKETT As Attorney-in-Fact for KIMBERLY ELAINE BLACKARD
Allen L. Lacey, Jr.
Attorney at Law
P. O. Box 356
Commerce, Georgia 30529
(706)335-7886
(DC8,15,22,29B/1324-60T1)
[Full Story »]
Public Notices
Banks County Public Records 12-15-10 pt 2
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JACKIE COLLINS and TONY COLLINS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 10, 2006, recorded in Deed Book 281, Page 310, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment recorded in Deed Book 357, Page 66, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETY-FIVE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($195,200.00), 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 January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jackie Collins and Tony Collins or a tenant or tenants and said property is more commonly known as 140 Buckeye Trail 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Jackie Collins and Tony Collins
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cls1 1/4/11
Our file no. 52691710-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements, thereon, lying and being in the 207 GMD, Banks County, Georgia, being all of Lot 5, Block B, of Buckeye Trails Subdivision, Phase One, more particularly described and delineated according to a plat and survey prepared by James N. Smith, Georgia Registered Land Surveyor, recorded in Plat Book 25, Page 84, Banks County, Georgia Deed Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property. This conveyance is made subject to restrictions and/or covenants of record, if any, easements of record and existing easements and rights of way for public roads and utilities now in use. This is improved property with a residence situated thereon known as 140 Buckeye Trail Drive, Commerce, Georgia, 30530, according to the present system of numbering houses in Banks County, Georgia. Map & Parcel Number: B66E-038. MR/cls1 1/4/11 Our file no. 52691710 - FT7
(DC8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CAROL DE GUEVARA to NORWEST MORTGAGE, INC., dated October 9, 1998, recorded in Deed Book 136, Page 36, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND AND 0/100 DOLLARS ($170,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Carol De Guevara or a tenant or tenants and said property is more commonly known as 2822 Highway 98, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank NA SBMT Wells Fargo Home Mortgage Inc. FKA Norwest Mortgage, Inc. as Attorney in Fact for Carol De Guevara McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jj9 1/4/11 Our file no. 5310602-FT12
EXHIBIT “A”
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD465 of Banks County, Georgia and being more particularly described as follows: Beginning at the center line of the common intersection of west Oak Drive (having a 40 foot Right of Way) and GA. HWY98(having a 100 foot Right of Way) run thence North 38 Degrees 33 minutes west a distance of 50.1 feet to an iron pin set and the point of beginning; Run thence South along the Right of Way line of Ga Hwy 98 48 Degrees 26 Minutes 00 seconds West a distance of 290 feet to a point; Run thence South 47 degrees 26 minute 25 seconds west a distance of 95.64 feet to a point; Run thence south 47 degrees 55 minutes 25 seconds west a distance of 71.90 feet to an iron pin set run thence North 46 degrees 41 minutes 15 seconds west a distance of 614.18 feet to in iron pin found; run thence north 57 degrees 19 minutes 00 seconds west to a distance of 200.00 feet to an iron pin set; run thence north 32 degrees 41 minutes 00 seconds east a distance of 125.00 feet to an iron pin set; run thence north 25 degrees 00 minutes 00 seconds a distance of 253.00 feet to an iron pin set; run thence north 28 degrees 22 minutes 20 seconds east a sustabce if 449.94 feet to an iron pin set; run thence south 40 degrees 40 minutes 15 seconds east a distance of 156.09 to an iron pin set; run thence south 56 degrees 31 minutes 30 seconds east to a distance of 222.39 feet to an iron pin set; run thence South 34 degrees 43 minutes 50 seconds east to a distance of 717.60 feet to a point; run thence south 34 degrees 43 minutes 50 seconds east a distance of 151.25 feet to an iron pin set and the point of beginning; Being Tract I containing 1.00 acres and Tract 2 containing 13.0 acres as shown on a plat of survey prepared by MAX LAWALLEN, September 24, 1998 for CAROL de GUEVARA. MR/jj9 1/4/11 Our file no. 5310602 - FT12
(DC8,15,22,29B/19698-90T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID AMERSON and BRENDA AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty-foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David Amerson and Brenda Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David Amerson and Brenda Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/ta2 1/4/11
Our file no. 1892809-FT1
(DC8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by NEIL A. ROSS and TERRI C. ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for QUICKEN LOANS, INC., its successors and assigns dated July 13, 2006, in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment, the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Commonly known as: 160 Fergusson Rd., Baldwin, GA 30511
which has the property address of 160 Ferguson Rd, Baldwin, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neil A. Ross and Terri C. Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A. Ross and Terri C. Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-60)
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Citation
Georgia, Banks County
Estate No. 2010-68
In Re: Petition of KELLEY AND CAMERON BOSWELL for Temporary Letters of Guardianship
Estate of: BRITTANY CORINA PHILLIPS, Minor
To: Robert Carlton Phillips
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 in the Probate Court of Banks County, 144 Yonah Homer Rd., shall be scheduled at a later date.
Betty Thomas, Probate Judge
By: Vicki Dalton, Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.,
Ste. 7
Homer, GA 30547
706-677-6250
(DC15,22P2)
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Notice
of Application
For License
to Make Small Loans
State of Georgia
Banks County
The undersigned hereby gives notice that an application of a license to engage in the business of making loans of $3,000.00 or less pursuant to the Georgia Industrial Loan Act will be filed in my name within thirty (30) days of the date of this notice in the Office of the Georgia Industrial Loan Commissioner. The address of the proposed place of business is 30462 Highway 441 S., Commerce, GA 30529.
Equity Auto Loan, LLC
Tracy Young, Manager
10 Cedar Point Drive
Savannah, GA 31405
(DC15P1)
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Order
of Publication
In the Superior Court of Banks County
State of Georgia
Holly Michele Lewis, Plaintiff,
v.
John Derrick Lewis, Defendant.
Case No. 10CV641B
It appearing by Affidavit, that the above named Defendant on whom service is to be made in this cases resides out of State, or has departed from the State, or cannot after due diligence, be found within the State, or conceals him/her self to avoid service of the Summons, and it further appearing, either by Affidavit or by verified Complaint on File, that a claim exists against the Defendant in respect to whom service is made, and that he/she is a necessary or proper party to the action.
It is hereby ORDERED that service be made by publication as provided by law.
SO ORDERED, this 23rd day of November, 2010.
By: __, Judge
Banks County Superior Court
(DC8,15,22,29P4)
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Citation
Georgia, Banks County
Estate No. 2010-65
In Re: Petition of LORETTA DINGLE for Temporary Letters of Guardianship
Estate of: DAVID FRAZIER, Minor
To: The Unknown father of David Frazier, Minor
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 scheduled at a later date.
Betty Thomas, Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.,
Ste. 7
Homer, GA 30547
706-677-6250
(DC8,15,P2)
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Williams Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MARY L. WILLIAMS, 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 23rd day of November, 2010.
James T. Sheridan
Executor/Administrator
5836 Meadow Field Trace
Flowery Branch, GA 30542
(DC8,15,22,29P4)
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Brown Estate
Georgia, Banks County Probate Court
Notice
The petition of YVONNE CROMER BROWN, for a year’s support from the estate of TRAVIS GILBERT BROWN, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before December 20, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk, Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite Seven
Homer, GA 20547
706-677-6250
(NV24,DC1,8,15P4)
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JACKIE COLLINS and TONY COLLINS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 10, 2006, recorded in Deed Book 281, Page 310, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment recorded in Deed Book 357, Page 66, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETY-FIVE THOUSAND TWO HUNDRED AND 0/100 DOLLARS ($195,200.00), 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 January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jackie Collins and Tony Collins or a tenant or tenants and said property is more commonly known as 140 Buckeye Trail 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.
Wells Fargo Bank, N.A. as Attorney in Fact for Jackie Collins and Tony Collins
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cls1 1/4/11
Our file no. 52691710-FT7
EXHIBIT “A”
All that tract or parcel of land, together with all improvements, thereon, lying and being in the 207 GMD, Banks County, Georgia, being all of Lot 5, Block B, of Buckeye Trails Subdivision, Phase One, more particularly described and delineated according to a plat and survey prepared by James N. Smith, Georgia Registered Land Surveyor, recorded in Plat Book 25, Page 84, Banks County, Georgia Deed Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property. This conveyance is made subject to restrictions and/or covenants of record, if any, easements of record and existing easements and rights of way for public roads and utilities now in use. This is improved property with a residence situated thereon known as 140 Buckeye Trail Drive, Commerce, Georgia, 30530, according to the present system of numbering houses in Banks County, Georgia. Map & Parcel Number: B66E-038. MR/cls1 1/4/11 Our file no. 52691710 - FT7
(DC8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CAROL DE GUEVARA to NORWEST MORTGAGE, INC., dated October 9, 1998, recorded in Deed Book 136, Page 36, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND AND 0/100 DOLLARS ($170,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Carol De Guevara or a tenant or tenants and said property is more commonly known as 2822 Highway 98, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank NA SBMT Wells Fargo Home Mortgage Inc. FKA Norwest Mortgage, Inc. as Attorney in Fact for Carol De Guevara McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jj9 1/4/11 Our file no. 5310602-FT12
EXHIBIT “A”
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD465 of Banks County, Georgia and being more particularly described as follows: Beginning at the center line of the common intersection of west Oak Drive (having a 40 foot Right of Way) and GA. HWY98(having a 100 foot Right of Way) run thence North 38 Degrees 33 minutes west a distance of 50.1 feet to an iron pin set and the point of beginning; Run thence South along the Right of Way line of Ga Hwy 98 48 Degrees 26 Minutes 00 seconds West a distance of 290 feet to a point; Run thence South 47 degrees 26 minute 25 seconds west a distance of 95.64 feet to a point; Run thence south 47 degrees 55 minutes 25 seconds west a distance of 71.90 feet to an iron pin set run thence North 46 degrees 41 minutes 15 seconds west a distance of 614.18 feet to in iron pin found; run thence north 57 degrees 19 minutes 00 seconds west to a distance of 200.00 feet to an iron pin set; run thence north 32 degrees 41 minutes 00 seconds east a distance of 125.00 feet to an iron pin set; run thence north 25 degrees 00 minutes 00 seconds a distance of 253.00 feet to an iron pin set; run thence north 28 degrees 22 minutes 20 seconds east a sustabce if 449.94 feet to an iron pin set; run thence south 40 degrees 40 minutes 15 seconds east a distance of 156.09 to an iron pin set; run thence south 56 degrees 31 minutes 30 seconds east to a distance of 222.39 feet to an iron pin set; run thence South 34 degrees 43 minutes 50 seconds east to a distance of 717.60 feet to a point; run thence south 34 degrees 43 minutes 50 seconds east a distance of 151.25 feet to an iron pin set and the point of beginning; Being Tract I containing 1.00 acres and Tract 2 containing 13.0 acres as shown on a plat of survey prepared by MAX LAWALLEN, September 24, 1998 for CAROL de GUEVARA. MR/jj9 1/4/11 Our file no. 5310602 - FT12
(DC8,15,22,29B/19698-90T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID AMERSON and BRENDA AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty-foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David Amerson and Brenda Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David Amerson and Brenda Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/ta2 1/4/11
Our file no. 1892809-FT1
(DC8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by NEIL A. ROSS and TERRI C. ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for QUICKEN LOANS, INC., its successors and assigns dated July 13, 2006, in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment, the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Commonly known as: 160 Fergusson Rd., Baldwin, GA 30511
which has the property address of 160 Ferguson Rd, Baldwin, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neil A. Ross and Terri C. Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A. Ross and Terri C. Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-60)
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Citation
Georgia, Banks County
Estate No. 2010-68
In Re: Petition of KELLEY AND CAMERON BOSWELL for Temporary Letters of Guardianship
Estate of: BRITTANY CORINA PHILLIPS, Minor
To: Robert Carlton Phillips
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 in the Probate Court of Banks County, 144 Yonah Homer Rd., shall be scheduled at a later date.
Betty Thomas, Probate Judge
By: Vicki Dalton, Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.,
Ste. 7
Homer, GA 30547
706-677-6250
(DC15,22P2)
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Notice
of Application
For License
to Make Small Loans
State of Georgia
Banks County
The undersigned hereby gives notice that an application of a license to engage in the business of making loans of $3,000.00 or less pursuant to the Georgia Industrial Loan Act will be filed in my name within thirty (30) days of the date of this notice in the Office of the Georgia Industrial Loan Commissioner. The address of the proposed place of business is 30462 Highway 441 S., Commerce, GA 30529.
Equity Auto Loan, LLC
Tracy Young, Manager
10 Cedar Point Drive
Savannah, GA 31405
(DC15P1)
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Order
of Publication
In the Superior Court of Banks County
State of Georgia
Holly Michele Lewis, Plaintiff,
v.
John Derrick Lewis, Defendant.
Case No. 10CV641B
It appearing by Affidavit, that the above named Defendant on whom service is to be made in this cases resides out of State, or has departed from the State, or cannot after due diligence, be found within the State, or conceals him/her self to avoid service of the Summons, and it further appearing, either by Affidavit or by verified Complaint on File, that a claim exists against the Defendant in respect to whom service is made, and that he/she is a necessary or proper party to the action.
It is hereby ORDERED that service be made by publication as provided by law.
SO ORDERED, this 23rd day of November, 2010.
By: __, Judge
Banks County Superior Court
(DC8,15,22,29P4)
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Citation
Georgia, Banks County
Estate No. 2010-65
In Re: Petition of LORETTA DINGLE for Temporary Letters of Guardianship
Estate of: DAVID FRAZIER, Minor
To: The Unknown father of David Frazier, Minor
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 scheduled at a later date.
Betty Thomas, Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.,
Ste. 7
Homer, GA 30547
706-677-6250
(DC8,15,P2)
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Williams Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MARY L. WILLIAMS, 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 23rd day of November, 2010.
James T. Sheridan
Executor/Administrator
5836 Meadow Field Trace
Flowery Branch, GA 30542
(DC8,15,22,29P4)
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Brown Estate
Georgia, Banks County Probate Court
Notice
The petition of YVONNE CROMER BROWN, for a year’s support from the estate of TRAVIS GILBERT BROWN, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before December 20, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk, Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite Seven
Homer, GA 20547
706-677-6250
(NV24,DC1,8,15P4)
Banks County Public Records 12-15-10 pt 1
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by CORY IVEY and MELINDA IVEY to AMERIQUEST MORTGAGE COMPANY dated October 4, 2004 in the amount of $64,800.00, and recorded in Deed Book 247, Page 219, Banks County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. by assignment; the undersigned, HSBC Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206 GMD of Banks County, Georgia, and being Lot 24 of Cedar Ridge Properties being shown on a plat of said property recorded in Plat Book 7, Page 274, Banks County Records which is incorporated in this Deed by reference. A more particular metes and bounds description.
which has the property address of 250 Cedar Ridge Dr., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Cory Ivey and Melinda Ivey and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
HSBC Mortgage Services, Inc., Attorney in Fact for Cory Ivey and Melinda Ivey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-22978 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MELISSA ROPER A/K/A MILESSA ROPER to CITIFINANCIAL SERVICES, INC, dated June 17, 2003, recorded in Deed Book 216, Page 669, Banks County, Georgia Records, last assigned to CitiFinancial, Inc, conveying the after-described property to secure a Note in the original principal amount of TWENTY-SIX THOUSAND EIGHT HUNDRED FIVE AND 70/100 DOLLARS ($26,805.70), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Melissa Roper a/k/a Milessa Roper or a tenant or tenants and said property is more commonly known as 436 Old English Rd, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CitiFinancial, Inc as Attorney in Fact for Melissa Roper a/k/a Milessa Roper Barry King, Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/ND Nov/18/2010 MHS File #: GA-91000612-10
EXHIBIT “A”
ALL THAT CERTAIN PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF BANKS, STATE OF GA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND, CONTAINING 6.64 ACRES, MORE OR LESS, AND BEING IN THE 1210TH G.M.D. OF BANKS COUNTY, GEORGIA, AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF PATRICIA YARBER, KENNETH YARBER, AND LANDS OF STORY; EAST BY LANDS OF STORY AND LANDS OF ENGLISH; SOUTH BY LANDS OF ENGLISH AND LANDS OF BROCK; AND WEST BY LANDS OF BROCK, LANDS OF PATRICIA YARBER AND LANDS OF KENNETH YARBER. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY MAX LEWALLEN, R.S.,UNDER DATE OF FEBRUARY 4, 1993, A COPY OF SAID PLAT BEING OF RECORD IN THE PUBLIC RECORDS OF BANKS COUNTY, GEORGIA, IN PLAT BOOK 17, PAGE 205, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. GRANTEE AND HER HEIRS AND ASSIGNS SHALL HAVE A RIGHT TO USE THE WELL ON THE BOUNDARY LINE AND SHALL SHARE EXPENSES WITH ADJOINING OWNERS FOR UPKEEP AND OPERATION COSTS. TAX MAP REFERENCE: 26-037A BEING THAT PARCEL OF LAND CONVEYED TO MELISSA ROPER FROM W. MARVIN ENGLISH BY THAT DEED DATED 03/02/1993 AND RECORDED 03/06/1993 IN DEED BOOK 77, AT PAGE 761 OF THE BANKS COUNTY, GA PUBLIC REGISTRY.
(DC8,15,22,29B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from GLADYS DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated June 19, 2006, filed for record July 7, 2006, and recorded in Deed Book 284, Pages 812-815, Banks County, Georgia records (the “Security Deed”); securing that certain Promissory Note from Gladys Duckett to and in favor of Lender dated May 29, 2008 in the original principal sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND 01/100 DOLLARS ($484,355.01) (the “Note”); there will be sold at public outcry by the Federal Deposit Insurance Corporation as Receiver for Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in January 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 448, Golden Hill, Banks County, Georgia, and containing 4.00 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated January 31, 1994, recorded among Banks County, Georgia records in Plat Book 18, Page 132, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a 20-foot drive as shown on the above referenced plat. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST
As Attorney-in-Fact for
Gladys Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by LESA A. DUNCAN and RICHARD N. DUNCAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 27, 2002, and recorded in Deed Book 205, Page 785, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank, by Assignment, securing a Note in the original principal amount of $103,200.00, 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 4, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 208th (Bushvlille) District, GM, Banks County, State of Georgia, containing one and twenty nine hundredths (1.29) acres, and being that same tract or parcel of land shown in a survey and plat drawn by Max Lewalen, Georgia Registered Surveyor No. 2067, dated February 22, 1983 and recorded in Plat Book 9, Page 99, of the Records of the Clerk of Superior Court of Banks County; reference Is hereby made to said plat for a more detailed description of the herein conveyed property. Grantor does further along a certain dirt driveway to the above described property, which said driveway is shown on the plat aforesaid. This being a part of parcel of that same tract or parcel of land conveyed by Warranty Deed from Hoyt Duncan to Paul Duncan dated August 28, 1970 and recorded in Deed Book W, Page 438 of the Records of the Clerk, aforesaid. This also being a part or parcel of that same tract or parcel of and conveyed by Warranty Deed from Hershel Satterfleid to Hoyt Duncan, dated February 18, 1953, and recorded in Deed Book FF, Page 155, of that same tract or parcel of land conveyed by Warranty Deed from James L. McDonald to Hershal Satterfield dated August 13, 1948, and recorded in Deed Book CC, Page 59 of the records of the Clerk, aforesaid.
Said property is known as 275 McDonald Circle, Commerce, GA 30529, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Lesa A. Duncan and Richard N. Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Lesa A. Duncan and Richard N. Duncan, 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.
EverBank as Attorney-in-Fact for Lesa A. Duncan and Richard N. Duncan
File no. 10-013591
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/SJ
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BONNIE F. DOWIS and RAY DOWIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated June 9, 2006 in the amount of $144,000.00, and recorded in Deed Book 283, Page 580, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 9.56 acres, more or less, as more particularly shown on a plat of survey prepared for Herman Sparks by Piedmont Surveying Company, Registered Surveyor, dated July 31, 1992, recorded in Plat Book 17, Page 248, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Less and Except: That 0.50 acres as more particularly described in that Warranty Deed recorded at Deed Book 202, Page 385, Banks County, Georgia Records.
which has the property address of 628 Wrights Mill Road, COMMERCE, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bonnie F. Dowis and Ray Dowis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Bonnie F. Dowis and Ray Dowis
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-18589 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from RED HAWK DEVELOPMENT, LLC to UNITED COMMUNITY BANK, dated October 9, 2009, recorded October 29, 2009, in Deed Book 346, Page 563, Banks County, Georgia records, said Security Deed being given to secure a Note from RED HAWK DEVELOPMENT, LLC of even date in the original principal amount of Sixty Five Thousand Four Hundred Twenty Three and 31/100 ($65,423.31) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 4.520 acres, more or less, designated as Lot 2, on a plat of survey of Nature?s Walk Subdivision, prepared by Ingram, Lord & Associates, Registered Surveyor, dated august 24, 2004, recorded in Plat book 28, Page 188, in the Office of the clerk of the superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is RED HAWK DEVELOPMENT, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RED HAWK DEVELOPMENT, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02679
(DC8,15,22,29B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JACK IRVIN, SR., JACK IRVIN, JR., and MELVIN COLEY to COMMUNITY BANK AND TRUST dated 05/18/2007, and recorded 05/24/2007, in Deed Book 305, Pages 848-850, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley the following described property:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia, containing 100.15 acres, more or less, according to plat of survey prepared by Bartlett & Cash Land Surveyors, Inc., dated April 16, 2007, said plat being recorded among Banks County, Georgia Records in Plat Book 31, at Page 55, reference being made to said plat for a more complete description of the tract herein described and conveyed.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia and being designated as Tract 3, containing 10.85 acres as shown in that Quit Claim Deed recorded 12/03/2007, in Deed Book 316, Pages 786-787, Banks County, Georgia Deed Records.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jack Irvin, Jr. Individually and Jack Irvin Jr., as Executor of the Estate of Jack Irvin Sr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1012
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from KENDRA A. BANKS to COMMUNITY BANK AND TRUST dated 06/07/2007, and recorded 06/08/2007, in Deed Book 307, Pages 50-52, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kendra A. Banks the following described property:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 10.02 acres, more or less, designated as Tract 3 on plat of survey prepared for Patsy G. Smith, Roy S. Gardiner and Barbara B. Banks by Max Lewallen, Registered Surveyor, dated June 20, 1985, recorded in Plat Book 10, Page 195, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 20 foot ingress-egress easement from county paved road to subject property as more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Kendra A. Banks or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-fact for Kendra A. Banks.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1026
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1029
(DC8,15,22,29B/19761-50T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A.as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1030
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of the default in the payment of note executed by VIRGIL E. LOVELL to BANK OF HIAWASSEE in the original principal amount of $1,001,479.00, dated August 18, 2009, secured by a Deed to Secure Debt from VIRGIL E. LOVELL to BANK OF HIAWASSEE dated August 10, 2004, recorded in Deed Book 243, page 91-98, Banks County Georgia Deed Records, and the Modification of the Deed to Secure Debt dated January 2, 2007, recorded in Deed Book 298, pages 601-602, Banks County Georgia Deed Records, the Deed to Secure Debt subsequently assigned to Citizens South Bank, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in January, 2011, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
All that tract or parcel of land lying and being in 1580th and 448th GMD of Banks County, Georgia, being shown and designated as Lot 8, containing 0.814 acres, more or less, of Phase 3 of Apple Pie Ridge, as shown on a plat of survey prepared by Eddie Davidson, R.S., under date of March 30, 2006, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, page 55 to which said plat and the record thereof reference is hereby made for a more complete description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF HIAWASSEE, a Division of Citizens South Bank, 20 Main Street, P.O. Box 68, Hiawassee, Georgia 30546. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Virgil E. Lovell, and said property will be sold as the property of Virgil E. Lovell. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ALL INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
CITIZENS SOUTH BANK, as successor in interest to, and assignee of The Federal Deposit Insurance Corporation as Receiver for Bank of Hiawassee As attorney in fact for VIRGIL E. LOVELL
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(DC8,15,22,29B/886-70T1)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from TORA PIERCE f/k/a TORA LYNN CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 17, 2009, in Deed Book 347, Pages 693-696, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Tora Pierce f/k/a Tora Lynn Caudell the following described property:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.75 acres, more or less, as shown on a certain Plat of Survey prepared by Hubert Lovell, RLS, dated June 9, 1993 and being recorded among Banks County, Georgia Records in Plat Book 18, Page 66, reference to said plat is being made for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tora Pierce f/k/a Tora Lynn Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Tora Pierce f/k/a Tora Lynn Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 14, 2009, in Deed Book 347, Pages 627-631, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Bobby Joe Caudell the following described property:
All that tract of parcel of land lying and being in Land Lot No. 185 of the 10th Land District, Banks County, Georgia, known and distinguished as Lots Nos. 27, 28, 29 and 30, and being more fully described as follows:
BEGINNING at an IPF on the eastern side of Chatham Street, joining lands owned, now or formerly, by Knox Sigers; thence in an easterly direction 150 feet to an iron pin corner on the western side of Landrum Street, joining lands owned, now or formerly, by Knox Sigers; thence in a southerly direction with the western side of Landrum Street, 229 feet to an iron pin corner, joining lands owned, now or formerly, by Harry Purvis; thence in a westerly direction 150 feet to an iron pin corner on the eastern side of Chatham Street joining lands owned now or formerly, by Harry Purvis; thence in a northerly direction on the eastern side of Chatham Street to the beginning point.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By Virtue of Power of Sale contained in Security Deed from SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS to DAVID C. JONES, JR., dated August 31, 2007, which deed is recorded among Banks County, Georgia Records in Deed Book 312, Pages 280–282, said Security Deed being given to secure a note dated August 31, 2007, in the original principal amount of FIVE THOUSAND ($5,000.00) DOLLARS, with interest therein as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Banks County, Georgia within the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in January, the same being January 4, 2011, the following described property:
ALL THAT TRACT or parcel of land containing 8.224 acres, more or less, in the 207th District, G.M., of Banks County, Georgia, and being bounded now or formerly as follows: North by lands of Seabolt; East by East County Line Road; South by Carson Road and West by lands of Mabry, Tract Two (Seabolt) and Seabolts.
Said tract of land being more particularly described according to a plat of survey prepared by W.T. Dunahoo and Associates, Surveyors, on March 23, 1999 for William L. Seabolt. Which said plat is recorded in Plat Book 31, Page 104 of the Public Records of Banks County, Georgia and being described therein as Tract No. One (1) which said plat is incorporated herein as part of this description.
Said property known and designated as 809 EAST COUNTY LINE ROAD, DANIELSVILLE, GEORGIA, 30633, together with all fixtures and personal property attached to or constituting a part of said property if any.
Whereas the note secured by said Security Deed has become in default as to payment of the principal and interest and DAVID C. JONES, JR. has given notice of his intention to foreclose said Security Deed and claims attorney’s fees as provided in said note and Security Deed.
The debt secured by said Security Deed and evidenced by said note, has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, and assessments, lien, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
The property will be sold as the property of SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS, who the best of the undersigned’s knowledge and belief, is the party in possession of said property.
Dated this __ day of __ 2010.
David C. Jones, Jr. as Attorney in fact for Sara Novalee Seabolt.
David C. Jones, Jr.
PO Box 295
Homer, GA 30547
706-677-3080
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from WARD BROS. CONCRETE, LLC to COMMUNITY BANK AND TRUST dated September 12, 2005, filed October 13, 2005, recorded October 18, 2005, in Deed Book 267, Pages 848-851, as modified by an Additional Loan Agreement dated April 15, 2009, recorded July 31, 2009, in Deed Book 343, Page 399, both in the Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ward Bros. Concrete, LLC the following described property:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 12.28 acres as shown on a survey for Banks Co. Board of Commissioners, dated August 2, 2005, prepared by Max Lewallen, Georgia Registered Land Surveyor, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found, said iron pin located 1239.7 feet along the eastern right of way of the Norfolk Southern Railroad (200’ right of way) from the right of way intersection with the eastern right of way of Yonah Homer Road (80’ right of way); thence South 58°52’15” East 60.55 feet to an iron pin set and the TRUE POINT OF BEGINNING; thence a curve having an arc distance of 488.72 feet, a radius of 5531.37 feet, being subtended by a chord bearing a distance of North 41°26’35” East 488.56 feet to an iron pin set; thence South 30°43’25” East 100.00 feet to an iron pin set; thence 44°45’05” East 150.00 feet to an iron pin set; thence South 30°43’25” East 429.63 feet to an iron pin found; thence South 29°30’25” East 787.28 feet to an iron pin found; thence South 30°17’15” East 208.26 feet to an iron pin found; thence South 51°42’35” West 377.23 feet to an iron pin found; thence North 38°07’45” West 546.09 feet to an iron pin found; thence North 37°25’15” East 172.84 feet to an iron pin found; thence North 03°46’00” East 322.16 feet to an iron pin found; thence North75°53’00” West 281.51 feet to an iron pin set; thence North 68°22’30” West 161.58 feet to an iron pin found; thence South 60°23’50” West 91.90 feet to an iron pin found; thence North 58°52’15” West 213.03 feet to the TRUE POINT OF BEGINNING.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Ward Bros. Concrete, LLC or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ward Bros. Concrete, LLC.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by CORY IVEY and MELINDA IVEY to AMERIQUEST MORTGAGE COMPANY dated October 4, 2004 in the amount of $64,800.00, and recorded in Deed Book 247, Page 219, Banks County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. by assignment; the undersigned, HSBC Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206 GMD of Banks County, Georgia, and being Lot 24 of Cedar Ridge Properties being shown on a plat of said property recorded in Plat Book 7, Page 274, Banks County Records which is incorporated in this Deed by reference. A more particular metes and bounds description.
which has the property address of 250 Cedar Ridge Dr., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Cory Ivey and Melinda Ivey and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
HSBC Mortgage Services, Inc., Attorney in Fact for Cory Ivey and Melinda Ivey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-22978 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MELISSA ROPER A/K/A MILESSA ROPER to CITIFINANCIAL SERVICES, INC, dated June 17, 2003, recorded in Deed Book 216, Page 669, Banks County, Georgia Records, last assigned to CitiFinancial, Inc, conveying the after-described property to secure a Note in the original principal amount of TWENTY-SIX THOUSAND EIGHT HUNDRED FIVE AND 70/100 DOLLARS ($26,805.70), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Melissa Roper a/k/a Milessa Roper or a tenant or tenants and said property is more commonly known as 436 Old English Rd, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CitiFinancial, Inc as Attorney in Fact for Melissa Roper a/k/a Milessa Roper Barry King, Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/ND Nov/18/2010 MHS File #: GA-91000612-10
EXHIBIT “A”
ALL THAT CERTAIN PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF BANKS, STATE OF GA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND, CONTAINING 6.64 ACRES, MORE OR LESS, AND BEING IN THE 1210TH G.M.D. OF BANKS COUNTY, GEORGIA, AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF PATRICIA YARBER, KENNETH YARBER, AND LANDS OF STORY; EAST BY LANDS OF STORY AND LANDS OF ENGLISH; SOUTH BY LANDS OF ENGLISH AND LANDS OF BROCK; AND WEST BY LANDS OF BROCK, LANDS OF PATRICIA YARBER AND LANDS OF KENNETH YARBER. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY MAX LEWALLEN, R.S.,UNDER DATE OF FEBRUARY 4, 1993, A COPY OF SAID PLAT BEING OF RECORD IN THE PUBLIC RECORDS OF BANKS COUNTY, GEORGIA, IN PLAT BOOK 17, PAGE 205, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. GRANTEE AND HER HEIRS AND ASSIGNS SHALL HAVE A RIGHT TO USE THE WELL ON THE BOUNDARY LINE AND SHALL SHARE EXPENSES WITH ADJOINING OWNERS FOR UPKEEP AND OPERATION COSTS. TAX MAP REFERENCE: 26-037A BEING THAT PARCEL OF LAND CONVEYED TO MELISSA ROPER FROM W. MARVIN ENGLISH BY THAT DEED DATED 03/02/1993 AND RECORDED 03/06/1993 IN DEED BOOK 77, AT PAGE 761 OF THE BANKS COUNTY, GA PUBLIC REGISTRY.
(DC8,15,22,29B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from GLADYS DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated June 19, 2006, filed for record July 7, 2006, and recorded in Deed Book 284, Pages 812-815, Banks County, Georgia records (the “Security Deed”); securing that certain Promissory Note from Gladys Duckett to and in favor of Lender dated May 29, 2008 in the original principal sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND 01/100 DOLLARS ($484,355.01) (the “Note”); there will be sold at public outcry by the Federal Deposit Insurance Corporation as Receiver for Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in January 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 448, Golden Hill, Banks County, Georgia, and containing 4.00 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated January 31, 1994, recorded among Banks County, Georgia records in Plat Book 18, Page 132, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a 20-foot drive as shown on the above referenced plat. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST
As Attorney-in-Fact for
Gladys Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by LESA A. DUNCAN and RICHARD N. DUNCAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 27, 2002, and recorded in Deed Book 205, Page 785, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank, by Assignment, securing a Note in the original principal amount of $103,200.00, 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 4, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 208th (Bushvlille) District, GM, Banks County, State of Georgia, containing one and twenty nine hundredths (1.29) acres, and being that same tract or parcel of land shown in a survey and plat drawn by Max Lewalen, Georgia Registered Surveyor No. 2067, dated February 22, 1983 and recorded in Plat Book 9, Page 99, of the Records of the Clerk of Superior Court of Banks County; reference Is hereby made to said plat for a more detailed description of the herein conveyed property. Grantor does further along a certain dirt driveway to the above described property, which said driveway is shown on the plat aforesaid. This being a part of parcel of that same tract or parcel of land conveyed by Warranty Deed from Hoyt Duncan to Paul Duncan dated August 28, 1970 and recorded in Deed Book W, Page 438 of the Records of the Clerk, aforesaid. This also being a part or parcel of that same tract or parcel of and conveyed by Warranty Deed from Hershel Satterfleid to Hoyt Duncan, dated February 18, 1953, and recorded in Deed Book FF, Page 155, of that same tract or parcel of land conveyed by Warranty Deed from James L. McDonald to Hershal Satterfield dated August 13, 1948, and recorded in Deed Book CC, Page 59 of the records of the Clerk, aforesaid.
Said property is known as 275 McDonald Circle, Commerce, GA 30529, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Lesa A. Duncan and Richard N. Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Lesa A. Duncan and Richard N. Duncan, 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.
EverBank as Attorney-in-Fact for Lesa A. Duncan and Richard N. Duncan
File no. 10-013591
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/SJ
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BONNIE F. DOWIS and RAY DOWIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated June 9, 2006 in the amount of $144,000.00, and recorded in Deed Book 283, Page 580, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 9.56 acres, more or less, as more particularly shown on a plat of survey prepared for Herman Sparks by Piedmont Surveying Company, Registered Surveyor, dated July 31, 1992, recorded in Plat Book 17, Page 248, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Less and Except: That 0.50 acres as more particularly described in that Warranty Deed recorded at Deed Book 202, Page 385, Banks County, Georgia Records.
which has the property address of 628 Wrights Mill Road, COMMERCE, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bonnie F. Dowis and Ray Dowis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Bonnie F. Dowis and Ray Dowis
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-18589 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from RED HAWK DEVELOPMENT, LLC to UNITED COMMUNITY BANK, dated October 9, 2009, recorded October 29, 2009, in Deed Book 346, Page 563, Banks County, Georgia records, said Security Deed being given to secure a Note from RED HAWK DEVELOPMENT, LLC of even date in the original principal amount of Sixty Five Thousand Four Hundred Twenty Three and 31/100 ($65,423.31) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 4.520 acres, more or less, designated as Lot 2, on a plat of survey of Nature?s Walk Subdivision, prepared by Ingram, Lord & Associates, Registered Surveyor, dated august 24, 2004, recorded in Plat book 28, Page 188, in the Office of the clerk of the superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is RED HAWK DEVELOPMENT, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RED HAWK DEVELOPMENT, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02679
(DC8,15,22,29B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JACK IRVIN, SR., JACK IRVIN, JR., and MELVIN COLEY to COMMUNITY BANK AND TRUST dated 05/18/2007, and recorded 05/24/2007, in Deed Book 305, Pages 848-850, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley the following described property:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia, containing 100.15 acres, more or less, according to plat of survey prepared by Bartlett & Cash Land Surveyors, Inc., dated April 16, 2007, said plat being recorded among Banks County, Georgia Records in Plat Book 31, at Page 55, reference being made to said plat for a more complete description of the tract herein described and conveyed.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia and being designated as Tract 3, containing 10.85 acres as shown in that Quit Claim Deed recorded 12/03/2007, in Deed Book 316, Pages 786-787, Banks County, Georgia Deed Records.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jack Irvin, Jr. Individually and Jack Irvin Jr., as Executor of the Estate of Jack Irvin Sr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1012
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from KENDRA A. BANKS to COMMUNITY BANK AND TRUST dated 06/07/2007, and recorded 06/08/2007, in Deed Book 307, Pages 50-52, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kendra A. Banks the following described property:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 10.02 acres, more or less, designated as Tract 3 on plat of survey prepared for Patsy G. Smith, Roy S. Gardiner and Barbara B. Banks by Max Lewallen, Registered Surveyor, dated June 20, 1985, recorded in Plat Book 10, Page 195, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 20 foot ingress-egress easement from county paved road to subject property as more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Kendra A. Banks or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-fact for Kendra A. Banks.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1026
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1029
(DC8,15,22,29B/19761-50T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A.as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1030
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of the default in the payment of note executed by VIRGIL E. LOVELL to BANK OF HIAWASSEE in the original principal amount of $1,001,479.00, dated August 18, 2009, secured by a Deed to Secure Debt from VIRGIL E. LOVELL to BANK OF HIAWASSEE dated August 10, 2004, recorded in Deed Book 243, page 91-98, Banks County Georgia Deed Records, and the Modification of the Deed to Secure Debt dated January 2, 2007, recorded in Deed Book 298, pages 601-602, Banks County Georgia Deed Records, the Deed to Secure Debt subsequently assigned to Citizens South Bank, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in January, 2011, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
All that tract or parcel of land lying and being in 1580th and 448th GMD of Banks County, Georgia, being shown and designated as Lot 8, containing 0.814 acres, more or less, of Phase 3 of Apple Pie Ridge, as shown on a plat of survey prepared by Eddie Davidson, R.S., under date of March 30, 2006, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, page 55 to which said plat and the record thereof reference is hereby made for a more complete description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF HIAWASSEE, a Division of Citizens South Bank, 20 Main Street, P.O. Box 68, Hiawassee, Georgia 30546. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Virgil E. Lovell, and said property will be sold as the property of Virgil E. Lovell. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ALL INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
CITIZENS SOUTH BANK, as successor in interest to, and assignee of The Federal Deposit Insurance Corporation as Receiver for Bank of Hiawassee As attorney in fact for VIRGIL E. LOVELL
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(DC8,15,22,29B/886-70T1)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from TORA PIERCE f/k/a TORA LYNN CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 17, 2009, in Deed Book 347, Pages 693-696, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Tora Pierce f/k/a Tora Lynn Caudell the following described property:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.75 acres, more or less, as shown on a certain Plat of Survey prepared by Hubert Lovell, RLS, dated June 9, 1993 and being recorded among Banks County, Georgia Records in Plat Book 18, Page 66, reference to said plat is being made for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tora Pierce f/k/a Tora Lynn Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Tora Pierce f/k/a Tora Lynn Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 14, 2009, in Deed Book 347, Pages 627-631, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Bobby Joe Caudell the following described property:
All that tract of parcel of land lying and being in Land Lot No. 185 of the 10th Land District, Banks County, Georgia, known and distinguished as Lots Nos. 27, 28, 29 and 30, and being more fully described as follows:
BEGINNING at an IPF on the eastern side of Chatham Street, joining lands owned, now or formerly, by Knox Sigers; thence in an easterly direction 150 feet to an iron pin corner on the western side of Landrum Street, joining lands owned, now or formerly, by Knox Sigers; thence in a southerly direction with the western side of Landrum Street, 229 feet to an iron pin corner, joining lands owned, now or formerly, by Harry Purvis; thence in a westerly direction 150 feet to an iron pin corner on the eastern side of Chatham Street joining lands owned now or formerly, by Harry Purvis; thence in a northerly direction on the eastern side of Chatham Street to the beginning point.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By Virtue of Power of Sale contained in Security Deed from SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS to DAVID C. JONES, JR., dated August 31, 2007, which deed is recorded among Banks County, Georgia Records in Deed Book 312, Pages 280–282, said Security Deed being given to secure a note dated August 31, 2007, in the original principal amount of FIVE THOUSAND ($5,000.00) DOLLARS, with interest therein as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Banks County, Georgia within the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in January, the same being January 4, 2011, the following described property:
ALL THAT TRACT or parcel of land containing 8.224 acres, more or less, in the 207th District, G.M., of Banks County, Georgia, and being bounded now or formerly as follows: North by lands of Seabolt; East by East County Line Road; South by Carson Road and West by lands of Mabry, Tract Two (Seabolt) and Seabolts.
Said tract of land being more particularly described according to a plat of survey prepared by W.T. Dunahoo and Associates, Surveyors, on March 23, 1999 for William L. Seabolt. Which said plat is recorded in Plat Book 31, Page 104 of the Public Records of Banks County, Georgia and being described therein as Tract No. One (1) which said plat is incorporated herein as part of this description.
Said property known and designated as 809 EAST COUNTY LINE ROAD, DANIELSVILLE, GEORGIA, 30633, together with all fixtures and personal property attached to or constituting a part of said property if any.
Whereas the note secured by said Security Deed has become in default as to payment of the principal and interest and DAVID C. JONES, JR. has given notice of his intention to foreclose said Security Deed and claims attorney’s fees as provided in said note and Security Deed.
The debt secured by said Security Deed and evidenced by said note, has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, and assessments, lien, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
The property will be sold as the property of SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS, who the best of the undersigned’s knowledge and belief, is the party in possession of said property.
Dated this __ day of __ 2010.
David C. Jones, Jr. as Attorney in fact for Sara Novalee Seabolt.
David C. Jones, Jr.
PO Box 295
Homer, GA 30547
706-677-3080
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from WARD BROS. CONCRETE, LLC to COMMUNITY BANK AND TRUST dated September 12, 2005, filed October 13, 2005, recorded October 18, 2005, in Deed Book 267, Pages 848-851, as modified by an Additional Loan Agreement dated April 15, 2009, recorded July 31, 2009, in Deed Book 343, Page 399, both in the Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ward Bros. Concrete, LLC the following described property:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 12.28 acres as shown on a survey for Banks Co. Board of Commissioners, dated August 2, 2005, prepared by Max Lewallen, Georgia Registered Land Surveyor, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found, said iron pin located 1239.7 feet along the eastern right of way of the Norfolk Southern Railroad (200’ right of way) from the right of way intersection with the eastern right of way of Yonah Homer Road (80’ right of way); thence South 58°52’15” East 60.55 feet to an iron pin set and the TRUE POINT OF BEGINNING; thence a curve having an arc distance of 488.72 feet, a radius of 5531.37 feet, being subtended by a chord bearing a distance of North 41°26’35” East 488.56 feet to an iron pin set; thence South 30°43’25” East 100.00 feet to an iron pin set; thence 44°45’05” East 150.00 feet to an iron pin set; thence South 30°43’25” East 429.63 feet to an iron pin found; thence South 29°30’25” East 787.28 feet to an iron pin found; thence South 30°17’15” East 208.26 feet to an iron pin found; thence South 51°42’35” West 377.23 feet to an iron pin found; thence North 38°07’45” West 546.09 feet to an iron pin found; thence North 37°25’15” East 172.84 feet to an iron pin found; thence North 03°46’00” East 322.16 feet to an iron pin found; thence North75°53’00” West 281.51 feet to an iron pin set; thence North 68°22’30” West 161.58 feet to an iron pin found; thence South 60°23’50” West 91.90 feet to an iron pin found; thence North 58°52’15” West 213.03 feet to the TRUE POINT OF BEGINNING.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Ward Bros. Concrete, LLC or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ward Bros. Concrete, LLC.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
[Full Story »]
Banks County Public Records 12-08-10 pt 2
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID AMERSON and BRENDA AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty-foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David Amerson and Brenda Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David Amerson and Brenda Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/ta2 1/4/11
Our file no. 1892809-FT1
(DC8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by NEIL A. ROSS and TERRI C. ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for QUICKEN LOANS, INC., its successors and assigns dated July 13, 2006, in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment, the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Commonly known as: 160 Fergusson Rd., Baldwin, GA 30511
which has the property address of 160 Ferguson Rd, Baldwin, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neil A. Ross and Terri C. Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A. Ross and Terri C. Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-60)
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Order
of Publication
In the Superior Court of Banks County
State of Georgia
Holly Michele Lewis, Plaintiff,
v.
John Derrick Lewis, Defendant.
Case No. 10CV641B
It appearing by Affidavit, that the above named Defendant on whom service is to be made in this cases resides out of State, or has departed from the State, or cannot after due diligence, be found within the State, or conceals him/her self to avoid service of the Summons, and it further appearing, either by Affidavit or by verified Complaint on File, that a claim exists against the Defendant in respect to whom service is made, and that he/she is a necessary or proper party to the action.
It is hereby ORDERED that service be made by publication as provided by law.
SO ORDERED, this 23rd day of November, 2010.
By: __, Judge
Banks County Superior Court
(DC8,15,22,29P4)
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Citation
Georgia, Banks County
Estate No. 2010-65
In Re: Petition of LORETTA DINGLE for Temporary Letters of Guardianship
Estate of: DAVID FRAZIER, Minor
To: The Unknown father of David Frazier, Minor
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 scheduled at a later date.
Betty Thomas, Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.,
Ste. 7
Homer, GA 30547
706-677-6250
(DC8,15,P2)
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Williams Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MARY L. WILLIAMS, 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 23rd day of November, 2010.
James T. Sheridan
Executor/Administrator
5836 Meadow Field Trace
Flowery Branch, GA 30542
(DC8,15,22,29P4)
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Brown Estate
Georgia, Banks County Probate Court
Notice
The petition of YVONNE CROMER BROWN, for a year’s support from the estate of TRAVIS GILBERT BROWN, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before December 20, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk, Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite Seven
Homer, GA 20547
706-677-6250
(NV24,DC1,8,15P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID AMERSON and BRENDA AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty-foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David Amerson and Brenda Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David Amerson and Brenda Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/ta2 1/4/11
Our file no. 1892809-FT1
(DC8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by NEIL A. ROSS and TERRI C. ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for QUICKEN LOANS, INC., its successors and assigns dated July 13, 2006, in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment, the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Commonly known as: 160 Fergusson Rd., Baldwin, GA 30511
which has the property address of 160 Ferguson Rd, Baldwin, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neil A. Ross and Terri C. Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A. Ross and Terri C. Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-60)
gpn08
Order
of Publication
In the Superior Court of Banks County
State of Georgia
Holly Michele Lewis, Plaintiff,
v.
John Derrick Lewis, Defendant.
Case No. 10CV641B
It appearing by Affidavit, that the above named Defendant on whom service is to be made in this cases resides out of State, or has departed from the State, or cannot after due diligence, be found within the State, or conceals him/her self to avoid service of the Summons, and it further appearing, either by Affidavit or by verified Complaint on File, that a claim exists against the Defendant in respect to whom service is made, and that he/she is a necessary or proper party to the action.
It is hereby ORDERED that service be made by publication as provided by law.
SO ORDERED, this 23rd day of November, 2010.
By: __, Judge
Banks County Superior Court
(DC8,15,22,29P4)
gpn10
Citation
Georgia, Banks County
Estate No. 2010-65
In Re: Petition of LORETTA DINGLE for Temporary Letters of Guardianship
Estate of: DAVID FRAZIER, Minor
To: The Unknown father of David Frazier, Minor
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 scheduled at a later date.
Betty Thomas, Probate Judge
By: Vicki Dalton
Probate Clerk/Deputy Clerk
144 Yonah Homer Rd.,
Ste. 7
Homer, GA 30547
706-677-6250
(DC8,15,P2)
gpn07
Williams Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MARY L. WILLIAMS, 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 23rd day of November, 2010.
James T. Sheridan
Executor/Administrator
5836 Meadow Field Trace
Flowery Branch, GA 30542
(DC8,15,22,29P4)
gpn18
Brown Estate
Georgia, Banks County Probate Court
Notice
The petition of YVONNE CROMER BROWN, for a year’s support from the estate of TRAVIS GILBERT BROWN, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before December 20, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk, Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite Seven
Homer, GA 20547
706-677-6250
(NV24,DC1,8,15P4)
Banks County Public Records 12-08-10
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by CORY IVEY and MELINDA IVEY to AMERIQUEST MORTGAGE COMPANY dated October 4, 2004 in the amount of $64,800.00, and recorded in Deed Book 247, Page 219, Banks County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. by assignment; the undersigned, HSBC Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206 GMD of Banks County, Georgia, and being Lot 24 of Cedar Ridge Properties being shown on a plat of said property recorded in Plat Book 7, Page 274, Banks County Records which is incorporated in this Deed by reference. A more particular metes and bounds description.
which has the property address of 250 Cedar Ridge Dr., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Cory Ivey and Melinda Ivey and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
HSBC Mortgage Services, Inc., Attorney in Fact for Cory Ivey and Melinda Ivey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-22978 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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 MELISSA ROPER A/K/A MILESSA ROPER to CITIFINANCIAL SERVICES, INC, dated June 17, 2003, recorded in Deed Book 216, Page 669, Banks County, Georgia Records, last assigned to CitiFinancial, Inc, conveying the after-described property to secure a Note in the original principal amount of TWENTY-SIX THOUSAND EIGHT HUNDRED FIVE AND 70/100 DOLLARS ($26,805.70), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Melissa Roper a/k/a Milessa Roper or a tenant or tenants and said property is more commonly known as 436 Old English Rd, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CitiFinancial, Inc as Attorney in Fact for Melissa Roper a/k/a Milessa Roper Barry King, Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/ND Nov/18/2010 MHS File #: GA-91000612-10
EXHIBIT “A”
ALL THAT CERTAIN PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF BANKS, STATE OF GA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND, CONTAINING 6.64 ACRES, MORE OR LESS, AND BEING IN THE 1210TH G.M.D. OF BANKS COUNTY, GEORGIA, AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF PATRICIA YARBER, KENNETH YARBER, AND LANDS OF STORY; EAST BY LANDS OF STORY AND LANDS OF ENGLISH; SOUTH BY LANDS OF ENGLISH AND LANDS OF BROCK; AND WEST BY LANDS OF BROCK, LANDS OF PATRICIA YARBER AND LANDS OF KENNETH YARBER. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY MAX LEWALLEN, R.S.,UNDER DATE OF FEBRUARY 4, 1993, A COPY OF SAID PLAT BEING OF RECORD IN THE PUBLIC RECORDS OF BANKS COUNTY, GEORGIA, IN PLAT BOOK 17, PAGE 205, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. GRANTEE AND HER HEIRS AND ASSIGNS SHALL HAVE A RIGHT TO USE THE WELL ON THE BOUNDARY LINE AND SHALL SHARE EXPENSES WITH ADJOINING OWNERS FOR UPKEEP AND OPERATION COSTS. TAX MAP REFERENCE: 26-037A BEING THAT PARCEL OF LAND CONVEYED TO MELISSA ROPER FROM W. MARVIN ENGLISH BY THAT DEED DATED 03/02/1993 AND RECORDED 03/06/1993 IN DEED BOOK 77, AT PAGE 761 OF THE BANKS COUNTY, GA PUBLIC REGISTRY.
(DC8,15,22,29B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from GLADYS DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated June 19, 2006, filed for record July 7, 2006, and recorded in Deed Book 284, Pages 812-815, Banks County, Georgia records (the “Security Deed”); securing that certain Promissory Note from Gladys Duckett to and in favor of Lender dated May 29, 2008 in the original principal sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND 01/100 DOLLARS ($484,355.01) (the “Note”); there will be sold at public outcry by the Federal Deposit Insurance Corporation as Receiver for Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in January 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 448, Golden Hill, Banks County, Georgia, and containing 4.00 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated January 31, 1994, recorded among Banks County, Georgia records in Plat Book 18, Page 132, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a 20-foot drive as shown on the above referenced plat. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST
As Attorney-in-Fact for
Gladys Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(DC8,15,22,29P4)
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 LESA A. DUNCAN and RICHARD N. DUNCAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 27, 2002, and recorded in Deed Book 205, Page 785, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank, by Assignment, securing a Note in the original principal amount of $103,200.00, 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 4, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 208th (Bushvlille) District, GM, Banks County, State of Georgia, containing one and twenty nine hundredths (1.29) acres, and being that same tract or parcel of land shown in a survey and plat drawn by Max Lewalen, Georgia Registered Surveyor No. 2067, dated February 22, 1983 and recorded in Plat Book 9, Page 99, of the Records of the Clerk of Superior Court of Banks County; reference Is hereby made to said plat for a more detailed description of the herein conveyed property. Grantor does further along a certain dirt driveway to the above described property, which said driveway is shown on the plat aforesaid. This being a part of parcel of that same tract or parcel of land conveyed by Warranty Deed from Hoyt Duncan to Paul Duncan dated August 28, 1970 and recorded in Deed Book W, Page 438 of the Records of the Clerk, aforesaid. This also being a part or parcel of that same tract or parcel of and conveyed by Warranty Deed from Hershel Satterfleid to Hoyt Duncan, dated February 18, 1953, and recorded in Deed Book FF, Page 155, of that same tract or parcel of land conveyed by Warranty Deed from James L. McDonald to Hershal Satterfield dated August 13, 1948, and recorded in Deed Book CC, Page 59 of the records of the Clerk, aforesaid.
Said property is known as 275 McDonald Circle, Commerce, GA 30529, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Lesa A. Duncan and Richard N. Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Lesa A. Duncan and Richard N. Duncan, 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.
EverBank as Attorney-in-Fact for Lesa A. Duncan and Richard N. Duncan
File no. 10-013591
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/SJ
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BONNIE F. DOWIS and RAY DOWIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated June 9, 2006 in the amount of $144,000.00, and recorded in Deed Book 283, Page 580, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 9.56 acres, more or less, as more particularly shown on a plat of survey prepared for Herman Sparks by Piedmont Surveying Company, Registered Surveyor, dated July 31, 1992, recorded in Plat Book 17, Page 248, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Less and Except: That 0.50 acres as more particularly described in that Warranty Deed recorded at Deed Book 202, Page 385, Banks County, Georgia Records.
which has the property address of 628 Wrights Mill Road, COMMERCE, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bonnie F. Dowis and Ray Dowis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Bonnie F. Dowis and Ray Dowis
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-18589 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from RED HAWK DEVELOPMENT, LLC to UNITED COMMUNITY BANK, dated October 9, 2009, recorded October 29, 2009, in Deed Book 346, Page 563, Banks County, Georgia records, said Security Deed being given to secure a Note from RED HAWK DEVELOPMENT, LLC of even date in the original principal amount of Sixty Five Thousand Four Hundred Twenty Three and 31/100 ($65,423.31) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 4.520 acres, more or less, designated as Lot 2, on a plat of survey of Nature?s Walk Subdivision, prepared by Ingram, Lord & Associates, Registered Surveyor, dated august 24, 2004, recorded in Plat book 28, Page 188, in the Office of the clerk of the superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is RED HAWK DEVELOPMENT, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RED HAWK DEVELOPMENT, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02679
(DC8,15,22,29B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JACK IRVIN, SR., JACK IRVIN, JR., and MELVIN COLEY to COMMUNITY BANK AND TRUST dated 05/18/2007, and recorded 05/24/2007, in Deed Book 305, Pages 848-850, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley the following described property:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia, containing 100.15 acres, more or less, according to plat of survey prepared by Bartlett & Cash Land Surveyors, Inc., dated April 16, 2007, said plat being recorded among Banks County, Georgia Records in Plat Book 31, at Page 55, reference being made to said plat for a more complete description of the tract herein described and conveyed.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia and being designated as Tract 3, containing 10.85 acres as shown in that Quit Claim Deed recorded 12/03/2007, in Deed Book 316, Pages 786-787, Banks County, Georgia Deed Records.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jack Irvin, Jr. Individually and Jack Irvin Jr., as Executor of the Estate of Jack Irvin Sr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1012
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from KENDRA A. BANKS to COMMUNITY BANK AND TRUST dated 06/07/2007, and recorded 06/08/2007, in Deed Book 307, Pages 50-52, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kendra A. Banks the following described property:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 10.02 acres, more or less, designated as Tract 3 on plat of survey prepared for Patsy G. Smith, Roy S. Gardiner and Barbara B. Banks by Max Lewallen, Registered Surveyor, dated June 20, 1985, recorded in Plat Book 10, Page 195, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 20 foot ingress-egress easement from county paved road to subject property as more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Kendra A. Banks or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-fact for Kendra A. Banks.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1026
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1029
(DC8,15,22,29B/19761-50T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A.as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1030
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of the default in the payment of note executed by VIRGIL E. LOVELL to BANK OF HIAWASSEE in the original principal amount of $1,001,479.00, dated August 18, 2009, secured by a Deed to Secure Debt from VIRGIL E. LOVELL to BANK OF HIAWASSEE dated August 10, 2004, recorded in Deed Book 243, page 91-98, Banks County Georgia Deed Records, and the Modification of the Deed to Secure Debt dated January 2, 2007, recorded in Deed Book 298, pages 601-602, Banks County Georgia Deed Records, the Deed to Secure Debt subsequently assigned to Citizens South Bank, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in January, 2011, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
All that tract or parcel of land lying and being in 1580th and 448th GMD of Banks County, Georgia, being shown and designated as Lot 8, containing 0.814 acres, more or less, of Phase 3 of Apple Pie Ridge, as shown on a plat of survey prepared by Eddie Davidson, R.S., under date of March 30, 2006, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, page 55 to which said plat and the record thereof reference is hereby made for a more complete description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF HIAWASSEE, a Division of Citizens South Bank, 20 Main Street, P.O. Box 68, Hiawassee, Georgia 30546. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Virgil E. Lovell, and said property will be sold as the property of Virgil E. Lovell. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ALL INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
CITIZENS SOUTH BANK, as successor in interest to, and assignee of The Federal Deposit Insurance Corporation as Receiver for Bank of Hiawassee As attorney in fact for VIRGIL E. LOVELL
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(DC8,15,22,29B/886-70T1)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from TORA PIERCE f/k/a TORA LYNN CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 17, 2009, in Deed Book 347, Pages 693-696, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Tora Pierce f/k/a Tora Lynn Caudell the following described property:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.75 acres, more or less, as shown on a certain Plat of Survey prepared by Hubert Lovell, RLS, dated June 9, 1993 and being recorded among Banks County, Georgia Records in Plat Book 18, Page 66, reference to said plat is being made for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tora Pierce f/k/a Tora Lynn Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Tora Pierce f/k/a Tora Lynn Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 14, 2009, in Deed Book 347, Pages 627-631, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Bobby Joe Caudell the following described property:
All that tract of parcel of land lying and being in Land Lot No. 185 of the 10th Land District, Banks County, Georgia, known and distinguished as Lots Nos. 27, 28, 29 and 30, and being more fully described as follows:
BEGINNING at an IPF on the eastern side of Chatham Street, joining lands owned, now or formerly, by Knox Sigers; thence in an easterly direction 150 feet to an iron pin corner on the western side of Landrum Street, joining lands owned, now or formerly, by Knox Sigers; thence in a southerly direction with the western side of Landrum Street, 229 feet to an iron pin corner, joining lands owned, now or formerly, by Harry Purvis; thence in a westerly direction 150 feet to an iron pin corner on the eastern side of Chatham Street joining lands owned now or formerly, by Harry Purvis; thence in a northerly direction on the eastern side of Chatham Street to the beginning point.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By Virtue of Power of Sale contained in Security Deed from SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS to DAVID C. JONES, JR., dated August 31, 2007, which deed is recorded among Banks County, Georgia Records in Deed Book 312, Pages 280–282, said Security Deed being given to secure a note dated August 31, 2007, in the original principal amount of FIVE THOUSAND ($5,000.00) DOLLARS, with interest therein as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Banks County, Georgia within the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in January, the same being January 4, 2011, the following described property:
ALL THAT TRACT or parcel of land containing 8.224 acres, more or less, in the 207th District, G.M., of Banks County, Georgia, and being bounded now or formerly as follows: North by lands of Seabolt; East by East County Line Road; South by Carson Road and West by lands of Mabry, Tract Two (Seabolt) and Seabolts.
Said tract of land being more particularly described according to a plat of survey prepared by W.T. Dunahoo and Associates, Surveyors, on March 23, 1999 for William L. Seabolt. Which said plat is recorded in Plat Book 31, Page 104 of the Public Records of Banks County, Georgia and being described therein as Tract No. One (1) which said plat is incorporated herein as part of this description.
Said property known and designated as 809 EAST COUNTY LINE ROAD, DANIELSVILLE, GEORGIA, 30633, together with all fixtures and personal property attached to or constituting a part of said property if any.
Whereas the note secured by said Security Deed has become in default as to payment of the principal and interest and DAVID C. JONES, JR. has given notice of his intention to foreclose said Security Deed and claims attorney’s fees as provided in said note and Security Deed.
The debt secured by said Security Deed and evidenced by said note, has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, and assessments, lien, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
The property will be sold as the property of SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS, who the best of the undersigned’s knowledge and belief, is the party in possession of said property.
Dated this __ day of __ 2010.
David C. Jones, Jr. as Attorney in fact for Sara Novalee Seabolt.
David C. Jones, Jr.
PO Box 295
Homer, GA 30547
706-677-3080
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from WARD BROS. CONCRETE, LLC to COMMUNITY BANK AND TRUST dated September 12, 2005, filed October 13, 2005, recorded October 18, 2005, in Deed Book 267, Pages 848-851, as modified by an Additional Loan Agreement dated April 15, 2009, recorded July 31, 2009, in Deed Book 343, Page 399, both in the Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ward Bros. Concrete, LLC the following described property:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 12.28 acres as shown on a survey for Banks Co. Board of Commissioners, dated August 2, 2005, prepared by Max Lewallen, Georgia Registered Land Surveyor, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found, said iron pin located 1239.7 feet along the eastern right of way of the Norfolk Southern Railroad (200’ right of way) from the right of way intersection with the eastern right of way of Yonah Homer Road (80’ right of way); thence South 58°52’15” East 60.55 feet to an iron pin set and the TRUE POINT OF BEGINNING; thence a curve having an arc distance of 488.72 feet, a radius of 5531.37 feet, being subtended by a chord bearing a distance of North 41°26’35” East 488.56 feet to an iron pin set; thence South 30°43’25” East 100.00 feet to an iron pin set; thence 44°45’05” East 150.00 feet to an iron pin set; thence South 30°43’25” East 429.63 feet to an iron pin found; thence South 29°30’25” East 787.28 feet to an iron pin found; thence South 30°17’15” East 208.26 feet to an iron pin found; thence South 51°42’35” West 377.23 feet to an iron pin found; thence North 38°07’45” West 546.09 feet to an iron pin found; thence North 37°25’15” East 172.84 feet to an iron pin found; thence North 03°46’00” East 322.16 feet to an iron pin found; thence North75°53’00” West 281.51 feet to an iron pin set; thence North 68°22’30” West 161.58 feet to an iron pin found; thence South 60°23’50” West 91.90 feet to an iron pin found; thence North 58°52’15” West 213.03 feet to the TRUE POINT OF BEGINNING.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Ward Bros. Concrete, LLC or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ward Bros. Concrete, LLC.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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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 MIGUEL A. TORRES and GRACIELA DE TORRES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 27, 2003, and recorded in Deed Book 226, Page 422, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment , securing a Note in the original principal amount of $91,650.00, 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 4, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 66, 9TH DISTRICT, TOWN OF BELTON, BANKS COUNTY, GEORGIA, AND BEING LOTS THREE (3) AND FOUR (4) IN BLOCK TWELVE (12) AS PER PLAT MADE BY L.Y. SAGE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FRONTING ON THE SOUTHERN RAILWAY ONE HUNDRED (100) FEET, AND RUNNING BACK AND ALONG 7TH STREET TWO HUNDRED (200) FEET TO HAMPTON STREET, AT RIGHT ANGLES OF EVEN WIDTH, THESE TWO LOTS MAKING A TOTAL LOT, 100 FT. X 200 FT., AND BEING PART OF LAND LOT 66, 9TH LAND DISTRICT OF ORIGINAL HALL BUT NOW BANKS COUNTY, GEORGIA.THIS SAME BEING KNOWN AS PARCEL OF LAND OR LOTS OF LAND DEEDED TO SAID WALTER CHAMBERS BY MRS. W.H. QUILLIAN, (SOLE HEIR AT LAW OF MRS. S.P. WILLIAMS), AND RECORDED IN DEED BOOK 53, PAGE 295, BANKS COUNTY, GEORGIA DEED RECORDS.
BEING THE SAME PROPERTY CONVEYED TO MIGUEL A. TORRES AND GRACIELA DE TORRES BY DEED FROM MARGARET CHAMBERS, RECORDED 06/07/2001 IN DEED BOOK 173, PAGE 377.
Said property is known as 186 Railroad Avenue, 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 Miguel A. Torres and Graciela De Torres, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Graciela De Torres and Miguel A. Torres, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, NA as Attorney-in-Fact for Miguel A. Torres and Graciela De Torres
File no. 09-012822
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC8,15,22,29B/1323-70T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by CORY IVEY and MELINDA IVEY to AMERIQUEST MORTGAGE COMPANY dated October 4, 2004 in the amount of $64,800.00, and recorded in Deed Book 247, Page 219, Banks County, Georgia Records; as last transferred to HSBC Mortgage Services, Inc. by assignment; the undersigned, HSBC Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206 GMD of Banks County, Georgia, and being Lot 24 of Cedar Ridge Properties being shown on a plat of said property recorded in Plat Book 7, Page 274, Banks County Records which is incorporated in this Deed by reference. A more particular metes and bounds description.
which has the property address of 250 Cedar Ridge Dr., Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Cory Ivey and Melinda Ivey and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
HSBC Mortgage Services, Inc., Attorney in Fact for Cory Ivey and Melinda Ivey
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-22978 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MELISSA ROPER A/K/A MILESSA ROPER to CITIFINANCIAL SERVICES, INC, dated June 17, 2003, recorded in Deed Book 216, Page 669, Banks County, Georgia Records, last assigned to CitiFinancial, Inc, conveying the after-described property to secure a Note in the original principal amount of TWENTY-SIX THOUSAND EIGHT HUNDRED FIVE AND 70/100 DOLLARS ($26,805.70), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Melissa Roper a/k/a Milessa Roper or a tenant or tenants and said property is more commonly known as 436 Old English Rd, Homer, GA 30547.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CitiFinancial North America, Attention: Foreclosure Department, 1111 Northpoint, Suite 100 Bldg 4, Coppell, TX 75019 AND ¬877-675-3656 . Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
CitiFinancial, Inc as Attorney in Fact for Melissa Roper a/k/a Milessa Roper Barry King, Morris|Hardwick|Schneider, LLC 1303 Hightower Trail Suite 315 Sandy Springs, Georgia 30350 http://foreclosure.closingsource.net BK/ND Nov/18/2010 MHS File #: GA-91000612-10
EXHIBIT “A”
ALL THAT CERTAIN PARCEL OF LAND LYING AND BEING SITUATED IN THE COUNTY OF BANKS, STATE OF GA, TO WIT: ALL THAT TRACT OR PARCEL OF LAND, CONTAINING 6.64 ACRES, MORE OR LESS, AND BEING IN THE 1210TH G.M.D. OF BANKS COUNTY, GEORGIA, AND BEING BOUNDED NOW OR FORMERLY AS FOLLOWS: NORTH BY LANDS OF PATRICIA YARBER, KENNETH YARBER, AND LANDS OF STORY; EAST BY LANDS OF STORY AND LANDS OF ENGLISH; SOUTH BY LANDS OF ENGLISH AND LANDS OF BROCK; AND WEST BY LANDS OF BROCK, LANDS OF PATRICIA YARBER AND LANDS OF KENNETH YARBER. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO A PLAT OF SURVEY PREPARED BY MAX LEWALLEN, R.S.,UNDER DATE OF FEBRUARY 4, 1993, A COPY OF SAID PLAT BEING OF RECORD IN THE PUBLIC RECORDS OF BANKS COUNTY, GEORGIA, IN PLAT BOOK 17, PAGE 205, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. GRANTEE AND HER HEIRS AND ASSIGNS SHALL HAVE A RIGHT TO USE THE WELL ON THE BOUNDARY LINE AND SHALL SHARE EXPENSES WITH ADJOINING OWNERS FOR UPKEEP AND OPERATION COSTS. TAX MAP REFERENCE: 26-037A BEING THAT PARCEL OF LAND CONVEYED TO MELISSA ROPER FROM W. MARVIN ENGLISH BY THAT DEED DATED 03/02/1993 AND RECORDED 03/06/1993 IN DEED BOOK 77, AT PAGE 761 OF THE BANKS COUNTY, GA PUBLIC REGISTRY.
(DC8,15,22,29B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from GLADYS DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated June 19, 2006, filed for record July 7, 2006, and recorded in Deed Book 284, Pages 812-815, Banks County, Georgia records (the “Security Deed”); securing that certain Promissory Note from Gladys Duckett to and in favor of Lender dated May 29, 2008 in the original principal sum of FOUR HUNDRED EIGHTY-FOUR THOUSAND THREE HUNDRED FIFTY-FIVE AND 01/100 DOLLARS ($484,355.01) (the “Note”); there will be sold at public outcry by the Federal Deposit Insurance Corporation as Receiver for Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in January 2011, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 448, Golden Hill, Banks County, Georgia, and containing 4.00 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated January 31, 1994, recorded among Banks County, Georgia records in Plat Book 18, Page 132, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a 20-foot drive as shown on the above referenced plat. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST
As Attorney-in-Fact for
Gladys Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by LESA A. DUNCAN and RICHARD N. DUNCAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 27, 2002, and recorded in Deed Book 205, Page 785, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank, by Assignment, securing a Note in the original principal amount of $103,200.00, 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 4, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 208th (Bushvlille) District, GM, Banks County, State of Georgia, containing one and twenty nine hundredths (1.29) acres, and being that same tract or parcel of land shown in a survey and plat drawn by Max Lewalen, Georgia Registered Surveyor No. 2067, dated February 22, 1983 and recorded in Plat Book 9, Page 99, of the Records of the Clerk of Superior Court of Banks County; reference Is hereby made to said plat for a more detailed description of the herein conveyed property. Grantor does further along a certain dirt driveway to the above described property, which said driveway is shown on the plat aforesaid. This being a part of parcel of that same tract or parcel of land conveyed by Warranty Deed from Hoyt Duncan to Paul Duncan dated August 28, 1970 and recorded in Deed Book W, Page 438 of the Records of the Clerk, aforesaid. This also being a part or parcel of that same tract or parcel of and conveyed by Warranty Deed from Hershel Satterfleid to Hoyt Duncan, dated February 18, 1953, and recorded in Deed Book FF, Page 155, of that same tract or parcel of land conveyed by Warranty Deed from James L. McDonald to Hershal Satterfield dated August 13, 1948, and recorded in Deed Book CC, Page 59 of the records of the Clerk, aforesaid.
Said property is known as 275 McDonald Circle, Commerce, GA 30529, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Lesa A. Duncan and Richard N. Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Lesa A. Duncan and Richard N. Duncan, 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.
EverBank as Attorney-in-Fact for Lesa A. Duncan and Richard N. Duncan
File no. 10-013591
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/SJ
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BONNIE F. DOWIS and RAY DOWIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean & Whitaker Mortgage Corp., its successors and assigns dated June 9, 2006 in the amount of $144,000.00, and recorded in Deed Book 283, Page 580, Banks County, Georgia Records; as last transferred to Ocwen Loan Servicing, LLC by assignment; the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in January, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 9.56 acres, more or less, as more particularly shown on a plat of survey prepared for Herman Sparks by Piedmont Surveying Company, Registered Surveyor, dated July 31, 1992, recorded in Plat Book 17, Page 248, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Less and Except: That 0.50 acres as more particularly described in that Warranty Deed recorded at Deed Book 202, Page 385, Banks County, Georgia Records.
which has the property address of 628 Wrights Mill Road, COMMERCE, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Bonnie F. Dowis and Ray Dowis and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Bonnie F. Dowis and Ray Dowis
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-18589 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(DC8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from RED HAWK DEVELOPMENT, LLC to UNITED COMMUNITY BANK, dated October 9, 2009, recorded October 29, 2009, in Deed Book 346, Page 563, Banks County, Georgia records, said Security Deed being given to secure a Note from RED HAWK DEVELOPMENT, LLC of even date in the original principal amount of Sixty Five Thousand Four Hundred Twenty Three and 31/100 ($65,423.31) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2011, the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 4.520 acres, more or less, designated as Lot 2, on a plat of survey of Nature?s Walk Subdivision, prepared by Ingram, Lord & Associates, Registered Surveyor, dated august 24, 2004, recorded in Plat book 28, Page 188, in the Office of the clerk of the superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is RED HAWK DEVELOPMENT, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for RED HAWK DEVELOPMENT, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02679
(DC8,15,22,29B/16022-50T1P)
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Notice of Sale
Notice of Sale Under Power
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JACK IRVIN, SR., JACK IRVIN, JR., and MELVIN COLEY to COMMUNITY BANK AND TRUST dated 05/18/2007, and recorded 05/24/2007, in Deed Book 305, Pages 848-850, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley the following described property:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia, containing 100.15 acres, more or less, according to plat of survey prepared by Bartlett & Cash Land Surveyors, Inc., dated April 16, 2007, said plat being recorded among Banks County, Georgia Records in Plat Book 31, at Page 55, reference being made to said plat for a more complete description of the tract herein described and conveyed.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 1464th G.M.D. of Banks County, Georgia and being designated as Tract 3, containing 10.85 acres as shown in that Quit Claim Deed recorded 12/03/2007, in Deed Book 316, Pages 786-787, Banks County, Georgia Deed Records.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jack Irvin, Jr. Individually and Jack Irvin Jr., as Executor of the Estate of Jack Irvin Sr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jack Irvin, Sr., Jack Irvin, Jr., and Melvin Coley.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1012
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from KENDRA A. BANKS to COMMUNITY BANK AND TRUST dated 06/07/2007, and recorded 06/08/2007, in Deed Book 307, Pages 50-52, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kendra A. Banks the following described property:
All that tract or parcel of land lying and being in the 912th District, G.M., Banks County, Georgia, and being that 10.02 acres, more or less, designated as Tract 3 on plat of survey prepared for Patsy G. Smith, Roy S. Gardiner and Barbara B. Banks by Max Lewallen, Registered Surveyor, dated June 20, 1985, recorded in Plat Book 10, Page 195, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 20 foot ingress-egress easement from county paved road to subject property as more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Kendra A. Banks or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-fact for Kendra A. Banks.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227 F11 1026
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1029
(DC8,15,22,29B/19761-50T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A.as Attorney-in-fact for Richard Huss.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F11 1030
(DC8,15,22,29B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of the default in the payment of note executed by VIRGIL E. LOVELL to BANK OF HIAWASSEE in the original principal amount of $1,001,479.00, dated August 18, 2009, secured by a Deed to Secure Debt from VIRGIL E. LOVELL to BANK OF HIAWASSEE dated August 10, 2004, recorded in Deed Book 243, page 91-98, Banks County Georgia Deed Records, and the Modification of the Deed to Secure Debt dated January 2, 2007, recorded in Deed Book 298, pages 601-602, Banks County Georgia Deed Records, the Deed to Secure Debt subsequently assigned to Citizens South Bank, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in January, 2011, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
All that tract or parcel of land lying and being in 1580th and 448th GMD of Banks County, Georgia, being shown and designated as Lot 8, containing 0.814 acres, more or less, of Phase 3 of Apple Pie Ridge, as shown on a plat of survey prepared by Eddie Davidson, R.S., under date of March 30, 2006, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, page 55 to which said plat and the record thereof reference is hereby made for a more complete description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF HIAWASSEE, a Division of Citizens South Bank, 20 Main Street, P.O. Box 68, Hiawassee, Georgia 30546. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Virgil E. Lovell, and said property will be sold as the property of Virgil E. Lovell. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ALL INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE.
CITIZENS SOUTH BANK, as successor in interest to, and assignee of The Federal Deposit Insurance Corporation as Receiver for Bank of Hiawassee As attorney in fact for VIRGIL E. LOVELL
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(DC8,15,22,29B/886-70T1)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from TORA PIERCE f/k/a TORA LYNN CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 17, 2009, in Deed Book 347, Pages 693-696, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Tora Pierce f/k/a Tora Lynn Caudell the following described property:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing 1.75 acres, more or less, as shown on a certain Plat of Survey prepared by Hubert Lovell, RLS, dated June 9, 1993 and being recorded among Banks County, Georgia Records in Plat Book 18, Page 66, reference to said plat is being made for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tora Pierce f/k/a Tora Lynn Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Tora Pierce f/k/a Tora Lynn Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST dated December 4, 2009, recorded December 14, 2009, in Deed Book 347, Pages 627-631, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Bobby Joe Caudell the following described property:
All that tract of parcel of land lying and being in Land Lot No. 185 of the 10th Land District, Banks County, Georgia, known and distinguished as Lots Nos. 27, 28, 29 and 30, and being more fully described as follows:
BEGINNING at an IPF on the eastern side of Chatham Street, joining lands owned, now or formerly, by Knox Sigers; thence in an easterly direction 150 feet to an iron pin corner on the western side of Landrum Street, joining lands owned, now or formerly, by Knox Sigers; thence in a southerly direction with the western side of Landrum Street, 229 feet to an iron pin corner, joining lands owned, now or formerly, by Harry Purvis; thence in a westerly direction 150 feet to an iron pin corner on the eastern side of Chatham Street joining lands owned now or formerly, by Harry Purvis; thence in a northerly direction on the eastern side of Chatham Street to the beginning point.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By Virtue of Power of Sale contained in Security Deed from SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS to DAVID C. JONES, JR., dated August 31, 2007, which deed is recorded among Banks County, Georgia Records in Deed Book 312, Pages 280–282, said Security Deed being given to secure a note dated August 31, 2007, in the original principal amount of FIVE THOUSAND ($5,000.00) DOLLARS, with interest therein as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Banks County, Georgia within the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in January, the same being January 4, 2011, the following described property:
ALL THAT TRACT or parcel of land containing 8.224 acres, more or less, in the 207th District, G.M., of Banks County, Georgia, and being bounded now or formerly as follows: North by lands of Seabolt; East by East County Line Road; South by Carson Road and West by lands of Mabry, Tract Two (Seabolt) and Seabolts.
Said tract of land being more particularly described according to a plat of survey prepared by W.T. Dunahoo and Associates, Surveyors, on March 23, 1999 for William L. Seabolt. Which said plat is recorded in Plat Book 31, Page 104 of the Public Records of Banks County, Georgia and being described therein as Tract No. One (1) which said plat is incorporated herein as part of this description.
Said property known and designated as 809 EAST COUNTY LINE ROAD, DANIELSVILLE, GEORGIA, 30633, together with all fixtures and personal property attached to or constituting a part of said property if any.
Whereas the note secured by said Security Deed has become in default as to payment of the principal and interest and DAVID C. JONES, JR. has given notice of his intention to foreclose said Security Deed and claims attorney’s fees as provided in said note and Security Deed.
The debt secured by said Security Deed and evidenced by said note, has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, and assessments, lien, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
The property will be sold as the property of SARA NOVALEE SEABOLT f/k/a NOVALEE SEABOLT CHAMBERS, who the best of the undersigned’s knowledge and belief, is the party in possession of said property.
Dated this __ day of __ 2010.
David C. Jones, Jr. as Attorney in fact for Sara Novalee Seabolt.
David C. Jones, Jr.
PO Box 295
Homer, GA 30547
706-677-3080
(DC8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from WARD BROS. CONCRETE, LLC to COMMUNITY BANK AND TRUST dated September 12, 2005, filed October 13, 2005, recorded October 18, 2005, in Deed Book 267, Pages 848-851, as modified by an Additional Loan Agreement dated April 15, 2009, recorded July 31, 2009, in Deed Book 343, Page 399, both in the Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in January, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ward Bros. Concrete, LLC the following described property:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 12.28 acres as shown on a survey for Banks Co. Board of Commissioners, dated August 2, 2005, prepared by Max Lewallen, Georgia Registered Land Surveyor, and being more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING, begin at an iron pin found, said iron pin located 1239.7 feet along the eastern right of way of the Norfolk Southern Railroad (200’ right of way) from the right of way intersection with the eastern right of way of Yonah Homer Road (80’ right of way); thence South 58°52’15” East 60.55 feet to an iron pin set and the TRUE POINT OF BEGINNING; thence a curve having an arc distance of 488.72 feet, a radius of 5531.37 feet, being subtended by a chord bearing a distance of North 41°26’35” East 488.56 feet to an iron pin set; thence South 30°43’25” East 100.00 feet to an iron pin set; thence 44°45’05” East 150.00 feet to an iron pin set; thence South 30°43’25” East 429.63 feet to an iron pin found; thence South 29°30’25” East 787.28 feet to an iron pin found; thence South 30°17’15” East 208.26 feet to an iron pin found; thence South 51°42’35” West 377.23 feet to an iron pin found; thence North 38°07’45” West 546.09 feet to an iron pin found; thence North 37°25’15” East 172.84 feet to an iron pin found; thence North 03°46’00” East 322.16 feet to an iron pin found; thence North75°53’00” West 281.51 feet to an iron pin set; thence North 68°22’30” West 161.58 feet to an iron pin found; thence South 60°23’50” West 91.90 feet to an iron pin found; thence North 58°52’15” West 213.03 feet to the TRUE POINT OF BEGINNING.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Ward Bros. Concrete, LLC or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ward Bros. Concrete, LLC.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(DC8,15,22,29P4)
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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 MIGUEL A. TORRES and GRACIELA DE TORRES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 27, 2003, and recorded in Deed Book 226, Page 422, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment , securing a Note in the original principal amount of $91,650.00, 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 4, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 66, 9TH DISTRICT, TOWN OF BELTON, BANKS COUNTY, GEORGIA, AND BEING LOTS THREE (3) AND FOUR (4) IN BLOCK TWELVE (12) AS PER PLAT MADE BY L.Y. SAGE, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
FRONTING ON THE SOUTHERN RAILWAY ONE HUNDRED (100) FEET, AND RUNNING BACK AND ALONG 7TH STREET TWO HUNDRED (200) FEET TO HAMPTON STREET, AT RIGHT ANGLES OF EVEN WIDTH, THESE TWO LOTS MAKING A TOTAL LOT, 100 FT. X 200 FT., AND BEING PART OF LAND LOT 66, 9TH LAND DISTRICT OF ORIGINAL HALL BUT NOW BANKS COUNTY, GEORGIA.THIS SAME BEING KNOWN AS PARCEL OF LAND OR LOTS OF LAND DEEDED TO SAID WALTER CHAMBERS BY MRS. W.H. QUILLIAN, (SOLE HEIR AT LAW OF MRS. S.P. WILLIAMS), AND RECORDED IN DEED BOOK 53, PAGE 295, BANKS COUNTY, GEORGIA DEED RECORDS.
BEING THE SAME PROPERTY CONVEYED TO MIGUEL A. TORRES AND GRACIELA DE TORRES BY DEED FROM MARGARET CHAMBERS, RECORDED 06/07/2001 IN DEED BOOK 173, PAGE 377.
Said property is known as 186 Railroad Avenue, 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 Miguel A. Torres and Graciela De Torres, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Graciela De Torres and Miguel A. Torres, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, NA as Attorney-in-Fact for Miguel A. Torres and Graciela De Torres
File no. 09-012822
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(DC8,15,22,29B/1323-70T1P)
[Full Story »]
Banks County Public Records 12-01-10
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ARTHUR GREEN to BAYROCK MORTGAGE CORPORATION dated March 30, 2005, in the amount of $205,200.00, and recorded in Deed Book 256, Page 410, Banks County, Georgia Records; as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 by assignment; the undersigned, Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, tract, or parcel of land together with improvements thereon, lying and being in GMD 265 of Banks County, Georgia, and being 8 acres, more or less, on Ervin Chambers Road as shown on that plat of survey recorded in Plat Book B, Page 148 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. This is the same property conveyed by Quit Claim Deed to Sybil Powell Tarpley dated November 21, 1997, and recorded in Deed Book 122, Page 618 of the Banks County, Georgia Deed Records.
Said property is conveyed subject to all easements, covenants and restrictions of record, if any.
which has the property address of 1189 Ervin Chambers Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Arthur Green and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 Attorney in Fact for Arthur Green
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12294 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 and as modified by that certain Loan Modification Agreement recorded in Deed Book 341, Page 803, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 335, Page 495, 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 December, 2010, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love, Juanita Elise Rylee, Christopher Steven 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
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rnf 12/7/10 Our file no. 11805608-FT19
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RAY SHONHOR and VANESSA SHONHOR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. acting soley as nominee for United Community Mortgage Services, Inc., dated November 25, 2008, recorded in Deed Book 333, Page 675, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($209,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.025 acres, more or less, designated as Lot 10, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, registered surveyor, dated August 7, 2004, recorded in Plat Book E, Page 82, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Ray Shonhor and Vanessa Shonhor or a tenant or tenants and said property is more commonly known as 118 Manor Place, 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. Chase Home Finance LLC as Attorney in Fact for Ray Shonhor and Vanessa Shonhor
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/hq1 12/7/10 Our file no. 1650510-FT3
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by KEITH E. DUNCAN to REGIONS BANK DBA REGIONS MORTGAGE dated July 22, 2003, and recorded in Deed Book 219, Page 264, Banks County Records, securing a Note in the original principal amount of $155,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 3.831 acres, more or less, as more particularly shown on a plat of survey prepared for David & Angela Wilson by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 85, 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: All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia and being that 1.541 acres, more or less, designated as Lot No. 20 of Silver Shoals Estate Subdivision, as more particularly shown on a plat of survey prepared for Thomas Westmoreland by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 86, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 943 Yonah Homer Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Keith E Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Keith E. Duncan, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Keith E. Duncan
File no. 10-010488
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(NO10,14,4,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006 in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment; the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4, Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV10,14,24,DC1B/1325-80)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by TAMORA B. BLACK to WASHINGTON MUTUAL BANK, FA dated August 4, 2004 in the amount of $340,800.00, and recorded in Deed Book 243, Page 377, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th District, Banks County, Georgia, and being Lot 1, windy Knoll Estates, containing 1.554 Acres, more or less, as per Plat of Survey prepared by for by J.R. Holland, R.S., dated 02/11/1992, recorded in Plat Book 17, Page 221, of the Public Records of Banks County, Georgia, which plat is hereby referred to and made a part hereof by reference. Note: The above described property is conveyed subject to protect covenants imposed by an Instrument dated September 13, 1985, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 35, Page 362.
which has the property address of 162 Sterling Drive, 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 Tamora B. Black and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association, Attorney in Fact for Tamora B. Black
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08510 /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.
(NV10,14,24,DC1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated June 5, 2007, from JEWELL BARROW a/k/a JEWELL K. BARROW and CARLOS BARROW a/k/a CARLOS M. BARROW to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for INDYMAC BANK, F.S.B., a Federally Chartered Savings Bank, recorded on June 8, 2007 in Deed Book 307 at Page 55, in the office of the Clerk of the Superior Court of County Banks, Georgia, and said Deed to Secure Debt having been given to secure a note dated June 5, 2007, in the amount of $167,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 1, Phase 6, Apple Pie Ridge Subdivision, containing 2.700 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2006, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 110, to which said plat and the record thereof, reference is hereby made for a more complete description.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law.
To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow. The property, being commonly known as 601 Apple Pie Ridge Rd., Baldwin, GA 30511 in Banks County, will be sold as the property of Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for IndyMac Venture, LLC as Attorney in Fact for Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow
100 Galleria Parkway, Suite 960
Atlanta, GA 30339 Phone: (866) 690-0418
ASAP# 3787560
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated March 5, 1998, from JILL WOLFE-JOHNSON to FREEPORT FINANCIAL GROUP, INC., recorded on April 30, 1998, in Deed Book 128 at Page 95, in the office of the Clerk of the Superior Court of Banks County, Georgia, and said Deed to Secure Debt having been given to secure a note dated March 5, 1998, in the amount of $29,450.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 465th GMD of the Banks County, Georgia, being Lot 7 River Run Estates, as per plat recorded in Plat Book 13, Page 99, Banks County, Georgia Records, which plat is incorporated herein by reference.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees.
Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jill Wolfe-Johnson. The property, being commonly known as Lot #7 Water Plant Road, Commerce, GA 30529 in Banks County, will be sold as the property of Jill Wolfe-Johnson, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for OneWest Bank, FSB as Attorney in Fact for Jill Wolfe-Johnson
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (866) 690-0418
ASAP# 3790718
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CATHY B. RUSSELL to REGIONS MORTGAGE, INC., dated March 20, 2003, and recorded in Deed Book 220, Page 721, Banks County Records, securing a Note in the original principal amount of $72,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being Lot 1 of the Pine Ridge Subdivision as shown on plat of survey for Claude Harold Russell and Cathy Russell, dated August 8, 1995, prepared by Patton-Patton, Inc., Georgia Registered Land Surveyor, and being more particularly described as follows:
Beginning at an iron pin point at the intersection of the eastern right of way of Tallant Drive (50 foot right of way) and the northern right of way of Main Street (60 foot right of way); thence running north 28 degrees 02 minutes 00 seconds west, along the eastern right of way of Tallent Drive, a distance of 125.03 feet, to an iron pin; thence running north 59 degrees 55 minutes 00 seconds east, a distance of 120.46 feet, to an iron pin; thence running south 28 degrees 02 minutes 00 seconds east, a distance of 69.98 feet, to an iron pin; thence running south 04 degrees 24 minutes 54 seconds west, a distance of 74.79 feet, to an iron pin on the northern right of way of Main Street; thence running south 64 degrees 38 minutes 00 seconds west along said right of way, a distance of 80.34 feet, to an iron pin, the place or point of beginning.
Said property is known as 6704 Tallent Drive, 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 Cathy B. Russell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Cathy B. Russell aka Cathy Brown Russell, 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 Cathy B. Russell
File no. 10-008260
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV10,17,24,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JERRY MEALOR to COMMUNITY BANK AND TRUST dated 05/31/2007, and recorded 06/04/2007, in Deed Book 306, Pages 576-578, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jerry Mealor 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 7.26 acres, more or less, as more particularly shown on a plat of survey prepared for Richard Huss & Ruby I. Huss by Max Lewallen, Registered Surveyor, dated November 29, 1993, and recorded in Plat Book 18, Page 156, 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.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeff Adams or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jerry Mealor.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F10-1066
(NV10,17,24,DC1B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks
and Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by WILLIAM MCCONNELL to WELLS FARGO BANK, N.A. dated November 10, 2006, in the amount of $481,500.00, and recorded in Deed Book 46-L, Pages 404-425, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 by assignment, the undersigned, U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 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 December, 2010, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
A certain tract or parcel of land in Jackson County, in the State of Georgia, described as follows: Tract One: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 10.00 acres, more or less, as shown on recorded Plat Book E, Page 90, Banks County records, and in Plat Book 64, Page 133, Jackson County records, which is incorporated herein by reference hereto, being known as 872 Mangum Bridge Road, Maysville, Georgia 30558, according to the present numbering of houses in Banks and Jackson Counties. Tract Two: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 12.114 acres, more or less as shown on recorded in Plat Book E, Page 90, Banks County Records, and in Plat Book 64, Page 183, Jackson County records, which is incorporated herein by reference hereto.
which has the property address of 872 Mangum Bridge Road, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of William McConnell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 Attorney in Fact for William McConnell
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12343 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt With Power of Sale from DEDRICK DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 24, 2007, filed for record May 9, 2007, and recorded in Deed Book 304, Pages 820-821, Banks County, Georgia Records (the “Security Deed”); securing that certain Promissory Note from Dedrick Duckett to and in favor of Community Bank & Trust dated July 30, 2008 in the original principal sum of TWO HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED SIXTY-SIX AND 94/100 DOLLARS ($224,666.94) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia designated as Lot 4, containing 2.009 acres, more or less, as shown on a plat of survey prepared for Gladys T. Duckett by G. Brian Slate, S.S., under date of September 21, 2005, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia in Plat Book G, Page 11, to which said plat and the record thereof reference is made for a more complete description.
Together with a non-exclusive easement for ingress and egress over and across Lots 1,2 and 5 via the course of a 30 foot ingress-egress easement, private drive and via the course of a 20 foot ingress-egress Easement leading to Apple Pie Ridge Road, a country road, as shown on the plat referred to above. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Dedrick Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia Records (the “Security Deed”); as modified by Modification to Loan Agreement dated April 4, 2005, recorded in Deed Book 271, Page 362, aforesaid records; as further modified by Modification to Loan Agreement dated August 7, 2006, recorded in Deed Book 288, Page 815, aforesaid records; as further modified by Modification to Loan Agreement dated October 30, 2006, recorded in Deed Book 299, Page 553, aforesaid records, and as further modified by Modification to Loan Agreement dated January 26, 2009, recorded in Deed Book 337, Page 594, securing that certain Promissory Note from GLADYS T. DUCKETT to and in favor of COMMUNITY BANK & TRUST dated April 5 2002, in the original principal sum of ONE HUNDRED TWENTY-EIGHT THOUSAND SEVENTY-SIX AND 33/100 DOLLARS ($128,076.33), modified to reflect a principal sum of FIVE HUNDRED THIRTY-EIGHT THOUSAND FIVE HUNDRED SEVENTEEN AND 25/00 DOLLARS ($538,517.25) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Gladys Duckett aka Gladys T. Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,25,DC1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JEFFREY D. SLATON and LORI W. SLATON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2004, recorded in Deed Book 241, Page 569, 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 ONE HUNDRED SEVENTY-NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($179,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey D. Slaton and Lori W. Slaton or a tenant or tenants and said property is more commonly known as 343 Christmas Tree 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.
Wells Fargo Bank, NA as Attorney in Fact for Jeffrey D. Slaton and Lori W. Slaton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jj9 12/7/10
Our file no. 53008310-FT12
EXHIBIT “A”
All that tract or parcel of land lying and being in the 284th G.M.D. of Banks County, Georgia, consisting of 2.00 acres, all as more fully shown on a plat of survey prepared by Max Lewallen, Georgia Registered No. 2067, dated June 1, 1993, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 18, Folio 19, said plat and the record thereof is incorporated herein for a more complete description. Also conveyed: An easement and right of ingress and egress for driveway purposes running from County Dirt Road No. 103, across the property Jeffery D. Slaton, to the property of Jeffery D. Slaton and Lori W. Slaton, all as more fully shown as “CONCRETE DRIVE” on the above referenced plat of survey, along with the right, privilege, and easement to go in and upon said tract or land at all times hereafter for the purpose of maintenance or upkeep.
(NV10,17,24,DC1B/19698-70T1P)
[Full Story »]
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 ARTHUR GREEN to BAYROCK MORTGAGE CORPORATION dated March 30, 2005, in the amount of $205,200.00, and recorded in Deed Book 256, Page 410, Banks County, Georgia Records; as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 by assignment; the undersigned, Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, tract, or parcel of land together with improvements thereon, lying and being in GMD 265 of Banks County, Georgia, and being 8 acres, more or less, on Ervin Chambers Road as shown on that plat of survey recorded in Plat Book B, Page 148 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. This is the same property conveyed by Quit Claim Deed to Sybil Powell Tarpley dated November 21, 1997, and recorded in Deed Book 122, Page 618 of the Banks County, Georgia Deed Records.
Said property is conveyed subject to all easements, covenants and restrictions of record, if any.
which has the property address of 1189 Ervin Chambers Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Arthur Green and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 Attorney in Fact for Arthur Green
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12294 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 and as modified by that certain Loan Modification Agreement recorded in Deed Book 341, Page 803, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 335, Page 495, 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 December, 2010, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love, Juanita Elise Rylee, Christopher Steven 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
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rnf 12/7/10 Our file no. 11805608-FT19
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RAY SHONHOR and VANESSA SHONHOR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. acting soley as nominee for United Community Mortgage Services, Inc., dated November 25, 2008, recorded in Deed Book 333, Page 675, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($209,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.025 acres, more or less, designated as Lot 10, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, registered surveyor, dated August 7, 2004, recorded in Plat Book E, Page 82, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Ray Shonhor and Vanessa Shonhor or a tenant or tenants and said property is more commonly known as 118 Manor Place, 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. Chase Home Finance LLC as Attorney in Fact for Ray Shonhor and Vanessa Shonhor
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/hq1 12/7/10 Our file no. 1650510-FT3
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by KEITH E. DUNCAN to REGIONS BANK DBA REGIONS MORTGAGE dated July 22, 2003, and recorded in Deed Book 219, Page 264, Banks County Records, securing a Note in the original principal amount of $155,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 3.831 acres, more or less, as more particularly shown on a plat of survey prepared for David & Angela Wilson by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 85, 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: All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia and being that 1.541 acres, more or less, designated as Lot No. 20 of Silver Shoals Estate Subdivision, as more particularly shown on a plat of survey prepared for Thomas Westmoreland by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 86, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 943 Yonah Homer Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Keith E Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Keith E. Duncan, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Keith E. Duncan
File no. 10-010488
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(NO10,14,4,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006 in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment; the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4, Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV10,14,24,DC1B/1325-80)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by TAMORA B. BLACK to WASHINGTON MUTUAL BANK, FA dated August 4, 2004 in the amount of $340,800.00, and recorded in Deed Book 243, Page 377, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th District, Banks County, Georgia, and being Lot 1, windy Knoll Estates, containing 1.554 Acres, more or less, as per Plat of Survey prepared by for by J.R. Holland, R.S., dated 02/11/1992, recorded in Plat Book 17, Page 221, of the Public Records of Banks County, Georgia, which plat is hereby referred to and made a part hereof by reference. Note: The above described property is conveyed subject to protect covenants imposed by an Instrument dated September 13, 1985, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 35, Page 362.
which has the property address of 162 Sterling Drive, 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 Tamora B. Black and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association, Attorney in Fact for Tamora B. Black
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08510 /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.
(NV10,14,24,DC1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated June 5, 2007, from JEWELL BARROW a/k/a JEWELL K. BARROW and CARLOS BARROW a/k/a CARLOS M. BARROW to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for INDYMAC BANK, F.S.B., a Federally Chartered Savings Bank, recorded on June 8, 2007 in Deed Book 307 at Page 55, in the office of the Clerk of the Superior Court of County Banks, Georgia, and said Deed to Secure Debt having been given to secure a note dated June 5, 2007, in the amount of $167,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 1, Phase 6, Apple Pie Ridge Subdivision, containing 2.700 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2006, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 110, to which said plat and the record thereof, reference is hereby made for a more complete description.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law.
To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow. The property, being commonly known as 601 Apple Pie Ridge Rd., Baldwin, GA 30511 in Banks County, will be sold as the property of Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for IndyMac Venture, LLC as Attorney in Fact for Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow
100 Galleria Parkway, Suite 960
Atlanta, GA 30339 Phone: (866) 690-0418
ASAP# 3787560
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated March 5, 1998, from JILL WOLFE-JOHNSON to FREEPORT FINANCIAL GROUP, INC., recorded on April 30, 1998, in Deed Book 128 at Page 95, in the office of the Clerk of the Superior Court of Banks County, Georgia, and said Deed to Secure Debt having been given to secure a note dated March 5, 1998, in the amount of $29,450.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 465th GMD of the Banks County, Georgia, being Lot 7 River Run Estates, as per plat recorded in Plat Book 13, Page 99, Banks County, Georgia Records, which plat is incorporated herein by reference.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees.
Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jill Wolfe-Johnson. The property, being commonly known as Lot #7 Water Plant Road, Commerce, GA 30529 in Banks County, will be sold as the property of Jill Wolfe-Johnson, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for OneWest Bank, FSB as Attorney in Fact for Jill Wolfe-Johnson
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (866) 690-0418
ASAP# 3790718
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CATHY B. RUSSELL to REGIONS MORTGAGE, INC., dated March 20, 2003, and recorded in Deed Book 220, Page 721, Banks County Records, securing a Note in the original principal amount of $72,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being Lot 1 of the Pine Ridge Subdivision as shown on plat of survey for Claude Harold Russell and Cathy Russell, dated August 8, 1995, prepared by Patton-Patton, Inc., Georgia Registered Land Surveyor, and being more particularly described as follows:
Beginning at an iron pin point at the intersection of the eastern right of way of Tallant Drive (50 foot right of way) and the northern right of way of Main Street (60 foot right of way); thence running north 28 degrees 02 minutes 00 seconds west, along the eastern right of way of Tallent Drive, a distance of 125.03 feet, to an iron pin; thence running north 59 degrees 55 minutes 00 seconds east, a distance of 120.46 feet, to an iron pin; thence running south 28 degrees 02 minutes 00 seconds east, a distance of 69.98 feet, to an iron pin; thence running south 04 degrees 24 minutes 54 seconds west, a distance of 74.79 feet, to an iron pin on the northern right of way of Main Street; thence running south 64 degrees 38 minutes 00 seconds west along said right of way, a distance of 80.34 feet, to an iron pin, the place or point of beginning.
Said property is known as 6704 Tallent Drive, 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 Cathy B. Russell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Cathy B. Russell aka Cathy Brown Russell, 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 Cathy B. Russell
File no. 10-008260
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV10,17,24,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JERRY MEALOR to COMMUNITY BANK AND TRUST dated 05/31/2007, and recorded 06/04/2007, in Deed Book 306, Pages 576-578, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jerry Mealor 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 7.26 acres, more or less, as more particularly shown on a plat of survey prepared for Richard Huss & Ruby I. Huss by Max Lewallen, Registered Surveyor, dated November 29, 1993, and recorded in Plat Book 18, Page 156, 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.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeff Adams or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jerry Mealor.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F10-1066
(NV10,17,24,DC1B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks
and Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by WILLIAM MCCONNELL to WELLS FARGO BANK, N.A. dated November 10, 2006, in the amount of $481,500.00, and recorded in Deed Book 46-L, Pages 404-425, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 by assignment, the undersigned, U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 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 December, 2010, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
A certain tract or parcel of land in Jackson County, in the State of Georgia, described as follows: Tract One: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 10.00 acres, more or less, as shown on recorded Plat Book E, Page 90, Banks County records, and in Plat Book 64, Page 133, Jackson County records, which is incorporated herein by reference hereto, being known as 872 Mangum Bridge Road, Maysville, Georgia 30558, according to the present numbering of houses in Banks and Jackson Counties. Tract Two: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 12.114 acres, more or less as shown on recorded in Plat Book E, Page 90, Banks County Records, and in Plat Book 64, Page 183, Jackson County records, which is incorporated herein by reference hereto.
which has the property address of 872 Mangum Bridge Road, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of William McConnell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 Attorney in Fact for William McConnell
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12343 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt With Power of Sale from DEDRICK DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 24, 2007, filed for record May 9, 2007, and recorded in Deed Book 304, Pages 820-821, Banks County, Georgia Records (the “Security Deed”); securing that certain Promissory Note from Dedrick Duckett to and in favor of Community Bank & Trust dated July 30, 2008 in the original principal sum of TWO HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED SIXTY-SIX AND 94/100 DOLLARS ($224,666.94) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia designated as Lot 4, containing 2.009 acres, more or less, as shown on a plat of survey prepared for Gladys T. Duckett by G. Brian Slate, S.S., under date of September 21, 2005, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia in Plat Book G, Page 11, to which said plat and the record thereof reference is made for a more complete description.
Together with a non-exclusive easement for ingress and egress over and across Lots 1,2 and 5 via the course of a 30 foot ingress-egress easement, private drive and via the course of a 20 foot ingress-egress Easement leading to Apple Pie Ridge Road, a country road, as shown on the plat referred to above. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Dedrick Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia Records (the “Security Deed”); as modified by Modification to Loan Agreement dated April 4, 2005, recorded in Deed Book 271, Page 362, aforesaid records; as further modified by Modification to Loan Agreement dated August 7, 2006, recorded in Deed Book 288, Page 815, aforesaid records; as further modified by Modification to Loan Agreement dated October 30, 2006, recorded in Deed Book 299, Page 553, aforesaid records, and as further modified by Modification to Loan Agreement dated January 26, 2009, recorded in Deed Book 337, Page 594, securing that certain Promissory Note from GLADYS T. DUCKETT to and in favor of COMMUNITY BANK & TRUST dated April 5 2002, in the original principal sum of ONE HUNDRED TWENTY-EIGHT THOUSAND SEVENTY-SIX AND 33/100 DOLLARS ($128,076.33), modified to reflect a principal sum of FIVE HUNDRED THIRTY-EIGHT THOUSAND FIVE HUNDRED SEVENTEEN AND 25/00 DOLLARS ($538,517.25) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Gladys Duckett aka Gladys T. Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,25,DC1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JEFFREY D. SLATON and LORI W. SLATON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2004, recorded in Deed Book 241, Page 569, 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 ONE HUNDRED SEVENTY-NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($179,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey D. Slaton and Lori W. Slaton or a tenant or tenants and said property is more commonly known as 343 Christmas Tree 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.
Wells Fargo Bank, NA as Attorney in Fact for Jeffrey D. Slaton and Lori W. Slaton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jj9 12/7/10
Our file no. 53008310-FT12
EXHIBIT “A”
All that tract or parcel of land lying and being in the 284th G.M.D. of Banks County, Georgia, consisting of 2.00 acres, all as more fully shown on a plat of survey prepared by Max Lewallen, Georgia Registered No. 2067, dated June 1, 1993, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 18, Folio 19, said plat and the record thereof is incorporated herein for a more complete description. Also conveyed: An easement and right of ingress and egress for driveway purposes running from County Dirt Road No. 103, across the property Jeffery D. Slaton, to the property of Jeffery D. Slaton and Lori W. Slaton, all as more fully shown as “CONCRETE DRIVE” on the above referenced plat of survey, along with the right, privilege, and easement to go in and upon said tract or land at all times hereafter for the purpose of maintenance or upkeep.
(NV10,17,24,DC1B/19698-70T1P)
[Full Story »]
Banks County Public Records 11-24-10
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ARTHUR GREEN to BAYROCK MORTGAGE CORPORATION dated March 30, 2005, in the amount of $205,200.00, and recorded in Deed Book 256, Page 410, Banks County, Georgia Records; as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 by assignment; the undersigned, Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, tract, or parcel of land together with improvements thereon, lying and being in GMD 265 of Banks County, Georgia, and being 8 acres, more or less, on Ervin Chambers Road as shown on that plat of survey recorded in Plat Book B, Page 148 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. This is the same property conveyed by Quit Claim Deed to Sybil Powell Tarpley dated November 21, 1997, and recorded in Deed Book 122, Page 618 of the Banks County, Georgia Deed Records.
Said property is conveyed subject to all easements, covenants and restrictions of record, if any.
which has the property address of 1189 Ervin Chambers Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Arthur Green and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 Attorney in Fact for Arthur Green
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12294 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 and as modified by that certain Loan Modification Agreement recorded in Deed Book 341, Page 803, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 335, Page 495, 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 December, 2010, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love, Juanita Elise Rylee, Christopher Steven 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
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rnf 12/7/10 Our file no. 11805608-FT19
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RAY SHONHOR and VANESSA SHONHOR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. acting soley as nominee for United Community Mortgage Services, Inc., dated November 25, 2008, recorded in Deed Book 333, Page 675, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($209,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.025 acres, more or less, designated as Lot 10, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, registered surveyor, dated August 7, 2004, recorded in Plat Book E, Page 82, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Ray Shonhor and Vanessa Shonhor or a tenant or tenants and said property is more commonly known as 118 Manor Place, 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. Chase Home Finance LLC as Attorney in Fact for Ray Shonhor and Vanessa Shonhor
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/hq1 12/7/10 Our file no. 1650510-FT3
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by KEITH E. DUNCAN to REGIONS BANK DBA REGIONS MORTGAGE dated July 22, 2003, and recorded in Deed Book 219, Page 264, Banks County Records, securing a Note in the original principal amount of $155,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 3.831 acres, more or less, as more particularly shown on a plat of survey prepared for David & Angela Wilson by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 85, 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: All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia and being that 1.541 acres, more or less, designated as Lot No. 20 of Silver Shoals Estate Subdivision, as more particularly shown on a plat of survey prepared for Thomas Westmoreland by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 86, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 943 Yonah Homer Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Keith E Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Keith E. Duncan, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Keith E. Duncan
File no. 10-010488
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(NO10,14,4,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006 in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment; the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4, Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV10,14,24,DC1B/1325-80)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by TAMORA B. BLACK to WASHINGTON MUTUAL BANK, FA dated August 4, 2004 in the amount of $340,800.00, and recorded in Deed Book 243, Page 377, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th District, Banks County, Georgia, and being Lot 1, windy Knoll Estates, containing 1.554 Acres, more or less, as per Plat of Survey prepared by for by J.R. Holland, R.S., dated 02/11/1992, recorded in Plat Book 17, Page 221, of the Public Records of Banks County, Georgia, which plat is hereby referred to and made a part hereof by reference. Note: The above described property is conveyed subject to protect covenants imposed by an Instrument dated September 13, 1985, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 35, Page 362.
which has the property address of 162 Sterling Drive, 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 Tamora B. Black and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association, Attorney in Fact for Tamora B. Black
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08510 /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.
(NV10,14,24,DC1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated June 5, 2007, from JEWELL BARROW a/k/a JEWELL K. BARROW and CARLOS BARROW a/k/a CARLOS M. BARROW to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for INDYMAC BANK, F.S.B., a Federally Chartered Savings Bank, recorded on June 8, 2007 in Deed Book 307 at Page 55, in the office of the Clerk of the Superior Court of County Banks, Georgia, and said Deed to Secure Debt having been given to secure a note dated June 5, 2007, in the amount of $167,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 1, Phase 6, Apple Pie Ridge Subdivision, containing 2.700 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2006, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 110, to which said plat and the record thereof, reference is hereby made for a more complete description.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law.
To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow. The property, being commonly known as 601 Apple Pie Ridge Rd., Baldwin, GA 30511 in Banks County, will be sold as the property of Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for IndyMac Venture, LLC as Attorney in Fact for Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow
100 Galleria Parkway, Suite 960
Atlanta, GA 30339 Phone: (866) 690-0418
ASAP# 3787560
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated March 5, 1998, from JILL WOLFE-JOHNSON to FREEPORT FINANCIAL GROUP, INC., recorded on April 30, 1998, in Deed Book 128 at Page 95, in the office of the Clerk of the Superior Court of Banks County, Georgia, and said Deed to Secure Debt having been given to secure a note dated March 5, 1998, in the amount of $29,450.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 465th GMD of the Banks County, Georgia, being Lot 7 River Run Estates, as per plat recorded in Plat Book 13, Page 99, Banks County, Georgia Records, which plat is incorporated herein by reference.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees.
Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jill Wolfe-Johnson. The property, being commonly known as Lot #7 Water Plant Road, Commerce, GA 30529 in Banks County, will be sold as the property of Jill Wolfe-Johnson, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for OneWest Bank, FSB as Attorney in Fact for Jill Wolfe-Johnson
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (866) 690-0418
ASAP# 3790718
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CATHY B. RUSSELL to REGIONS MORTGAGE, INC., dated March 20, 2003, and recorded in Deed Book 220, Page 721, Banks County Records, securing a Note in the original principal amount of $72,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being Lot 1 of the Pine Ridge Subdivision as shown on plat of survey for Claude Harold Russell and Cathy Russell, dated August 8, 1995, prepared by Patton-Patton, Inc., Georgia Registered Land Surveyor, and being more particularly described as follows:
Beginning at an iron pin point at the intersection of the eastern right of way of Tallant Drive (50 foot right of way) and the northern right of way of Main Street (60 foot right of way); thence running north 28 degrees 02 minutes 00 seconds west, along the eastern right of way of Tallent Drive, a distance of 125.03 feet, to an iron pin; thence running north 59 degrees 55 minutes 00 seconds east, a distance of 120.46 feet, to an iron pin; thence running south 28 degrees 02 minutes 00 seconds east, a distance of 69.98 feet, to an iron pin; thence running south 04 degrees 24 minutes 54 seconds west, a distance of 74.79 feet, to an iron pin on the northern right of way of Main Street; thence running south 64 degrees 38 minutes 00 seconds west along said right of way, a distance of 80.34 feet, to an iron pin, the place or point of beginning.
Said property is known as 6704 Tallent Drive, 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 Cathy B. Russell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Cathy B. Russell aka Cathy Brown Russell, 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 Cathy B. Russell
File no. 10-008260
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV10,17,24,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JERRY MEALOR to COMMUNITY BANK AND TRUST dated 05/31/2007, and recorded 06/04/2007, in Deed Book 306, Pages 576-578, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jerry Mealor 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 7.26 acres, more or less, as more particularly shown on a plat of survey prepared for Richard Huss & Ruby I. Huss by Max Lewallen, Registered Surveyor, dated November 29, 1993, and recorded in Plat Book 18, Page 156, 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.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeff Adams or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jerry Mealor.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F10-1066
(NV10,17,24,DC1B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks
and Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by WILLIAM MCCONNELL to WELLS FARGO BANK, N.A. dated November 10, 2006, in the amount of $481,500.00, and recorded in Deed Book 46-L, Pages 404-425, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 by assignment, the undersigned, U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 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 December, 2010, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
A certain tract or parcel of land in Jackson County, in the State of Georgia, described as follows: Tract One: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 10.00 acres, more or less, as shown on recorded Plat Book E, Page 90, Banks County records, and in Plat Book 64, Page 133, Jackson County records, which is incorporated herein by reference hereto, being known as 872 Mangum Bridge Road, Maysville, Georgia 30558, according to the present numbering of houses in Banks and Jackson Counties. Tract Two: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 12.114 acres, more or less as shown on recorded in Plat Book E, Page 90, Banks County Records, and in Plat Book 64, Page 183, Jackson County records, which is incorporated herein by reference hereto.
which has the property address of 872 Mangum Bridge Road, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of William McConnell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 Attorney in Fact for William McConnell
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12343 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt With Power of Sale from DEDRICK DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 24, 2007, filed for record May 9, 2007, and recorded in Deed Book 304, Pages 820-821, Banks County, Georgia Records (the “Security Deed”); securing that certain Promissory Note from Dedrick Duckett to and in favor of Community Bank & Trust dated July 30, 2008 in the original principal sum of TWO HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED SIXTY-SIX AND 94/100 DOLLARS ($224,666.94) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia designated as Lot 4, containing 2.009 acres, more or less, as shown on a plat of survey prepared for Gladys T. Duckett by G. Brian Slate, S.S., under date of September 21, 2005, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia in Plat Book G, Page 11, to which said plat and the record thereof reference is made for a more complete description.
Together with a non-exclusive easement for ingress and egress over and across Lots 1,2 and 5 via the course of a 30 foot ingress-egress easement, private drive and via the course of a 20 foot ingress-egress Easement leading to Apple Pie Ridge Road, a country road, as shown on the plat referred to above. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Dedrick Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia Records (the “Security Deed”); as modified by Modification to Loan Agreement dated April 4, 2005, recorded in Deed Book 271, Page 362, aforesaid records; as further modified by Modification to Loan Agreement dated August 7, 2006, recorded in Deed Book 288, Page 815, aforesaid records; as further modified by Modification to Loan Agreement dated October 30, 2006, recorded in Deed Book 299, Page 553, aforesaid records, and as further modified by Modification to Loan Agreement dated January 26, 2009, recorded in Deed Book 337, Page 594, securing that certain Promissory Note from GLADYS T. DUCKETT to and in favor of COMMUNITY BANK & TRUST dated April 5 2002, in the original principal sum of ONE HUNDRED TWENTY-EIGHT THOUSAND SEVENTY-SIX AND 33/100 DOLLARS ($128,076.33), modified to reflect a principal sum of FIVE HUNDRED THIRTY-EIGHT THOUSAND FIVE HUNDRED SEVENTEEN AND 25/00 DOLLARS ($538,517.25) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Gladys Duckett aka Gladys T. Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,25,DC1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JEFFREY D. SLATON and LORI W. SLATON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2004, recorded in Deed Book 241, Page 569, 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 ONE HUNDRED SEVENTY-NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($179,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey D. Slaton and Lori W. Slaton or a tenant or tenants and said property is more commonly known as 343 Christmas Tree 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.
Wells Fargo Bank, NA as Attorney in Fact for Jeffrey D. Slaton and Lori W. Slaton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jj9 12/7/10
Our file no. 53008310-FT12
EXHIBIT “A”
All that tract or parcel of land lying and being in the 284th G.M.D. of Banks County, Georgia, consisting of 2.00 acres, all as more fully shown on a plat of survey prepared by Max Lewallen, Georgia Registered No. 2067, dated June 1, 1993, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 18, Folio 19, said plat and the record thereof is incorporated herein for a more complete description. Also conveyed: An easement and right of ingress and egress for driveway purposes running from County Dirt Road No. 103, across the property Jeffery D. Slaton, to the property of Jeffery D. Slaton and Lori W. Slaton, all as more fully shown as “CONCRETE DRIVE” on the above referenced plat of survey, along with the right, privilege, and easement to go in and upon said tract or land at all times hereafter for the purpose of maintenance or upkeep.
(NV10,17,24,DC1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
UNDER AND BY VIRTUE of the power of sale contained in that certain Security Deed, dated October 3, 2006, executed and delivered by GRANNY SMITH PROPERTIES, INC. (“Grantor”) to REGIONS BANK (“Lender”), and recorded in Deed Book 290, Page 163, records of Banks County, Georgia (the “Security Deed”), Lender, as Attorney-in-Fact for Grantor, will sell at public outcry, to the highest bidder for cash, before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in December, 2010, the following described property (hereinafter collectively referred to as the “Property”):
ALL THAT tract or parcel of real property, situate, lying and being in the State of Georgia, County of Banks, and more particularly described on Exhibit “A” hereto;
TOGETHER WITH ANY AND ALL of the following: (i) all buildings, structures and improvements now or hereafter located on the real property or on any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, hereditaments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) all rents, revenues, income, issues, royalties, profits and other benefits accruing therefrom, whether now or hereafter due; (iv) all accounts and contract rights now or hereafter arising in connection with any part or parcel thereof or any buildings, structures or improvements now or hereafter located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease now or hereafter affecting the land or any buildings, structures, or improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery and other emblements now or hereafter located thereon or thereunder or on or under any part or parcel thereof; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fittings, fixtures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description whatsoever now or hereafter located thereon, or in or on the buildings, structures and improvements thereon, and used in connection with the operation and maintenance thereof, and all additions thereto and replacements thereof; and (viii) all building materials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements now or hereafter located thereon or any part or parcel thereof.
The Property will be sold as the property of Grantor. To the best of the knowledge of Lender, the Property is in the possession of Grantor or those claiming by, through or under Grantor.
The Property will be sold subject to (i) all unpaid taxes and assessments; (ii) all matters that would be disclosed by a current and accurate survey and inspection of the Property; and (iii) all easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is inferior in terms of priority.
The Security Deed secures the indebtedness now evidenced by that certain Promissory Note dated March 19, 2009, made, executed and delivered by Grantor to Lender in the principal amount of $1,076,046.37, which amended and restated that certain Promissory Note dated October 3, 2006, made, executed and delivered by Grantor to Lender (as so amended, the “Note”), together with other indebtedness of Grantor to Lender as more particularly set forth in the Security Deed. The entire indebtedness secured by the Security Deed has matured and/or is in default and has been declared due and immediately payable under the terms of said Note and the Security Deed.
The proceeds of the sale of the Property shall be applied first to the expenses of publication, notice and sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given), and as otherwise provided by the Security Deed.
The undersigned may sell that portion of the above-described property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the above-described property as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent will be given by announcement made at the commencement of the public sale.
REGIONS BANK as Attorney-in-Fact for GRANNY SMITH PROPERTIES, INC.
David J. Burge, Esq.
Smith, Gambrell & Russell, LLP
1230 Peachtree Street
Atlanta, Georgia 30309
(404) 815-3500
EXHIBIT “A”
Legal Description
ALL THAT TRACT OR PARCEL of land lying and being in the 448th and 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 1, containing 1.303 acres, more or less, Lot 2, containing 2.094 acres, more or less, Lot 13, containing 1.633 acres, more or less, and Lot 14, containing 1.130 acres, more or less of Phase 3 of Apple Pie Ridge Subdivision, on a plat of survey prepared by Edwin G. Davidson, RLS., under date of March 30, 2006, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, Page 55, to which said plat and the record thereof reference is hereby made for a more complete description.
TOGETHER WITH a permanent nonexclusive easement for ingress and egress, to and from the above-described property, via the courses of the existing subdivision roads as shown on the plat referred to above.
(NV10,17,24,DC1P4)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ARTHUR GREEN to BAYROCK MORTGAGE CORPORATION dated March 30, 2005, in the amount of $205,200.00, and recorded in Deed Book 256, Page 410, Banks County, Georgia Records; as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 by assignment; the undersigned, Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, tract, or parcel of land together with improvements thereon, lying and being in GMD 265 of Banks County, Georgia, and being 8 acres, more or less, on Ervin Chambers Road as shown on that plat of survey recorded in Plat Book B, Page 148 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. This is the same property conveyed by Quit Claim Deed to Sybil Powell Tarpley dated November 21, 1997, and recorded in Deed Book 122, Page 618 of the Banks County, Georgia Deed Records.
Said property is conveyed subject to all easements, covenants and restrictions of record, if any.
which has the property address of 1189 Ervin Chambers Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Arthur Green and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 Attorney in Fact for Arthur Green
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12294 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 and as modified by that certain Loan Modification Agreement recorded in Deed Book 341, Page 803, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 335, Page 495, 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 December, 2010, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love, Juanita Elise Rylee, Christopher Steven 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
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rnf 12/7/10 Our file no. 11805608-FT19
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RAY SHONHOR and VANESSA SHONHOR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. acting soley as nominee for United Community Mortgage Services, Inc., dated November 25, 2008, recorded in Deed Book 333, Page 675, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($209,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.025 acres, more or less, designated as Lot 10, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, registered surveyor, dated August 7, 2004, recorded in Plat Book E, Page 82, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Ray Shonhor and Vanessa Shonhor or a tenant or tenants and said property is more commonly known as 118 Manor Place, 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. Chase Home Finance LLC as Attorney in Fact for Ray Shonhor and Vanessa Shonhor
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/hq1 12/7/10 Our file no. 1650510-FT3
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by KEITH E. DUNCAN to REGIONS BANK DBA REGIONS MORTGAGE dated July 22, 2003, and recorded in Deed Book 219, Page 264, Banks County Records, securing a Note in the original principal amount of $155,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 3.831 acres, more or less, as more particularly shown on a plat of survey prepared for David & Angela Wilson by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 85, 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: All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia and being that 1.541 acres, more or less, designated as Lot No. 20 of Silver Shoals Estate Subdivision, as more particularly shown on a plat of survey prepared for Thomas Westmoreland by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 86, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 943 Yonah Homer Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Keith E Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Keith E. Duncan, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Keith E. Duncan
File no. 10-010488
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(NO10,14,4,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006 in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment; the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4, Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV10,14,24,DC1B/1325-80)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by TAMORA B. BLACK to WASHINGTON MUTUAL BANK, FA dated August 4, 2004 in the amount of $340,800.00, and recorded in Deed Book 243, Page 377, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th District, Banks County, Georgia, and being Lot 1, windy Knoll Estates, containing 1.554 Acres, more or less, as per Plat of Survey prepared by for by J.R. Holland, R.S., dated 02/11/1992, recorded in Plat Book 17, Page 221, of the Public Records of Banks County, Georgia, which plat is hereby referred to and made a part hereof by reference. Note: The above described property is conveyed subject to protect covenants imposed by an Instrument dated September 13, 1985, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 35, Page 362.
which has the property address of 162 Sterling Drive, 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 Tamora B. Black and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association, Attorney in Fact for Tamora B. Black
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08510 /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.
(NV10,14,24,DC1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated June 5, 2007, from JEWELL BARROW a/k/a JEWELL K. BARROW and CARLOS BARROW a/k/a CARLOS M. BARROW to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for INDYMAC BANK, F.S.B., a Federally Chartered Savings Bank, recorded on June 8, 2007 in Deed Book 307 at Page 55, in the office of the Clerk of the Superior Court of County Banks, Georgia, and said Deed to Secure Debt having been given to secure a note dated June 5, 2007, in the amount of $167,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 1, Phase 6, Apple Pie Ridge Subdivision, containing 2.700 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2006, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 110, to which said plat and the record thereof, reference is hereby made for a more complete description.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law.
To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow. The property, being commonly known as 601 Apple Pie Ridge Rd., Baldwin, GA 30511 in Banks County, will be sold as the property of Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for IndyMac Venture, LLC as Attorney in Fact for Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow
100 Galleria Parkway, Suite 960
Atlanta, GA 30339 Phone: (866) 690-0418
ASAP# 3787560
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated March 5, 1998, from JILL WOLFE-JOHNSON to FREEPORT FINANCIAL GROUP, INC., recorded on April 30, 1998, in Deed Book 128 at Page 95, in the office of the Clerk of the Superior Court of Banks County, Georgia, and said Deed to Secure Debt having been given to secure a note dated March 5, 1998, in the amount of $29,450.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 465th GMD of the Banks County, Georgia, being Lot 7 River Run Estates, as per plat recorded in Plat Book 13, Page 99, Banks County, Georgia Records, which plat is incorporated herein by reference.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees.
Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jill Wolfe-Johnson. The property, being commonly known as Lot #7 Water Plant Road, Commerce, GA 30529 in Banks County, will be sold as the property of Jill Wolfe-Johnson, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for OneWest Bank, FSB as Attorney in Fact for Jill Wolfe-Johnson
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (866) 690-0418
ASAP# 3790718
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CATHY B. RUSSELL to REGIONS MORTGAGE, INC., dated March 20, 2003, and recorded in Deed Book 220, Page 721, Banks County Records, securing a Note in the original principal amount of $72,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being Lot 1 of the Pine Ridge Subdivision as shown on plat of survey for Claude Harold Russell and Cathy Russell, dated August 8, 1995, prepared by Patton-Patton, Inc., Georgia Registered Land Surveyor, and being more particularly described as follows:
Beginning at an iron pin point at the intersection of the eastern right of way of Tallant Drive (50 foot right of way) and the northern right of way of Main Street (60 foot right of way); thence running north 28 degrees 02 minutes 00 seconds west, along the eastern right of way of Tallent Drive, a distance of 125.03 feet, to an iron pin; thence running north 59 degrees 55 minutes 00 seconds east, a distance of 120.46 feet, to an iron pin; thence running south 28 degrees 02 minutes 00 seconds east, a distance of 69.98 feet, to an iron pin; thence running south 04 degrees 24 minutes 54 seconds west, a distance of 74.79 feet, to an iron pin on the northern right of way of Main Street; thence running south 64 degrees 38 minutes 00 seconds west along said right of way, a distance of 80.34 feet, to an iron pin, the place or point of beginning.
Said property is known as 6704 Tallent Drive, 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 Cathy B. Russell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Cathy B. Russell aka Cathy Brown Russell, 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 Cathy B. Russell
File no. 10-008260
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV10,17,24,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JERRY MEALOR to COMMUNITY BANK AND TRUST dated 05/31/2007, and recorded 06/04/2007, in Deed Book 306, Pages 576-578, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jerry Mealor 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 7.26 acres, more or less, as more particularly shown on a plat of survey prepared for Richard Huss & Ruby I. Huss by Max Lewallen, Registered Surveyor, dated November 29, 1993, and recorded in Plat Book 18, Page 156, 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.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeff Adams or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jerry Mealor.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F10-1066
(NV10,17,24,DC1B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks
and Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by WILLIAM MCCONNELL to WELLS FARGO BANK, N.A. dated November 10, 2006, in the amount of $481,500.00, and recorded in Deed Book 46-L, Pages 404-425, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 by assignment, the undersigned, U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 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 December, 2010, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
A certain tract or parcel of land in Jackson County, in the State of Georgia, described as follows: Tract One: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 10.00 acres, more or less, as shown on recorded Plat Book E, Page 90, Banks County records, and in Plat Book 64, Page 133, Jackson County records, which is incorporated herein by reference hereto, being known as 872 Mangum Bridge Road, Maysville, Georgia 30558, according to the present numbering of houses in Banks and Jackson Counties. Tract Two: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 12.114 acres, more or less as shown on recorded in Plat Book E, Page 90, Banks County Records, and in Plat Book 64, Page 183, Jackson County records, which is incorporated herein by reference hereto.
which has the property address of 872 Mangum Bridge Road, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of William McConnell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 Attorney in Fact for William McConnell
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12343 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt With Power of Sale from DEDRICK DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 24, 2007, filed for record May 9, 2007, and recorded in Deed Book 304, Pages 820-821, Banks County, Georgia Records (the “Security Deed”); securing that certain Promissory Note from Dedrick Duckett to and in favor of Community Bank & Trust dated July 30, 2008 in the original principal sum of TWO HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED SIXTY-SIX AND 94/100 DOLLARS ($224,666.94) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia designated as Lot 4, containing 2.009 acres, more or less, as shown on a plat of survey prepared for Gladys T. Duckett by G. Brian Slate, S.S., under date of September 21, 2005, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia in Plat Book G, Page 11, to which said plat and the record thereof reference is made for a more complete description.
Together with a non-exclusive easement for ingress and egress over and across Lots 1,2 and 5 via the course of a 30 foot ingress-egress easement, private drive and via the course of a 20 foot ingress-egress Easement leading to Apple Pie Ridge Road, a country road, as shown on the plat referred to above. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Dedrick Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia Records (the “Security Deed”); as modified by Modification to Loan Agreement dated April 4, 2005, recorded in Deed Book 271, Page 362, aforesaid records; as further modified by Modification to Loan Agreement dated August 7, 2006, recorded in Deed Book 288, Page 815, aforesaid records; as further modified by Modification to Loan Agreement dated October 30, 2006, recorded in Deed Book 299, Page 553, aforesaid records, and as further modified by Modification to Loan Agreement dated January 26, 2009, recorded in Deed Book 337, Page 594, securing that certain Promissory Note from GLADYS T. DUCKETT to and in favor of COMMUNITY BANK & TRUST dated April 5 2002, in the original principal sum of ONE HUNDRED TWENTY-EIGHT THOUSAND SEVENTY-SIX AND 33/100 DOLLARS ($128,076.33), modified to reflect a principal sum of FIVE HUNDRED THIRTY-EIGHT THOUSAND FIVE HUNDRED SEVENTEEN AND 25/00 DOLLARS ($538,517.25) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Gladys Duckett aka Gladys T. Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,25,DC1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JEFFREY D. SLATON and LORI W. SLATON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 13, 2004, recorded in Deed Book 241, Page 569, 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 ONE HUNDRED SEVENTY-NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($179,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey D. Slaton and Lori W. Slaton or a tenant or tenants and said property is more commonly known as 343 Christmas Tree 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.
Wells Fargo Bank, NA as Attorney in Fact for Jeffrey D. Slaton and Lori W. Slaton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jj9 12/7/10
Our file no. 53008310-FT12
EXHIBIT “A”
All that tract or parcel of land lying and being in the 284th G.M.D. of Banks County, Georgia, consisting of 2.00 acres, all as more fully shown on a plat of survey prepared by Max Lewallen, Georgia Registered No. 2067, dated June 1, 1993, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 18, Folio 19, said plat and the record thereof is incorporated herein for a more complete description. Also conveyed: An easement and right of ingress and egress for driveway purposes running from County Dirt Road No. 103, across the property Jeffery D. Slaton, to the property of Jeffery D. Slaton and Lori W. Slaton, all as more fully shown as “CONCRETE DRIVE” on the above referenced plat of survey, along with the right, privilege, and easement to go in and upon said tract or land at all times hereafter for the purpose of maintenance or upkeep.
(NV10,17,24,DC1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
UNDER AND BY VIRTUE of the power of sale contained in that certain Security Deed, dated October 3, 2006, executed and delivered by GRANNY SMITH PROPERTIES, INC. (“Grantor”) to REGIONS BANK (“Lender”), and recorded in Deed Book 290, Page 163, records of Banks County, Georgia (the “Security Deed”), Lender, as Attorney-in-Fact for Grantor, will sell at public outcry, to the highest bidder for cash, before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in December, 2010, the following described property (hereinafter collectively referred to as the “Property”):
ALL THAT tract or parcel of real property, situate, lying and being in the State of Georgia, County of Banks, and more particularly described on Exhibit “A” hereto;
TOGETHER WITH ANY AND ALL of the following: (i) all buildings, structures and improvements now or hereafter located on the real property or on any part or parcel thereof and all fixtures affixed or attached, actually or constructively, thereto; (ii) all and singular the tenements, hereditaments, easements and appurtenances belonging thereunto or in any wise appertaining thereto and the reversion and reversions, remainder or remainders thereof; (iii) all rents, revenues, income, issues, royalties, profits and other benefits accruing therefrom, whether now or hereafter due; (iv) all accounts and contract rights now or hereafter arising in connection with any part or parcel thereof or any buildings, structures or improvements now or hereafter located thereon, including without limitation all accounts and contract rights in and to all leases or undertakings to lease now or hereafter affecting the land or any buildings, structures, or improvements thereon; (v) all minerals, flowers, crops, trees, timber, shrubbery and other emblements now or hereafter located thereon or thereunder or on or under any part or parcel thereof; (vi) all estates, rights, title and interest therein, or in any part or parcel thereof; (vii) all equipment, machinery, apparatus, fittings, fixtures, furniture, furnishings, mobile homes, modular homes and all personal property of every kind or description whatsoever now or hereafter located thereon, or in or on the buildings, structures and improvements thereon, and used in connection with the operation and maintenance thereof, and all additions thereto and replacements thereof; and (viii) all building materials, supplies, goods and equipment delivered thereto and placed thereon for the purpose of being affixed to or installed or incorporated or otherwise used in the buildings, structures or other improvements now or hereafter located thereon or any part or parcel thereof.
The Property will be sold as the property of Grantor. To the best of the knowledge of Lender, the Property is in the possession of Grantor or those claiming by, through or under Grantor.
The Property will be sold subject to (i) all unpaid taxes and assessments; (ii) all matters that would be disclosed by a current and accurate survey and inspection of the Property; and (iii) all easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is inferior in terms of priority.
The Security Deed secures the indebtedness now evidenced by that certain Promissory Note dated March 19, 2009, made, executed and delivered by Grantor to Lender in the principal amount of $1,076,046.37, which amended and restated that certain Promissory Note dated October 3, 2006, made, executed and delivered by Grantor to Lender (as so amended, the “Note”), together with other indebtedness of Grantor to Lender as more particularly set forth in the Security Deed. The entire indebtedness secured by the Security Deed has matured and/or is in default and has been declared due and immediately payable under the terms of said Note and the Security Deed.
The proceeds of the sale of the Property shall be applied first to the expenses of publication, notice and sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given), and as otherwise provided by the Security Deed.
The undersigned may sell that portion of the above-described property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the above-described property as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent will be given by announcement made at the commencement of the public sale.
REGIONS BANK as Attorney-in-Fact for GRANNY SMITH PROPERTIES, INC.
David J. Burge, Esq.
Smith, Gambrell & Russell, LLP
1230 Peachtree Street
Atlanta, Georgia 30309
(404) 815-3500
EXHIBIT “A”
Legal Description
ALL THAT TRACT OR PARCEL of land lying and being in the 448th and 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 1, containing 1.303 acres, more or less, Lot 2, containing 2.094 acres, more or less, Lot 13, containing 1.633 acres, more or less, and Lot 14, containing 1.130 acres, more or less of Phase 3 of Apple Pie Ridge Subdivision, on a plat of survey prepared by Edwin G. Davidson, RLS., under date of March 30, 2006, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book F, Page 55, to which said plat and the record thereof reference is hereby made for a more complete description.
TOGETHER WITH a permanent nonexclusive easement for ingress and egress, to and from the above-described property, via the courses of the existing subdivision roads as shown on the plat referred to above.
(NV10,17,24,DC1P4)
[Full Story »]
Banks County Public Records 11-18-10 pt 2
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 that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of Community Bank & Trust (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia records (the “Security Deed”); as modified by Loan Modification and Forebearance Agreement dated January 28, 2009, recorded in Deed Book 337, Pages 602-610, aforesaid records, securing that certain Promissory Note from DOUGLAS DUCKETT to and in favor of COMMUNITY BANK & TRUST dated June 19, 2008 in the original principal sum of TWO HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED FORTY-ONE AND 90/100 DOLLARS ($1298,941.90) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Douglas Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P1)
gpn20
City of Baldwin
Delinquent Tax Report
2009 and Prior Years
Property Owner at Taxation: Bob Jackson Jr. & Anita Addison
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091 024C
Property Location: 458 Mallard Pond
Taxes Owed by Year: $641.19
Grand Total Due: $641.19
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: N/A
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $4,785.38
Grand Total Due: $16,779.38
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: BB&T
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $7,820.44
Grand Total Due:
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: Century Bank
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $3,498.31
Grand Total Due:
Property Owner at Taxation: Virgil Lovell
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23E 025
Property Location: 0.81 acres on Night Hawk Drive in Apple Pie Ridge SD Ph 3 Lot 8
Taxes Owed by Year: $87.62
Grand Total Due:
Property Owner at Taxation: Granny Smith Properties, Inc- Virgil Lovell
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $587.63
Grand Total Due:
Property Owner at Taxation: Deboray Thomas Black
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22E 010A
Property Location: 305 Banks Ridge Trail
Taxes Owed by Year: $1,503.65
Grand Total Due: $1,503.65
Property Owner at Taxation: Robert C & Joann Carlyle
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 064
Property Location: 1.70 acres at cul-de-sac on Planter’s Knoll in Apple Pie Ridge SD, Ph. 5 Lot 2
Taxes Owed by Year: $99.05
Grand Total Due: $99.05
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 104
Property Location: 401 Baldwin Falls Road
Taxes Owed by Year: $890.12
Grand Total Due: $3,995.45
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091B004
Property Location: 1735 Willingham Avenue
Taxes Owed by Year: $2,111.21
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091D003
Property Location: 1.05 acres at NE corner of Willingham St. & Shore St.
Taxes Owed by Year: $377.72
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091D004
Property Location: 0.15 acres at Willingham & US 441
Taxes Owed by Year: $403.60
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 091D004A
Property Location: 0.29 acres at Willingham & US 441
Taxes Owed by Year: $58.56
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B22B 110
Property Location: 12.16 acres at the end of Hannah Hill Ln.
Taxes Owed by Year: $154.24
Grand Total Due:
Property Owner at Taxation: Tora Lynn Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 067
Property Location: 300 Baldwin Falls Road
Taxes Owed by Year: $347.55
Grand Total Due: $347.55
Property Owner at Taxation: Althea R. Cole Smith
Current Owner: Gaurang & Sandhya Naik
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B23I 036
Property Location: 1.61 acres on Planters Point Drive (AKA Lot #29 Planters Pointe S/D),
Taxes Owed by Year: $90.50
Grand Total Due: $90.50
Property Owner at Taxation: Morgan & Hubert Coton
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091C082
Property Location: 0.42 on old Candy Drive
Taxes Owed by Year: $15.91
Grand Total Due: $15.91
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 019
Property Location: 140 Industrial Blvd.
Taxes Owed by Year: $134.31
Grand Total Due: $768.42
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 038
Property Location: 950 Industrial Blvd.
Taxes Owed by Year: $604.24
Grand Total Due:
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 039
Property Location: 1.55 acres off Industrial Blvd.
Taxes Owed by Year: $29.87
Grand Total Due:
Property Owner at Taxation: Mrs. Vanee G. Galloway
Current Owner: Same
Tax Year: 2006,2007,2009
Tax Type: Real Estate
Map & Parcel ID: B22B 111
Property Location: 2.89 acres on Sunrise Ridge
Taxes Owed by Year: $97.85
Grand Total Due: $97.85
Property Owner at Taxation: Habersham Professional Park Realty Associates, LLC
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 089C007
Property Location: 1.49 acres on Professional Drive
Taxes Owed by Year: $363.14
Grand Total Due: $363.14
Property Owner at Taxation: Robin Haynes
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 091B029
Property Location: 1640 Willingham Avenue
Taxes Owed by Year: $21.51
Grand Total Due: $21.51
Property Owner at Taxation: Heritage Gardens LP
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091B006
Property Location: Heritage Garden Apartments
Taxes Owed by Year: $14,423.06
Grand Total Due: $14,423.06
Property Owner at Taxation: Highland Point Development, LLC
Current Owner: FDIC
Tax Year: 2007 2008
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Highland Point Subdivision
Taxes Owed by Year: $1,666.15
Grand Total Due: $1,666.15
Property Owner at Taxation: Barry A. & Angila H. Kerr
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 083
Property Location: 0.79 acres on Planters Point Drive in Apple Pie Ridge SD Ph 5 Lot 7
Taxes Owed by Year: $99.05
Grand Total Due: $99.05
Property Owner at Taxation: Ezra George McKenzie
Current Owner: BB&T
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 034
Property Location: 1.32 acres on Planters Pointe Ln. in Apple Pie Ridge SD Ph 5 Lot 31
Taxes Owed by Year: $252.25
Grand Total Due: $252.25
Property Owner at Taxation: Carolyn P McNeish
Current Owner: Thomas & Linda Deisel
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 062
Property Location: 0.76 acres on Planters Knoll in Apple Pie Ridge SD Ph 5 Lot 2
Taxes Owed by Year: $104.00
Grand Total Due: $104.00
Property Owner at Taxation: Juan Mier & Ana Briceno
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 088 018
Property Location: 115 Stapleton Drive
Taxes Owed by Year: $333.66
Grand Total Due: $333.66
Property Owner at Taxation: Michael G. & Sandra Moore
Current Owner: Same
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091A025
Property Location: 379 Hwy 441 Bypass
Taxes Owed by Year: $3,587.57
Grand Total Due: $3,587.57
Property Owner at Taxation: Paul & Linda Payne
Current Owner: Same
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B33 037
Property Location: 125 Ridge Circle
Taxes Owed by Year: $590.12
Grand Total Due: $590.12
Property Owner at Taxation: Mathew J. Plaisted
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 125
Property Location: 0.78 acres on US 441 (Old Vet Bldg)
Taxes Owed by Year: $470.26
Grand Total Due: $470.26
Property Owner at Taxation: Terry L. Poole
Current Owner: Same
Tax Year: 2005 2006 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 090 052 1
Property Location: 668 City Park Drive
Taxes Owed by Year: $598.41
Grand Total Due: $639.15
Property Owner at Taxation: Terry L. Poole
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 090 052 2
Property Location: 668 City Park Drive
Taxes Owed by Year: $40.74
Grand Total Due:
Property Owner at Taxation: Regions Bank Leasing
Current Owner: Same
Tax Year: 2006
Tax Type: Personal
Map & Parcel ID: N/A
Property Location: Personal Property
Taxes Owed by Year: $150.95
Grand Total Due: $150.95
Property Owner at Taxation: Buddy Ruis
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 050 029N
Property Location: 112 Mallard Pond Circle
Taxes Owed by Year: $627.29
Grand Total Due: $627.29
Property Owner at Taxation: Mauricio Sanchez
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 005
Property Location: 1.08 acres on Planters Point Terrace in Apple Pie Ridge SD Ph 5 Lot 17
Taxes Owed by Year: $84.35
Grand Total Due: $84.35
Property Owner at Taxation: Michael Steven Savage
Current Owner: Federal Home Loan Mtg. Company
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 092 081F
Property Location: 133 Winterberry Lane
Taxes Owed by Year: $394.67
Grand Total Due: $394.67
Property Owner at Taxation: Josh & Katie Sellers
Current Owner: Same
Tax Year: 2006 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B23 060 & B23J 037
Property Location: 1.01 acres on Lakeview Walk in Apple Ridge SD Lake View Lot 37
Taxes Owed by Year: $355.00
Grand Total Due: $355.00
Property Owner at Taxation: Cornell C. Smith
Current Owner: Gaurang & Sandhya Naik
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B23I 038
Property Location: 1.39 acres on Planters Pointe Drive in Apple Pie Ridge SD Planters Pointe Ph 5 Lot 27
Taxes Owed by Year: $90.50
Grand Total Due: $90.50
Property Owner at Taxation: Raymond Smith
Current Owner: Same
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B23J 039
Property Location: 1.01 acres on Lakeview Walk in Apple Pie SD Lakeview S/D Lot 39
Taxes Owed by Year: $204.96
Grand Total Due: $204.96
Property Owner at Taxation: Subs of Cornelia, Inc
Current Owner: Same
Tax Year: 2009
Tax Type: Personal
Map & Parcel ID: N/A
Property Location: Store inventory on SR 365
Taxes Owed by Year: $150.39
Grand Total Due: $150.39
Property Owner at Taxation: Triple R Real Estate Investments Inc.-Billy Ruis
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 090 024A
Property Location: 1.0 acre vacant lot in Mallard Pond SD and fronting Duncan Bridge Road
Taxes Owed by Year: $192.67
Grand Total Due: $192.67
Property Owner at Taxation: Alejandro Raul Velazquez
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091B041A
Property Location: 1770 Old Gainesville Hwy.
Taxes Owed by Year: $636.95
Grand Total Due: $636.95
Property Owner at Taxation: Aaron Welborn
Current Owner: Keith Guy & Cherry Simpson
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 031
Property Location: 925 Park Avenue
Taxes Owed by Year: $182.98
Grand Total Due: $182.98
Property Owner at Taxation: Mitchell Kelly Westmoreland
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 051 014W
Property Location: 0.18 acre vacant lot on Highland Pointe Lot 35
Taxes Owed by Year: $115.59
Grand Total Due: $115.59
Property Owner at Taxation: Mitchell Kelly Westmoreland
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 052 001D
Property Location: 0.28 acre vacant lot on Highland Pointe Lot 4
Taxes Owed by Year: $115.59
Grand Total Due: $115.59
Property Owner at Taxation: Katurah Windham
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate,
Map & Parcel ID: B23I 028
Property Location: 1.73 acres on Planters Pointe Lane in Apple Pie Ridge SD (Planters Pointe) Ph 5 Lot 34
Taxes Owed by Year: $94.15
Grand Total Due: $94.15
Property Owner at Taxation: Randall H Windham
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 020
Property Location: 1.0 acres on Planters Pointe Court in Apple Pie Ridge SD (Planters Pointe) Ph 5 Lot 6
Taxes Owed by Year: $104.00
Grand Total Due: $104.00
Property Owner at Taxation: Raymond A. Windham, Sr.
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23J 021
Property Location: 2.0 acres on Lake Ridge Trail in Apple Pie Ridge SD (Lake View) Lot 21
Taxes Owed by Year: $191.48
Grand Total Due: $191.48
Property Owner at Taxation: Alverine Witter
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 077
Property Location: 0.78 acres on Planters Pointe Drive in Apple Pie Ridge SD (Planters Pointe) Ph 5 Lot 13
Taxes Owed by Year: $104.00
Grand Total Due: $104.00
Property Owner at Taxation: Kristy & Ronald York
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 029
Property Location: 780 Willingham Avenue
Taxes Owed by Year: $120.05
Grand Total Due: $120.05
NOTICE TO THE PUBLIC:
In accordance with O.C.G.A. 41-4-1, any property with unpaid taxes remaining on the account after November 30, 2010 shall be subject to a Tax Lien and possible Sheriff’s Sale unless prior payment arrangements have been made with the City of Baldwin. In the event that the City has to proceed with such levy and sale of your property, you will incur an additional $1,700.00 or more in legal fees.
To make payment arrangements, please contact Mr. Jerry R. Presley, City Administrator at Baldwin City Hall, 130 Airport Road (PO BOX 247), Baldwin, GA 30511
Ph. 706-778-6341 Ext. 116 or via email at jpresley@cityofbaldwin.org.
(NV10,17B/240T1P)
gpn16
Public Hearing
Please take notice that the following resolutions have been received by the Banks County Planning Office.
Z-10-04 – William Griffin III, Carol Griffin Ashworth – A rezoning application to rezone property at 103 Griffin Drive from ARR, Agricultural, Rural-Residential to M-1, Industrial.
A Resolution of the Board of Commissioners of Banks County to provide for increased fees for conditional use fee, variance fee, rezoning fee, zoning verification fee, copy fee, plat review fee, commercial building plan review fee and safety/occupancy inspection fee; to provide for an effective date and to repeal conflicting ordinances and resolutions, and for other purposes.
An ordinance to amend Chapter 50 entitled “Manufactured Homes” to delete any reference to mobile homes or manufactured homes more than seven years old; to provide for an effective date and for other purposes.
The above application and 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, December 7, 2010 at 7 p.m. in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. The Banks County Commissioners will hold a public hearing on the matters on Tuesday, December 14, 2010 at 6:30 p.m. in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge.
Interested persons are invited to appear and comment.
(NV17B/069-30)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation that will incorporate M & B MASONRY, 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 162 Ashley Brook Drive, Lula, Georgia, 30554, and its initial registered agent at such address is Calvin Montgomery.
(NV17,24,P2)
gpn07
Crane Estate
Notice to Debtors
and Creditor
All creditors of the Estate of ANNIE “PAT” COTTON CRANE, deceased, late of Banks County, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to law, and all persons indebted to said estate are required to make immediate payment.
This 8th day of November, 2010.
Martha Crane
P.O. Box 133
1418 Historic Homer Hwy.
Homer, GA 30547
(NV17,24,DC1,8P4)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate LEXXIS CLEANING SERVICE, INC., will be 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 2437 Wynn Lake Road, Homer, Georgia 30510, and its initial registered agent at such address is Lex Burt.
(NV17,24P2)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of Community Bank & Trust (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia records (the “Security Deed”); as modified by Loan Modification and Forebearance Agreement dated January 28, 2009, recorded in Deed Book 337, Pages 602-610, aforesaid records, securing that certain Promissory Note from DOUGLAS DUCKETT to and in favor of COMMUNITY BANK & TRUST dated June 19, 2008 in the original principal sum of TWO HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED FORTY-ONE AND 90/100 DOLLARS ($1298,941.90) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Douglas Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P1)
gpn20
City of Baldwin
Delinquent Tax Report
2009 and Prior Years
Property Owner at Taxation: Bob Jackson Jr. & Anita Addison
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091 024C
Property Location: 458 Mallard Pond
Taxes Owed by Year: $641.19
Grand Total Due: $641.19
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: N/A
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $4,785.38
Grand Total Due: $16,779.38
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: BB&T
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $7,820.44
Grand Total Due:
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: Century Bank
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $3,498.31
Grand Total Due:
Property Owner at Taxation: Virgil Lovell
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23E 025
Property Location: 0.81 acres on Night Hawk Drive in Apple Pie Ridge SD Ph 3 Lot 8
Taxes Owed by Year: $87.62
Grand Total Due:
Property Owner at Taxation: Granny Smith Properties, Inc- Virgil Lovell
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $587.63
Grand Total Due:
Property Owner at Taxation: Deboray Thomas Black
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22E 010A
Property Location: 305 Banks Ridge Trail
Taxes Owed by Year: $1,503.65
Grand Total Due: $1,503.65
Property Owner at Taxation: Robert C & Joann Carlyle
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 064
Property Location: 1.70 acres at cul-de-sac on Planter’s Knoll in Apple Pie Ridge SD, Ph. 5 Lot 2
Taxes Owed by Year: $99.05
Grand Total Due: $99.05
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 104
Property Location: 401 Baldwin Falls Road
Taxes Owed by Year: $890.12
Grand Total Due: $3,995.45
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091B004
Property Location: 1735 Willingham Avenue
Taxes Owed by Year: $2,111.21
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091D003
Property Location: 1.05 acres at NE corner of Willingham St. & Shore St.
Taxes Owed by Year: $377.72
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091D004
Property Location: 0.15 acres at Willingham & US 441
Taxes Owed by Year: $403.60
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 091D004A
Property Location: 0.29 acres at Willingham & US 441
Taxes Owed by Year: $58.56
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B22B 110
Property Location: 12.16 acres at the end of Hannah Hill Ln.
Taxes Owed by Year: $154.24
Grand Total Due:
Property Owner at Taxation: Tora Lynn Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 067
Property Location: 300 Baldwin Falls Road
Taxes Owed by Year: $347.55
Grand Total Due: $347.55
Property Owner at Taxation: Althea R. Cole Smith
Current Owner: Gaurang & Sandhya Naik
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B23I 036
Property Location: 1.61 acres on Planters Point Drive (AKA Lot #29 Planters Pointe S/D),
Taxes Owed by Year: $90.50
Grand Total Due: $90.50
Property Owner at Taxation: Morgan & Hubert Coton
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091C082
Property Location: 0.42 on old Candy Drive
Taxes Owed by Year: $15.91
Grand Total Due: $15.91
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 019
Property Location: 140 Industrial Blvd.
Taxes Owed by Year: $134.31
Grand Total Due: $768.42
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 038
Property Location: 950 Industrial Blvd.
Taxes Owed by Year: $604.24
Grand Total Due:
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 039
Property Location: 1.55 acres off Industrial Blvd.
Taxes Owed by Year: $29.87
Grand Total Due:
Property Owner at Taxation: Mrs. Vanee G. Galloway
Current Owner: Same
Tax Year: 2006,2007,2009
Tax Type: Real Estate
Map & Parcel ID: B22B 111
Property Location: 2.89 acres on Sunrise Ridge
Taxes Owed by Year: $97.85
Grand Total Due: $97.85
Property Owner at Taxation: Habersham Professional Park Realty Associates, LLC
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 089C007
Property Location: 1.49 acres on Professional Drive
Taxes Owed by Year: $363.14
Grand Total Due: $363.14
Property Owner at Taxation: Robin Haynes
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 091B029
Property Location: 1640 Willingham Avenue
Taxes Owed by Year: $21.51
Grand Total Due: $21.51
Property Owner at Taxation: Heritage Gardens LP
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091B006
Property Location: Heritage Garden Apartments
Taxes Owed by Year: $14,423.06
Grand Total Due: $14,423.06
Property Owner at Taxation: Highland Point Development, LLC
Current Owner: FDIC
Tax Year: 2007 2008
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Highland Point Subdivision
Taxes Owed by Year: $1,666.15
Grand Total Due: $1,666.15
Property Owner at Taxation: Barry A. & Angila H. Kerr
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 083
Property Location: 0.79 acres on Planters Point Drive in Apple Pie Ridge SD Ph 5 Lot 7
Taxes Owed by Year: $99.05
Grand Total Due: $99.05
Property Owner at Taxation: Ezra George McKenzie
Current Owner: BB&T
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 034
Property Location: 1.32 acres on Planters Pointe Ln. in Apple Pie Ridge SD Ph 5 Lot 31
Taxes Owed by Year: $252.25
Grand Total Due: $252.25
Property Owner at Taxation: Carolyn P McNeish
Current Owner: Thomas & Linda Deisel
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 062
Property Location: 0.76 acres on Planters Knoll in Apple Pie Ridge SD Ph 5 Lot 2
Taxes Owed by Year: $104.00
Grand Total Due: $104.00
Property Owner at Taxation: Juan Mier & Ana Briceno
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 088 018
Property Location: 115 Stapleton Drive
Taxes Owed by Year: $333.66
Grand Total Due: $333.66
Property Owner at Taxation: Michael G. & Sandra Moore
Current Owner: Same
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091A025
Property Location: 379 Hwy 441 Bypass
Taxes Owed by Year: $3,587.57
Grand Total Due: $3,587.57
Property Owner at Taxation: Paul & Linda Payne
Current Owner: Same
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B33 037
Property Location: 125 Ridge Circle
Taxes Owed by Year: $590.12
Grand Total Due: $590.12
Property Owner at Taxation: Mathew J. Plaisted
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 125
Property Location: 0.78 acres on US 441 (Old Vet Bldg)
Taxes Owed by Year: $470.26
Grand Total Due: $470.26
Property Owner at Taxation: Terry L. Poole
Current Owner: Same
Tax Year: 2005 2006 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 090 052 1
Property Location: 668 City Park Drive
Taxes Owed by Year: $598.41
Grand Total Due: $639.15
Property Owner at Taxation: Terry L. Poole
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 090 052 2
Property Location: 668 City Park Drive
Taxes Owed by Year: $40.74
Grand Total Due:
Property Owner at Taxation: Regions Bank Leasing
Current Owner: Same
Tax Year: 2006
Tax Type: Personal
Map & Parcel ID: N/A
Property Location: Personal Property
Taxes Owed by Year: $150.95
Grand Total Due: $150.95
Property Owner at Taxation: Buddy Ruis
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 050 029N
Property Location: 112 Mallard Pond Circle
Taxes Owed by Year: $627.29
Grand Total Due: $627.29
Property Owner at Taxation: Mauricio Sanchez
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 005
Property Location: 1.08 acres on Planters Point Terrace in Apple Pie Ridge SD Ph 5 Lot 17
Taxes Owed by Year: $84.35
Grand Total Due: $84.35
Property Owner at Taxation: Michael Steven Savage
Current Owner: Federal Home Loan Mtg. Company
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 092 081F
Property Location: 133 Winterberry Lane
Taxes Owed by Year: $394.67
Grand Total Due: $394.67
Property Owner at Taxation: Josh & Katie Sellers
Current Owner: Same
Tax Year: 2006 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B23 060 & B23J 037
Property Location: 1.01 acres on Lakeview Walk in Apple Ridge SD Lake View Lot 37
Taxes Owed by Year: $355.00
Grand Total Due: $355.00
Property Owner at Taxation: Cornell C. Smith
Current Owner: Gaurang & Sandhya Naik
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B23I 038
Property Location: 1.39 acres on Planters Pointe Drive in Apple Pie Ridge SD Planters Pointe Ph 5 Lot 27
Taxes Owed by Year: $90.50
Grand Total Due: $90.50
Property Owner at Taxation: Raymond Smith
Current Owner: Same
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B23J 039
Property Location: 1.01 acres on Lakeview Walk in Apple Pie SD Lakeview S/D Lot 39
Taxes Owed by Year: $204.96
Grand Total Due: $204.96
Property Owner at Taxation: Subs of Cornelia, Inc
Current Owner: Same
Tax Year: 2009
Tax Type: Personal
Map & Parcel ID: N/A
Property Location: Store inventory on SR 365
Taxes Owed by Year: $150.39
Grand Total Due: $150.39
Property Owner at Taxation: Triple R Real Estate Investments Inc.-Billy Ruis
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 090 024A
Property Location: 1.0 acre vacant lot in Mallard Pond SD and fronting Duncan Bridge Road
Taxes Owed by Year: $192.67
Grand Total Due: $192.67
Property Owner at Taxation: Alejandro Raul Velazquez
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091B041A
Property Location: 1770 Old Gainesville Hwy.
Taxes Owed by Year: $636.95
Grand Total Due: $636.95
Property Owner at Taxation: Aaron Welborn
Current Owner: Keith Guy & Cherry Simpson
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 031
Property Location: 925 Park Avenue
Taxes Owed by Year: $182.98
Grand Total Due: $182.98
Property Owner at Taxation: Mitchell Kelly Westmoreland
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 051 014W
Property Location: 0.18 acre vacant lot on Highland Pointe Lot 35
Taxes Owed by Year: $115.59
Grand Total Due: $115.59
Property Owner at Taxation: Mitchell Kelly Westmoreland
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 052 001D
Property Location: 0.28 acre vacant lot on Highland Pointe Lot 4
Taxes Owed by Year: $115.59
Grand Total Due: $115.59
Property Owner at Taxation: Katurah Windham
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate,
Map & Parcel ID: B23I 028
Property Location: 1.73 acres on Planters Pointe Lane in Apple Pie Ridge SD (Planters Pointe) Ph 5 Lot 34
Taxes Owed by Year: $94.15
Grand Total Due: $94.15
Property Owner at Taxation: Randall H Windham
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 020
Property Location: 1.0 acres on Planters Pointe Court in Apple Pie Ridge SD (Planters Pointe) Ph 5 Lot 6
Taxes Owed by Year: $104.00
Grand Total Due: $104.00
Property Owner at Taxation: Raymond A. Windham, Sr.
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23J 021
Property Location: 2.0 acres on Lake Ridge Trail in Apple Pie Ridge SD (Lake View) Lot 21
Taxes Owed by Year: $191.48
Grand Total Due: $191.48
Property Owner at Taxation: Alverine Witter
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 077
Property Location: 0.78 acres on Planters Pointe Drive in Apple Pie Ridge SD (Planters Pointe) Ph 5 Lot 13
Taxes Owed by Year: $104.00
Grand Total Due: $104.00
Property Owner at Taxation: Kristy & Ronald York
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 029
Property Location: 780 Willingham Avenue
Taxes Owed by Year: $120.05
Grand Total Due: $120.05
NOTICE TO THE PUBLIC:
In accordance with O.C.G.A. 41-4-1, any property with unpaid taxes remaining on the account after November 30, 2010 shall be subject to a Tax Lien and possible Sheriff’s Sale unless prior payment arrangements have been made with the City of Baldwin. In the event that the City has to proceed with such levy and sale of your property, you will incur an additional $1,700.00 or more in legal fees.
To make payment arrangements, please contact Mr. Jerry R. Presley, City Administrator at Baldwin City Hall, 130 Airport Road (PO BOX 247), Baldwin, GA 30511
Ph. 706-778-6341 Ext. 116 or via email at jpresley@cityofbaldwin.org.
(NV10,17B/240T1P)
gpn16
Public Hearing
Please take notice that the following resolutions have been received by the Banks County Planning Office.
Z-10-04 – William Griffin III, Carol Griffin Ashworth – A rezoning application to rezone property at 103 Griffin Drive from ARR, Agricultural, Rural-Residential to M-1, Industrial.
A Resolution of the Board of Commissioners of Banks County to provide for increased fees for conditional use fee, variance fee, rezoning fee, zoning verification fee, copy fee, plat review fee, commercial building plan review fee and safety/occupancy inspection fee; to provide for an effective date and to repeal conflicting ordinances and resolutions, and for other purposes.
An ordinance to amend Chapter 50 entitled “Manufactured Homes” to delete any reference to mobile homes or manufactured homes more than seven years old; to provide for an effective date and for other purposes.
The above application and 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, December 7, 2010 at 7 p.m. in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge. The Banks County Commissioners will hold a public hearing on the matters on Tuesday, December 14, 2010 at 6:30 p.m. in the board room at the Banks County Courthouse Annex at 150 Hudson Ridge.
Interested persons are invited to appear and comment.
(NV17B/069-30)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation that will incorporate M & B MASONRY, 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 162 Ashley Brook Drive, Lula, Georgia, 30554, and its initial registered agent at such address is Calvin Montgomery.
(NV17,24,P2)
gpn07
Crane Estate
Notice to Debtors
and Creditor
All creditors of the Estate of ANNIE “PAT” COTTON CRANE, deceased, late of Banks County, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to law, and all persons indebted to said estate are required to make immediate payment.
This 8th day of November, 2010.
Martha Crane
P.O. Box 133
1418 Historic Homer Hwy.
Homer, GA 30547
(NV17,24,DC1,8P4)
gpn06
Inc. Notice
Notice is given that Articles of Incorporation which will incorporate LEXXIS CLEANING SERVICE, INC., will be 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 2437 Wynn Lake Road, Homer, Georgia 30510, and its initial registered agent at such address is Lex Burt.
(NV17,24P2)
Banks County Public Records 11-18-10 pt 1
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 ARTHUR GREEN to BAYROCK MORTGAGE CORPORATION dated March 30, 2005, in the amount of $205,200.00, and recorded in Deed Book 256, Page 410, Banks County, Georgia Records; as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 by assignment; the undersigned, Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, tract, or parcel of land together with improvements thereon, lying and being in GMD 265 of Banks County, Georgia, and being 8 acres, more or less, on Ervin Chambers Road as shown on that plat of survey recorded in Plat Book B, Page 148 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. This is the same property conveyed by Quit Claim Deed to Sybil Powell Tarpley dated November 21, 1997, and recorded in Deed Book 122, Page 618 of the Banks County, Georgia Deed Records.
Said property is conveyed subject to all easements, covenants and restrictions of record, if any.
which has the property address of 1189 Ervin Chambers Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Arthur Green and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 Attorney in Fact for Arthur Green
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12294 /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.
(NV10,17,24,DC1B/1325-60)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 and as modified by that certain Loan Modification Agreement recorded in Deed Book 341, Page 803, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 335, Page 495, 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 December, 2010, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love, Juanita Elise Rylee, Christopher Steven 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
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rnf 12/7/10 Our file no. 11805608-FT19
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RAY SHONHOR and VANESSA SHONHOR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. acting soley as nominee for United Community Mortgage Services, Inc., dated November 25, 2008, recorded in Deed Book 333, Page 675, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($209,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.025 acres, more or less, designated as Lot 10, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, registered surveyor, dated August 7, 2004, recorded in Plat Book E, Page 82, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Ray Shonhor and Vanessa Shonhor or a tenant or tenants and said property is more commonly known as 118 Manor Place, 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. Chase Home Finance LLC as Attorney in Fact for Ray Shonhor and Vanessa Shonhor
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/hq1 12/7/10 Our file no. 1650510-FT3
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by KEITH E. DUNCAN to REGIONS BANK DBA REGIONS MORTGAGE dated July 22, 2003, and recorded in Deed Book 219, Page 264, Banks County Records, securing a Note in the original principal amount of $155,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 3.831 acres, more or less, as more particularly shown on a plat of survey prepared for David & Angela Wilson by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 85, 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: All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia and being that 1.541 acres, more or less, designated as Lot No. 20 of Silver Shoals Estate Subdivision, as more particularly shown on a plat of survey prepared for Thomas Westmoreland by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 86, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 943 Yonah Homer Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Keith E Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Keith E. Duncan, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Keith E. Duncan
File no. 10-010488
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(NO10,14,4,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006 in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment; the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4, Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV10,14,24,DC1B/1325-80)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by TAMORA B. BLACK to WASHINGTON MUTUAL BANK, FA dated August 4, 2004 in the amount of $340,800.00, and recorded in Deed Book 243, Page 377, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th District, Banks County, Georgia, and being Lot 1, windy Knoll Estates, containing 1.554 Acres, more or less, as per Plat of Survey prepared by for by J.R. Holland, R.S., dated 02/11/1992, recorded in Plat Book 17, Page 221, of the Public Records of Banks County, Georgia, which plat is hereby referred to and made a part hereof by reference. Note: The above described property is conveyed subject to protect covenants imposed by an Instrument dated September 13, 1985, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 35, Page 362.
which has the property address of 162 Sterling Drive, 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 Tamora B. Black and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association, Attorney in Fact for Tamora B. Black
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08510 /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.
(NV10,14,24,DC1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by LYNN SHIRLEY a/k/a LYNN R. SHIRLEY and PAUL SHIRLEY a/k/a PAUL R. SHIRLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 31, 2005, recorded in Deed Book 270, Page 176, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. by assignment recorded in Deed Book 355, Page 513, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($240,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Lynn Shirley a/k/a Lynn R. Shirley and Paul Shirley a/k/a Paul R. Shirley or a tenant or tenants and said property is more commonly known as 189 Crooked Pine Trail, Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. as Attorney in Fact for Lynn Shirley a/k/a Lynn R. Shirley and Paul Shirley a/k/a Paul R. Shirley
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 12/7/10
Our file no. 5564410-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 205 of the 10th Land District in Banks County Georgia and being designated as Lot 18 of Smoke Rise Subdivision consisting of 2.998 acres, more or less, and being more fully shown by plat of survey dated May 29 2002 prepared for Covenant Love Family Church by Samuel L Duvall Registered Land Surveyor No 2295 said plat being recorded in Plat Book 26 Page 194 in the Office of the Clerk of the Superior Court of Banks County, Georgia and being incorporated herein for a full and complete legal description.
(NV10,17,24,DC1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated June 5, 2007, from JEWELL BARROW a/k/a JEWELL K. BARROW and CARLOS BARROW a/k/a CARLOS M. BARROW to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for INDYMAC BANK, F.S.B., a Federally Chartered Savings Bank, recorded on June 8, 2007 in Deed Book 307 at Page 55, in the office of the Clerk of the Superior Court of County Banks, Georgia, and said Deed to Secure Debt having been given to secure a note dated June 5, 2007, in the amount of $167,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 1, Phase 6, Apple Pie Ridge Subdivision, containing 2.700 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2006, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 110, to which said plat and the record thereof, reference is hereby made for a more complete description.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law.
To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow. The property, being commonly known as 601 Apple Pie Ridge Rd., Baldwin, GA 30511 in Banks County, will be sold as the property of Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for IndyMac Venture, LLC as Attorney in Fact for Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow
100 Galleria Parkway, Suite 960
Atlanta, GA 30339 Phone: (866) 690-0418
ASAP# 3787560
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated March 5, 1998, from JILL WOLFE-JOHNSON to FREEPORT FINANCIAL GROUP, INC., recorded on April 30, 1998, in Deed Book 128 at Page 95, in the office of the Clerk of the Superior Court of Banks County, Georgia, and said Deed to Secure Debt having been given to secure a note dated March 5, 1998, in the amount of $29,450.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 465th GMD of the Banks County, Georgia, being Lot 7 River Run Estates, as per plat recorded in Plat Book 13, Page 99, Banks County, Georgia Records, which plat is incorporated herein by reference.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees.
Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jill Wolfe-Johnson. The property, being commonly known as Lot #7 Water Plant Road, Commerce, GA 30529 in Banks County, will be sold as the property of Jill Wolfe-Johnson, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for OneWest Bank, FSB as Attorney in Fact for Jill Wolfe-Johnson
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (866) 690-0418
ASAP# 3790718
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CATHY B. RUSSELL to REGIONS MORTGAGE, INC., dated March 20, 2003, and recorded in Deed Book 220, Page 721, Banks County Records, securing a Note in the original principal amount of $72,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being Lot 1 of the Pine Ridge Subdivision as shown on plat of survey for Claude Harold Russell and Cathy Russell, dated August 8, 1995, prepared by Patton-Patton, Inc., Georgia Registered Land Surveyor, and being more particularly described as follows:
Beginning at an iron pin point at the intersection of the eastern right of way of Tallant Drive (50 foot right of way) and the northern right of way of Main Street (60 foot right of way); thence running north 28 degrees 02 minutes 00 seconds west, along the eastern right of way of Tallent Drive, a distance of 125.03 feet, to an iron pin; thence running north 59 degrees 55 minutes 00 seconds east, a distance of 120.46 feet, to an iron pin; thence running south 28 degrees 02 minutes 00 seconds east, a distance of 69.98 feet, to an iron pin; thence running south 04 degrees 24 minutes 54 seconds west, a distance of 74.79 feet, to an iron pin on the northern right of way of Main Street; thence running south 64 degrees 38 minutes 00 seconds west along said right of way, a distance of 80.34 feet, to an iron pin, the place or point of beginning.
Said property is known as 6704 Tallent Drive, 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 Cathy B. Russell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Cathy B. Russell aka Cathy Brown Russell, 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 Cathy B. Russell
File no. 10-008260
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV10,17,24,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by BENITO GONZALEZ and DIANA GONZALEZ to REGIONS MORTGAGE, INC., dated April 18, 2002, and recorded in Deed Book 191, Page 356, Banks County Records, securing a Note in the original principal amount of $228,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 207 G.M.D., Banks County, Georgia, containing 2.000 acres, more or less as shown on plat and survey of Cornerstone Development Consultants, Inc., dated March 15, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 21, as Page 163. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now in use.
Said property is known as 2966 Highway 326, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Benito Gonzalez and Diana Gonzalez, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Benito Gonzalez and Diana Gonzalez aka Diana C. Gonzalez, 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 Benito Gonzalez and Diana Gonzalez aka Diana C. Gonzalez
File no. 10-010407
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV10,17,24,DC1B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt with Power of Sale from LEN B. DALTON, JR. to COMMUNITY BANK AND TRUSt dated 08/05/2002, and recorded 08/12/2002, in Deed Book 197, Pages 63-65, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Len B. Dalton, Jr. the following described property:
All that tract or parcel of land, lying and being in the Hollingsworth District G.M., of Banks County, Georgia, and containing 5.27 acres, more or less, as shown on a plat of survey prepared by Hubert Lovell, RLS, dated April 21, 1975, and recorded among Banks County, Georgia Records in Plat Book 5, page 246, said plat being incorporated herein by reference for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Len B. Dalton, Jr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Len B. Dalton, Jr.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F10-1059
(NV10,17,24,DC1B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JERRY MEALOR to COMMUNITY BANK AND TRUST dated 05/31/2007, and recorded 06/04/2007, in Deed Book 306, Pages 576-578, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jerry Mealor 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 7.26 acres, more or less, as more particularly shown on a plat of survey prepared for Richard Huss & Ruby I. Huss by Max Lewallen, Registered Surveyor, dated November 29, 1993, and recorded in Plat Book 18, Page 156, 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.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeff Adams or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jerry Mealor.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F10-1066
(NV10,17,24,DC1B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks
and Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by WILLIAM MCCONNELL to WELLS FARGO BANK, N.A. dated November 10, 2006, in the amount of $481,500.00, and recorded in Deed Book 46-L, Pages 404-425, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 by assignment, the undersigned, U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 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 December, 2010, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
A certain tract or parcel of land in Jackson County, in the State of Georgia, described as follows: Tract One: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 10.00 acres, more or less, as shown on recorded Plat Book E, Page 90, Banks County records, and in Plat Book 64, Page 133, Jackson County records, which is incorporated herein by reference hereto, being known as 872 Mangum Bridge Road, Maysville, Georgia 30558, according to the present numbering of houses in Banks and Jackson Counties. Tract Two: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 12.114 acres, more or less as shown on recorded in Plat Book E, Page 90, Banks County Records, and in Plat Book 64, Page 183, Jackson County records, which is incorporated herein by reference hereto.
which has the property address of 872 Mangum Bridge Road, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of William McConnell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 Attorney in Fact for William McConnell
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12343 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHNNY W. BUTLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 25, 2008, recorded in Deed Book 320, Page 41, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-SEVEN THOUSAND FIVE HUNDRED FORTY-ONE AND 0/100 DOLLARS ($97,541.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Johnny W. Butler or a tenant or tenants and said property is more commonly known as 633 Borders Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Johnny W. Butler
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dna 12/7/10
Our file no. 53023110-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 2.50 acres, more or less, designated as Tract No. 1 on a plat of survey entitled “Tract #1 Johnny Butler, Tract #2 Angie Butler”, prepared by Phillips Land Surveying, Registered Surveyor, dated November 31, 2007, recorded in Plat Book 31, Page 31, Page 132, 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 2008 Buccaneer Model 09B5354K Mobile Home, Serial #BC07AL0139164A&B MR/dna 12/7/10 Our file no. 53023110 - FT11
(NV10,17,24,DC1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt With Power of Sale from DEDRICK DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 24, 2007, filed for record May 9, 2007, and recorded in Deed Book 304, Pages 820-821, Banks County, Georgia Records (the “Security Deed”); securing that certain Promissory Note from Dedrick Duckett to and in favor of Community Bank & Trust dated July 30, 2008 in the original principal sum of TWO HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED SIXTY-SIX AND 94/100 DOLLARS ($224,666.94) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia designated as Lot 4, containing 2.009 acres, more or less, as shown on a plat of survey prepared for Gladys T. Duckett by G. Brian Slate, S.S., under date of September 21, 2005, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia in Plat Book G, Page 11, to which said plat and the record thereof reference is made for a more complete description.
Together with a non-exclusive easement for ingress and egress over and across Lots 1,2 and 5 via the course of a 30 foot ingress-egress easement, private drive and via the course of a 20 foot ingress-egress Easement leading to Apple Pie Ridge Road, a country road, as shown on the plat referred to above. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Dedrick Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia Records (the “Security Deed”); as modified by Modification to Loan Agreement dated April 4, 2005, recorded in Deed Book 271, Page 362, aforesaid records; as further modified by Modification to Loan Agreement dated August 7, 2006, recorded in Deed Book 288, Page 815, aforesaid records; as further modified by Modification to Loan Agreement dated October 30, 2006, recorded in Deed Book 299, Page 553, aforesaid records, and as further modified by Modification to Loan Agreement dated January 26, 2009, recorded in Deed Book 337, Page 594, securing that certain Promissory Note from GLADYS T. DUCKETT to and in favor of COMMUNITY BANK & TRUST dated April 5 2002, in the original principal sum of ONE HUNDRED TWENTY-EIGHT THOUSAND SEVENTY-SIX AND 33/100 DOLLARS ($128,076.33), modified to reflect a principal sum of FIVE HUNDRED THIRTY-EIGHT THOUSAND FIVE HUNDRED SEVENTEEN AND 25/00 DOLLARS ($538,517.25) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Gladys Duckett aka Gladys T. Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,25,DC1P4)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ARTHUR GREEN to BAYROCK MORTGAGE CORPORATION dated March 30, 2005, in the amount of $205,200.00, and recorded in Deed Book 256, Page 410, Banks County, Georgia Records; as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 by assignment; the undersigned, Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, tract, or parcel of land together with improvements thereon, lying and being in GMD 265 of Banks County, Georgia, and being 8 acres, more or less, on Ervin Chambers Road as shown on that plat of survey recorded in Plat Book B, Page 148 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. This is the same property conveyed by Quit Claim Deed to Sybil Powell Tarpley dated November 21, 1997, and recorded in Deed Book 122, Page 618 of the Banks County, Georgia Deed Records.
Said property is conveyed subject to all easements, covenants and restrictions of record, if any.
which has the property address of 1189 Ervin Chambers Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Arthur Green and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2005-HE8 Attorney in Fact for Arthur Green
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-12294 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 and as modified by that certain Loan Modification Agreement recorded in Deed Book 341, Page 803, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 335, Page 495, 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 December, 2010, 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 attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Juanita E. Love, Juanita Elise Rylee, Christopher Steven 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
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rnf 12/7/10 Our file no. 11805608-FT19
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RAY SHONHOR and VANESSA SHONHOR to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. acting soley as nominee for United Community Mortgage Services, Inc., dated November 25, 2008, recorded in Deed Book 333, Page 675, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($209,500.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.025 acres, more or less, designated as Lot 10, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, registered surveyor, dated August 7, 2004, recorded in Plat Book E, Page 82, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Ray Shonhor and Vanessa Shonhor or a tenant or tenants and said property is more commonly known as 118 Manor Place, 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. Chase Home Finance LLC as Attorney in Fact for Ray Shonhor and Vanessa Shonhor
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/hq1 12/7/10 Our file no. 1650510-FT3
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by KEITH E. DUNCAN to REGIONS BANK DBA REGIONS MORTGAGE dated July 22, 2003, and recorded in Deed Book 219, Page 264, Banks County Records, securing a Note in the original principal amount of $155,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 3.831 acres, more or less, as more particularly shown on a plat of survey prepared for David & Angela Wilson by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 85, 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: All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia and being that 1.541 acres, more or less, designated as Lot No. 20 of Silver Shoals Estate Subdivision, as more particularly shown on a plat of survey prepared for Thomas Westmoreland by Roy A. Terrell, Registered Surveyor, dated September 25, 1989, recorded in Plat Book 15, Page 86, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 943 Yonah Homer Road, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Keith E Duncan, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Keith E. Duncan, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Keith E. Duncan
File no. 10-010488
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS]
(NO10,14,4,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006 in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment; the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 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 December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown`s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown`s Bridge Road to an iron pin found on the Southern Right of Way of Brown`s Bridge Road; run thence along the Southern Right of Way of Brown`s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4, Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV10,14,24,DC1B/1325-80)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by TAMORA B. BLACK to WASHINGTON MUTUAL BANK, FA dated August 4, 2004 in the amount of $340,800.00, and recorded in Deed Book 243, Page 377, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot 203 of the 10th District, Banks County, Georgia, and being Lot 1, windy Knoll Estates, containing 1.554 Acres, more or less, as per Plat of Survey prepared by for by J.R. Holland, R.S., dated 02/11/1992, recorded in Plat Book 17, Page 221, of the Public Records of Banks County, Georgia, which plat is hereby referred to and made a part hereof by reference. Note: The above described property is conveyed subject to protect covenants imposed by an Instrument dated September 13, 1985, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Deed Book 35, Page 362.
which has the property address of 162 Sterling Drive, 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 Tamora B. Black and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association, Attorney in Fact for Tamora B. Black
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08510 /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.
(NV10,14,24,DC1B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by LYNN SHIRLEY a/k/a LYNN R. SHIRLEY and PAUL SHIRLEY a/k/a PAUL R. SHIRLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 31, 2005, recorded in Deed Book 270, Page 176, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. by assignment recorded in Deed Book 355, Page 513, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($240,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Lynn Shirley a/k/a Lynn R. Shirley and Paul Shirley a/k/a Paul R. Shirley or a tenant or tenants and said property is more commonly known as 189 Crooked Pine Trail, Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. as Attorney in Fact for Lynn Shirley a/k/a Lynn R. Shirley and Paul Shirley a/k/a Paul R. Shirley
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 12/7/10
Our file no. 5564410-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in Land Lot 205 of the 10th Land District in Banks County Georgia and being designated as Lot 18 of Smoke Rise Subdivision consisting of 2.998 acres, more or less, and being more fully shown by plat of survey dated May 29 2002 prepared for Covenant Love Family Church by Samuel L Duvall Registered Land Surveyor No 2295 said plat being recorded in Plat Book 26 Page 194 in the Office of the Clerk of the Superior Court of Banks County, Georgia and being incorporated herein for a full and complete legal description.
(NV10,17,24,DC1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated June 5, 2007, from JEWELL BARROW a/k/a JEWELL K. BARROW and CARLOS BARROW a/k/a CARLOS M. BARROW to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for INDYMAC BANK, F.S.B., a Federally Chartered Savings Bank, recorded on June 8, 2007 in Deed Book 307 at Page 55, in the office of the Clerk of the Superior Court of County Banks, Georgia, and said Deed to Secure Debt having been given to secure a note dated June 5, 2007, in the amount of $167,000.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 1, Phase 6, Apple Pie Ridge Subdivision, containing 2.700 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2006, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 110, to which said plat and the record thereof, reference is hereby made for a more complete description.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees. Notice of intention to collect attorneys’ fees has been given as provided by law.
To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow. The property, being commonly known as 601 Apple Pie Ridge Rd., Baldwin, GA 30511 in Banks County, will be sold as the property of Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for IndyMac Venture, LLC as Attorney in Fact for Jewell Barrow a/k/a Jewell K. Barrow and Carlos Barrow a/k/a Carlos M. Barrow
100 Galleria Parkway, Suite 960
Atlanta, GA 30339 Phone: (866) 690-0418
ASAP# 3787560
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained with that certain Deed to Secure Debt dated March 5, 1998, from JILL WOLFE-JOHNSON to FREEPORT FINANCIAL GROUP, INC., recorded on April 30, 1998, in Deed Book 128 at Page 95, in the office of the Clerk of the Superior Court of Banks County, Georgia, and said Deed to Secure Debt having been given to secure a note dated March 5, 1998, in the amount of $29,450.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on December 7, 2010, the following described real property (hereinafter referred to as the “Property”):
All that tract or parcel of land lying and being in the 465th GMD of the Banks County, Georgia, being Lot 7 River Run Estates, as per plat recorded in Plat Book 13, Page 99, Banks County, Georgia Records, which plat is incorporated herein by reference.
The debt secured by the Security Deed and evidenced by the note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Deed to Secure Debt, accrued interest, and all expenses of the sale, including attorneys’ fees.
Notice of intention to collect attorneys’ fees has been given as provided by law. To the best of the undersigned’s knowledge, the person(s) in possession of the property is/are Jill Wolfe-Johnson. The property, being commonly known as Lot #7 Water Plant Road, Commerce, GA 30529 in Banks County, will be sold as the property of Jill Wolfe-Johnson, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed.
Albertelli Law Attorney for OneWest Bank, FSB as Attorney in Fact for Jill Wolfe-Johnson
100 Galleria Parkway, Suite 960
Atlanta, GA 30339
Phone: (866) 690-0418
ASAP# 3790718
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by CATHY B. RUSSELL to REGIONS MORTGAGE, INC., dated March 20, 2003, and recorded in Deed Book 220, Page 721, Banks County Records, securing a Note in the original principal amount of $72,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being Lot 1 of the Pine Ridge Subdivision as shown on plat of survey for Claude Harold Russell and Cathy Russell, dated August 8, 1995, prepared by Patton-Patton, Inc., Georgia Registered Land Surveyor, and being more particularly described as follows:
Beginning at an iron pin point at the intersection of the eastern right of way of Tallant Drive (50 foot right of way) and the northern right of way of Main Street (60 foot right of way); thence running north 28 degrees 02 minutes 00 seconds west, along the eastern right of way of Tallent Drive, a distance of 125.03 feet, to an iron pin; thence running north 59 degrees 55 minutes 00 seconds east, a distance of 120.46 feet, to an iron pin; thence running south 28 degrees 02 minutes 00 seconds east, a distance of 69.98 feet, to an iron pin; thence running south 04 degrees 24 minutes 54 seconds west, a distance of 74.79 feet, to an iron pin on the northern right of way of Main Street; thence running south 64 degrees 38 minutes 00 seconds west along said right of way, a distance of 80.34 feet, to an iron pin, the place or point of beginning.
Said property is known as 6704 Tallent Drive, 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 Cathy B. Russell, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Cathy B. Russell aka Cathy Brown Russell, 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 Cathy B. Russell
File no. 10-008260
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100 Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV10,17,24,DC1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by BENITO GONZALEZ and DIANA GONZALEZ to REGIONS MORTGAGE, INC., dated April 18, 2002, and recorded in Deed Book 191, Page 356, Banks County Records, securing a Note in the original principal amount of $228,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 7, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 207 G.M.D., Banks County, Georgia, containing 2.000 acres, more or less as shown on plat and survey of Cornerstone Development Consultants, Inc., dated March 15, 2002, recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 21, as Page 163. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights of way for public roads and utilities now in use.
Said property is known as 2966 Highway 326, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Benito Gonzalez and Diana Gonzalez, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Benito Gonzalez and Diana Gonzalez aka Diana C. Gonzalez, 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 Benito Gonzalez and Diana Gonzalez aka Diana C. Gonzalez
File no. 10-010407
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV10,17,24,DC1B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt with Power of Sale from LEN B. DALTON, JR. to COMMUNITY BANK AND TRUSt dated 08/05/2002, and recorded 08/12/2002, in Deed Book 197, Pages 63-65, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Len B. Dalton, Jr. the following described property:
All that tract or parcel of land, lying and being in the Hollingsworth District G.M., of Banks County, Georgia, and containing 5.27 acres, more or less, as shown on a plat of survey prepared by Hubert Lovell, RLS, dated April 21, 1975, and recorded among Banks County, Georgia Records in Plat Book 5, page 246, said plat being incorporated herein by reference for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Len B. Dalton, Jr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Len B. Dalton, Jr.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F10-1059
(NV10,17,24,DC1B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JERRY MEALOR to COMMUNITY BANK AND TRUST dated 05/31/2007, and recorded 06/04/2007, in Deed Book 306, Pages 576-578, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Jerry Mealor 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 7.26 acres, more or less, as more particularly shown on a plat of survey prepared for Richard Huss & Ruby I. Huss by Max Lewallen, Registered Surveyor, dated November 29, 1993, and recorded in Plat Book 18, Page 156, 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.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Jeff Adams or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Jerry Mealor.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
F10-1066
(NV10,17,24,DC1B/19761-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks
and Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by WILLIAM MCCONNELL to WELLS FARGO BANK, N.A. dated November 10, 2006, in the amount of $481,500.00, and recorded in Deed Book 46-L, Pages 404-425, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 by assignment, the undersigned, U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 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 December, 2010, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
A certain tract or parcel of land in Jackson County, in the State of Georgia, described as follows: Tract One: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 10.00 acres, more or less, as shown on recorded Plat Book E, Page 90, Banks County records, and in Plat Book 64, Page 133, Jackson County records, which is incorporated herein by reference hereto, being known as 872 Mangum Bridge Road, Maysville, Georgia 30558, according to the present numbering of houses in Banks and Jackson Counties. Tract Two: All that tract or parcel of land lying and being in GMD 465 of Banks County, Georgia, and GMD No. 465 of Jackson County, Georgia, being 12.114 acres, more or less as shown on recorded in Plat Book E, Page 90, Banks County Records, and in Plat Book 64, Page 183, Jackson County records, which is incorporated herein by reference hereto.
which has the property address of 872 Mangum Bridge Road, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of William McConnell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
U.S. Bank National Association, not in its individual capacity but solely as trustee for the holders of Maiden Lane Asset Backed Securities I Trust 2008-1 Attorney in Fact for William McConnell
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-12343 /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.
(NV10,17,24,DC1B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHNNY W. BUTLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 25, 2008, recorded in Deed Book 320, Page 41, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-SEVEN THOUSAND FIVE HUNDRED FORTY-ONE AND 0/100 DOLLARS ($97,541.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Johnny W. Butler or a tenant or tenants and said property is more commonly known as 633 Borders Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Johnny W. Butler
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dna 12/7/10
Our file no. 53023110-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 2.50 acres, more or less, designated as Tract No. 1 on a plat of survey entitled “Tract #1 Johnny Butler, Tract #2 Angie Butler”, prepared by Phillips Land Surveying, Registered Surveyor, dated November 31, 2007, recorded in Plat Book 31, Page 31, Page 132, 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 2008 Buccaneer Model 09B5354K Mobile Home, Serial #BC07AL0139164A&B MR/dna 12/7/10 Our file no. 53023110 - FT11
(NV10,17,24,DC1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt With Power of Sale from DEDRICK DUCKETT (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 24, 2007, filed for record May 9, 2007, and recorded in Deed Book 304, Pages 820-821, Banks County, Georgia Records (the “Security Deed”); securing that certain Promissory Note from Dedrick Duckett to and in favor of Community Bank & Trust dated July 30, 2008 in the original principal sum of TWO HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED SIXTY-SIX AND 94/100 DOLLARS ($224,666.94) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia designated as Lot 4, containing 2.009 acres, more or less, as shown on a plat of survey prepared for Gladys T. Duckett by G. Brian Slate, S.S., under date of September 21, 2005, a copy of said plat being of record in the office of the Clerk of Superior Court of Banks County, Georgia in Plat Book G, Page 11, to which said plat and the record thereof reference is made for a more complete description.
Together with a non-exclusive easement for ingress and egress over and across Lots 1,2 and 5 via the course of a 30 foot ingress-egress easement, private drive and via the course of a 20 foot ingress-egress Easement leading to Apple Pie Ridge Road, a country road, as shown on the plat referred to above. (the “Land”).
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Dedrick Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of COMMUNITY BANK & TRUST (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia Records (the “Security Deed”); as modified by Modification to Loan Agreement dated April 4, 2005, recorded in Deed Book 271, Page 362, aforesaid records; as further modified by Modification to Loan Agreement dated August 7, 2006, recorded in Deed Book 288, Page 815, aforesaid records; as further modified by Modification to Loan Agreement dated October 30, 2006, recorded in Deed Book 299, Page 553, aforesaid records, and as further modified by Modification to Loan Agreement dated January 26, 2009, recorded in Deed Book 337, Page 594, securing that certain Promissory Note from GLADYS T. DUCKETT to and in favor of COMMUNITY BANK & TRUST dated April 5 2002, in the original principal sum of ONE HUNDRED TWENTY-EIGHT THOUSAND SEVENTY-SIX AND 33/100 DOLLARS ($128,076.33), modified to reflect a principal sum of FIVE HUNDRED THIRTY-EIGHT THOUSAND FIVE HUNDRED SEVENTEEN AND 25/00 DOLLARS ($538,517.25) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia Records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Gladys Duckett aka Gladys T. Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,25,DC1P4)
[Full Story »]
Banks County Public Records 11-10-10 pt 2
Notice of Sale
Notice of Sale Under Power Contained in Security Deed
State of Georgia
County of Banks
Pursuant to a power of sale contained in a certain security deed executed by PAMELA JOHNSON, hereinafter referred to as Grantor, to NATIONAL REALTY ACCEPTANCE COMPANY, LC recorded in Deed Book 351, beginning at Page 644, of the deed Records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said security deed, the undersigned attorney-in-fact for the aforesaid Grantor (which attorney-in-fact is the present holder of said security deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in December, 2010, the property which, as of the time of the execution of said security deed, was described as set forth in the attached Exhibit “A”.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, and all other matters of record superior to the said security deed.
The entity that has full authority to negotiate, amend, and modify all terms of the Note and Security Deed is First National Acceptance Company, 241 East Saginaw, Suite 500, East Lansing, MI 48826, 800-292-1550.
To the best of the undersigned’s knowledge and belief, the party in possession of the property is believed to be Pamela Johnson or tenant(s).
National Realty Acceptance Company, LC, As attorney-in-fact for the aforesaid Grantor
Campbell & Brannon, LLC
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FNAC/Pamela Johnson/10-59711
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, containing 11.09 acres, more or less, as per plat of survey prepared for Harold E. Clark by Max Lewellen, Georgia registered surveyor, Dated May 13, 1996 and recorded in The Office of the superior court of Banks County, Georgia in Plat Book 20, Page 196, said plat, as recorded, is hereby referenced for a more detailed description of said property. Said tract is known as 1297 Duncan Road, Commerce, GA 30529 per the present system of numbering in Banks County, Georgia. Parcel ID B85-005.
1297 Duncan Road
Commerce, GA 30529
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RONALD L. TURNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 21, 2005, recorded in Deed Book 257, Page 531, Banks County, Georgia Records, as last transferred to AGFIRST FARM CREDIT BANK by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED THOUSAND AND 0/100 DOLLARS ($200,000.00), 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 December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Ronald L. Turner or a tenant or tenants and said property is more commonly known as 6804 Highway 441 N, 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.
AGFIRST FARM CREDIT BANK as Attorney in Fact for Ronald L. Turner
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 12/7/10
Our file no. 5223610-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1580 GMD of Banks County Georgia, containing 2.614 acres more or less as shown on plat of survey prepared by Roy A. Terrell, R.S., under date of October 17, 1978, a copy of said plat being recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 7, Page 189, to which said plat and the record thereof reference is hereby made for a more complete description. MR/ste 12/7/10 Our file no. 5223610 - FT10
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from RONNY L. KNIGHT and TERESA D. KNIGHT to COMMUNITY BANK & TRUST dated August 30, 2007, recorded among Banks County, Georgia Records in Deed Book 311, Page 850, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010, and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ronny L. Knight and Teresa D. Knight the following described property:
All that tract or parcel of land, lying and being in the 207th GMD, Banks County, Georgia, being Lot 11B, Hudson River Estates Subdivision as per plat recorded in Plat Book 28, Page 9 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
This conveyance is made subject to all zoning ordinances, easement and restrictions of record affecting said bargained premises.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the parties in possession are Ronny L. Knight and Teresa D. Knight or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ronny L. Knight and Teresa D. Knight.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(NV10,17,24,DC1B/1326-60P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES and RHONDA HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Walter Glenn Hughes and Rhonda H. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Road, Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes and Rhonda Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 12/7/10
Our file no. 1290310-FT3
(NV10,17,24,DC1B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County and Franklin County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SARA L. LONG and DONALD LONG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 30, 2002, recorded in Deed Book 198, Page 520, Banks County, Georgia Records and recorded in Deed Book ––, Page ––, Franklin County, Georgia Records,, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 356, Page 226, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($88,000.00), 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 December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Sara L. Long and aka Sara Lynn Long or a tenant or tenants and said property is more commonly known as 341 Neal Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Sara L. Long and Donald Long
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 12/7/10
Our file no. 53276109-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in Bushville District G.M Banks County, Georgia being Lot #1 containing 9.15 acres, more or less, as per survey for Imperial Group Ltd. by Clelland A Tyson G.R.L.S. #1515 dated January 20, 1977. A copy of said plat is recorded in Plat Book 6, Page 128 of the Banks County Superior Court Records and incorporated herein and made a part hereof as fully as if set out herein. MR/ste 12/7/10 Our file no. 53276109 - FT10
(NV10,17,24,DC1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RACHEL BOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 13, 2003, recorded in Deed Book 221, Page 129, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Rachel Bond or a tenant or tenants and said property is more commonly known as 1099 Highway 59, 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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Rachel Bond
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 12/7/10
Our file no. 52939410-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, containing 0.26 acres, more or less, as per plat of survey prepared for Rachel Wood Bond by Venable & Associates, Inc., Georgia Registered Surveyor, dated December 15, 1997, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 22, Page 124. Said Plat as recorded, is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use. MR/ste 12/7/10 Our file no. 52939410 - FT10
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for DELTA FUNDING CORP., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia Records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded or to be recorded, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in December 2010 the following described property:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 207th District, G.M., Banks County, Georgia, and being that 6.55 acres, more or less, as more particularly shown on a plat of survey prepared for Keith Whitfield by James M. Paul, Registered Surveyor, dated May 6, 1999, recorded in Plat Book 25, Page 86, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to restrictions of record, if any and existing easements and rights of way for public roads and utilities now in use.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd., Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(NV10,17,24,DC1B/19109RSVP#260142-70T4P)
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Divorce Notice
In the Superior Court of Banks County
State of Georgia
Civil Action File No. 10CV597B
Andrew Dennis Curry, Plaintiff,
vs.
Jennifer Marie Curry, Defendant,
Notice
TO: Jennifer Marie Curry
3920 Club Drive
Duluth, Georgia 30096
By Order of the Court for service by publication dated October 20, 2010, you are hereby notified that on the 22 day of October, 2010, ANDREW DENNIS CURRY filed suit against you for divorce. You are required to file with the Clerk of the Superior Court, and to serve upon Plaintiff’s Attorney, Walter B. Harvey, P.O. Box 494, Jefferson, Georgia 30549, an answer in writing within sixty (60) days of October 22, 2010.
Witness, the Honorable James H. Booth, Judge of Banks County Superior Court.
This 22 day of October, 2010.
By: June Westbrook, Clerk
(NV3,10,17,24,B/1003-16P)
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House Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JAMES W. HOUSE, 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 25th day of October, 2010.
Diane Purcell
Executor/Administrator
188 Purcell Rd.
Homer, GA 30547
(NV3,10,17,24P4)
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Notice
of Publication
In the Superior Court
of Banks County
State of Georgia
Civil Action No. 10CV478m
U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2005-5.
Plaintiff,
v.
Shirley Worley and Eugene Worley,
Defendants,
To: Shirley Worley and Eugene Worley
457 Antioch Road
Lula, GA 30554
YOU ARE HEREBY notified that the above styled action seeking equitable relief against real property was filed in said Court on August 16, 2010 and that by reason of an order for service by publication entered by the Court on September 21, 2010, you are hereby commanded and required to file with the Clerk of said Court and Serve upon FRANK R. OLSON, Plaintiff’s Attorney, whose address is McCurdy & Candler, LLC, Six Piedmont Center, Suite 700, 3525 Piedmont Road, NE, Atlanta, Georgia 30305, an Answer to the complaint within sixty (60) days of September 21, 2010.
Witness the Honorable Currie M. Mingledorff II, Judge of Said Court.
This the 15th day of October, 2010.
By: Jenny B. Massey
Clerk, Superior Court of Banks County
Prepared by:
Frank R. Olson
Georgia Bar No: 553077
McCurdy Candler, LLC
Six Piedmont Center,
Suite 700
3525 Piedmont Road, NE
Atlanta, Georgia 30305
Attorney for Plaintiff
(OC27,NV3,10,17P4)
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Poole Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RONALD MICHAEL POOLE, 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 8th day of October, 2010.
Swayne Poole
Executor/Administrator
201 Brown Acres Rd.
Griffin, GA 30224
(OC20,27,NV3,10P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by TONY SMALLWOOD and DONNA SMALLWOOD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 17, 2008, recorded in Deed Book 324, Page 703, Banks County, Georgia Records, as last transferred to OCWEN LOAN SERVICING, LLC by assignment to be recorded ___, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY TWO THOUSAND AND NO/100 DOLLARS ($332,000.00); with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in December 2010 the following described property:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 2.500 acres, more or less, designated as Tract 2, on a final plat of survey prepared by Ingram, Lord & Associates, Registered Surveyor, dated July 26, 2006, recorded in Plat Book F, Page 114, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Tony Smallwood and Donna Smallwood or a tenant or tenants and said property is more commonly known as 1114 Scales Creek Rd,, Homer, GA 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
OCWEN LOAN SERVICING, LLC as Attorney in Fact for Tony Smallwood and Donna Smallwood
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/KM 03/07/2010
Our File# 015151-003051
(NV10,17,24,DC2B/19109-60T4)
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Pubic Notice
This serves as notice to the public, of the establishment of a Hearing for consideration of adoption of revisions to all ordinances addressing Manufactured Homes in the City of Lula, Hall County, GA, And the adoption of an Ordinance known as “Minimum Health and Safety Standards for Pre-Owned Manufactured Homes Ordinance”. The city established a public hearing to be heard at 6:00 PM, Monday November 15th, at Lula City Hall 6055 Main Street, Lula, Georgia thus meeting the requirements and conditions found in of the city’s Zoning Ordinance and GA State Law Review of the procedural mechanism prescribed in the zoning ordinance for this hearing process will serve in the interest of all parties. The City of Lula encourages your participation in this fair and equitable process and welcomes your involvement in this orderly progression of the resolution to this particular adoption / revision as allowed by law.
(NV11B/3816-20)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of Community Bank & Trust (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia records (the “Security Deed”); as modified by Loan Modification and Forebearance Agreement dated January 28, 2009, recorded in Deed Book 337, Pages 602-610, aforesaid records, securing that certain Promissory Note from DOUGLAS DUCKETT to and in favor of COMMUNITY BANK & TRUST dated June 19, 2008 in the original principal sum of TWO HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED FORTY-ONE AND 90/100 DOLLARS ($1298,941.90) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Douglas Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P1)
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Public Hearing
Northeast Georgia Housing Authority
The Northeast Georgia Housing Authority has developed a Comprehensive Agency Plan in compliance with the Quality Housing and Work Responsibility Act of 1998. The Plan will be available November 16, 2010, for public review and comment at the Northeast Georgia Housing Authority’s administrative office at 437 South Pond St., Toccoa, GA.
In addition, a public hearing will be held at 437 South Pond St., Toccoa, GA on January 4, 2011, at 3:00 P.M., for public input and consideration by the Northeast Georgia Housing Authority Board of Commissioners.
Persons requiring assistance due to special needs or language barriers should provide one week’s notice by contacting the Northeast Georgia Housing Authority at (706) 886-9455.
Date: November 4, 2010
/s/H.L. Brantley
Executive Director
Equal Housing Opportunity
(NV10B/805PO1307-20)
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City of Baldwin
Delinquent Tax Report
2009 and Prior Years
Property Owner at Taxation: Bob Jackson Jr. & Anita Addison
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091 024C
Property Location: 458 Mallard Pond
Taxes Owed by Year: $641.19
Grand Total Due: $641.19
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: N/A
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $4,785.38
Grand Total Due: $16,779.38
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: BB&T
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $7,820.44
Grand Total Due:
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: Century Bank
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $3,498.31
Grand Total Due:
Property Owner at Taxation: Virgil Lovell
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23E 025
Property Location: 0.81 acres on Night Hawk Drive in Apple Pie Ridge SD Ph 3 Lot 8
Taxes Owed by Year: $87.62
Grand Total Due:
Property Owner at Taxation: Granny Smith Properties, Inc- Virgil Lovell
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $587.63
Grand Total Due:
Property Owner at Taxation: Penny S. Banks
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: , 052 084
Property Location: 1100 Chandler Heights Circle
Taxes Owed by Year: $97.70
Grand Total Due: $97.70
Property Owner at Taxation: Deborah Thomas Black
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22E 010A
Property Location: 305 Banks Ridge Trail
Taxes Owed by Year: $1,503.65
Grand Total Due: $1,503.65
Property Owner at Taxation: Robert C & Joann Carlyle
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 064
Property Location: 1.70 acres at cul-de-sac on Planter’s Knoll in Apple Pie Ridge SD, Ph. 5 Lot 2
Taxes Owed by Year: $99.05
Grand Total Due: $99.05
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 104
Property Location: 401 Baldwin Falls Road
Taxes Owed by Year: $890.12
Grand Total Due: $3,995.45
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091B004
Property Location: 1735 Willingham Avenue
Taxes Owed by Year: $2,111.21
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091D003
Property Location: 1.05 acres at NE corner of Willingham St. & Shore St.
Taxes Owed by Year: $377.72
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091D004
Property Location: 0.15 acres at Willingham & US 441
Taxes Owed by Year: $403.60
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 091D004A
Property Location: 0.29 acres at Willingham & US 441
Taxes Owed by Year: $58.56
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B22B 110
Property Location: 12.16 acres at the end of Hannah Hill Ln.
Taxes Owed by Year: $154.24
Grand Total Due:
Property Owner at Taxation: Tora Lynn Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 067
Property Location: 300 Baldwin Falls Road
Taxes Owed by Year: $347.55
Grand Total Due: $347.55
Property Owner at Taxation: Althea R. Cole Smith
Current Owner: Gaurang & Sandhya Naik
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B23I 036
Property Location: 1.61 acres on Planters Point Drive (AKA Lot #29 Planters Pointe S/D),
Taxes Owed by Year: $90.50
Grand Total Due: $90.50
Property Owner at Taxation: Morgan & Hubert Coton
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091C082
Property Location: 0.42 on old Candy Drive
Taxes Owed by Year: $15.91
Grand Total Due: $15.91
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 019
Property Location: 140 Industrial Blvd.
Taxes Owed by Year: $134.31
Grand Total Due: $768.42
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 038
Property Location: 950 Industrial Blvd.
Taxes Owed by Year: $604.24
Grand Total Due:
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 039
Property Location: 1.55 acres off Industrial Blvd.
Taxes Owed by Year: $29.87
Grand Total Due:
Property Owner at Taxation: Joseph Daniel Ferguson
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091C036A
Property Location: 0.43 acres on Walden Street
Taxes Owed by Year: $5.00
Grand Total Due: $5.00
Property Owner at Taxation: Mrs. Vance G Galloway
Current Owner: Same
Tax Year: 2006 2007 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 111
Property Location: 2.89 acres on Sunrise Ridge
Taxes Owed by Year: $97.85
Grand Total Due: $97.85
Property Owner at Taxation: Habersham Professional Park Realty Associates, LLC
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 089C007
Property Location: 1.49 acres on Professional Drive
Taxes Owed by Year: $363.14
Grand Total Due: $363.14
Property Owner at Taxation: Robin Haynes
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 091B029
Property Location: 1640 Willingham Avenue
Taxes Owed by Year: $21.51
Grand Total Due: $21.51
Property Owner at Taxation: Heritage Gardens LP
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091B006
Property Location: Heritage Garden Apartments
Taxes Owed by Year: $14,423.06
Grand Total Due: $14,423.06
Property Owner at Taxation: Highland Point Development, LLC
Current Owner: FDIC
Tax Year: 2007 2008
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Highland Point Subdivision
Taxes Owed by Year: $1,666.15
Grand Total Due: $1,666.15
Property Owner at Taxation: Barry A. & Angila H. Kerr
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 083
Property Location: 0.79 acres on Planters Point Drive in Apple Pie Ridge SD Ph 5 Lot 7
Taxes Owed by Year: $99.05
Grand Total Due: $99.05
Property Owner at Taxation: Ezra George McKenzie
Current Owner: BB&T
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 034
Property Location: 1.32 acres on Planters Pointe Ln. in Apple Pie Ridge SD Ph 5 Lot 31
Taxes Owed by Year: $252.25
Grand Total Due: $252.25
Property Owner at Taxation: Carolyn P McNeish
Current Owner: Thomas & Linda Deisel
Tax Year: 2009
Tax Type: Real Estate
[Full Story »]
Notice of Sale Under Power Contained in Security Deed
State of Georgia
County of Banks
Pursuant to a power of sale contained in a certain security deed executed by PAMELA JOHNSON, hereinafter referred to as Grantor, to NATIONAL REALTY ACCEPTANCE COMPANY, LC recorded in Deed Book 351, beginning at Page 644, of the deed Records of the Clerk of the Superior Court of the aforesaid state and county, and by virtue of a default in the payment of the debt secured by said security deed, the undersigned attorney-in-fact for the aforesaid Grantor (which attorney-in-fact is the present holder of said security deed and note secured thereby) will sell before the door of the Courthouse in said county within the legal hours of sale, for cash, to the highest bidder on the first Tuesday in December, 2010, the property which, as of the time of the execution of said security deed, was described as set forth in the attached Exhibit “A”.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, and all other matters of record superior to the said security deed.
The entity that has full authority to negotiate, amend, and modify all terms of the Note and Security Deed is First National Acceptance Company, 241 East Saginaw, Suite 500, East Lansing, MI 48826, 800-292-1550.
To the best of the undersigned’s knowledge and belief, the party in possession of the property is believed to be Pamela Johnson or tenant(s).
National Realty Acceptance Company, LC, As attorney-in-fact for the aforesaid Grantor
Campbell & Brannon, LLC
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
FNAC/Pamela Johnson/10-59711
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, containing 11.09 acres, more or less, as per plat of survey prepared for Harold E. Clark by Max Lewellen, Georgia registered surveyor, Dated May 13, 1996 and recorded in The Office of the superior court of Banks County, Georgia in Plat Book 20, Page 196, said plat, as recorded, is hereby referenced for a more detailed description of said property. Said tract is known as 1297 Duncan Road, Commerce, GA 30529 per the present system of numbering in Banks County, Georgia. Parcel ID B85-005.
1297 Duncan Road
Commerce, GA 30529
(NV10,17,24,DC1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RONALD L. TURNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 21, 2005, recorded in Deed Book 257, Page 531, Banks County, Georgia Records, as last transferred to AGFIRST FARM CREDIT BANK by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED THOUSAND AND 0/100 DOLLARS ($200,000.00), 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 December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Ronald L. Turner or a tenant or tenants and said property is more commonly known as 6804 Highway 441 N, 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.
AGFIRST FARM CREDIT BANK as Attorney in Fact for Ronald L. Turner
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 12/7/10
Our file no. 5223610-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1580 GMD of Banks County Georgia, containing 2.614 acres more or less as shown on plat of survey prepared by Roy A. Terrell, R.S., under date of October 17, 1978, a copy of said plat being recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book 7, Page 189, to which said plat and the record thereof reference is hereby made for a more complete description. MR/ste 12/7/10 Our file no. 5223610 - FT10
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from RONNY L. KNIGHT and TERESA D. KNIGHT to COMMUNITY BANK & TRUST dated August 30, 2007, recorded among Banks County, Georgia Records in Deed Book 311, Page 850, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010, and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in December, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Ronny L. Knight and Teresa D. Knight the following described property:
All that tract or parcel of land, lying and being in the 207th GMD, Banks County, Georgia, being Lot 11B, Hudson River Estates Subdivision as per plat recorded in Plat Book 28, Page 9 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
This conveyance is made subject to all zoning ordinances, easement and restrictions of record affecting said bargained premises.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the parties in possession are Ronny L. Knight and Teresa D. Knight or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Ronny L. Knight and Teresa D. Knight.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(NV10,17,24,DC1B/1326-60P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by WALTER G. HUGHES and RHONDA HUGHES to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for SUNTRUST MORTGAGE, INC., dated April 5, 2006, recorded in Deed Book 279, Page 514, Banks County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
To that certain Deed to Secure Debt from Walter G. Hughes to SunTrust Mortgage, Inc., dated April 5, 2006. All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, containing 30.00 acres, as shown on a plat of survey prepared for Walter G. Hughes by Davidson Land Surveying, Inc., dated March 20, 2006, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, Page 100, to which plat and the record thereof is hereby incorporated herein for a more complete description. It is the affirmative intention of the Undersigned and Lender to create and establish a perpetual or indefinite security interest in favor of Lender in the real property conveyed hereby, pursuant to O.C.G.A. §44-14-80(a)(2), and specifically to agree that title to the real property conveyed hereby shall not revert to Undersigned for a period of the late of (i): 20 years from the date of this conveyance or seven years from the maturity of the indebtedness secured hereby, or (ii) the date determined in accordance with O.C.G.A. §44-14-80(b) or §44-14-80(c), as applicable, if any portion or all of the indebtedness secured hereby is extended or renewed beyond the original maturity date thereof. In addition to all other covenants set forth herein, undersigned hereby agree that the perpetual or indefinite security interest hereby established also secures all loans, whenever made and in whatever form made, incident to the open end or other indebtedness provisions of this indenture.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Walter Glenn Hughes and Rhonda H. Hughes or a tenant or tenants and said property is more commonly known as 196 Harmony Church Road, Baldwin, Georgia 30511. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Walter G Hughes and Rhonda Hughes
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rap 12/7/10
Our file no. 1290310-FT3
(NV10,17,24,DC1B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County and Franklin County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SARA L. LONG and DONALD LONG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 30, 2002, recorded in Deed Book 198, Page 520, Banks County, Georgia Records and recorded in Deed Book ––, Page ––, Franklin County, Georgia Records,, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment recorded in Deed Book 356, Page 226, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($88,000.00), 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 December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Sara L. Long and aka Sara Lynn Long or a tenant or tenants and said property is more commonly known as 341 Neal Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Sara L. Long and Donald Long
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 12/7/10
Our file no. 53276109-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in Bushville District G.M Banks County, Georgia being Lot #1 containing 9.15 acres, more or less, as per survey for Imperial Group Ltd. by Clelland A Tyson G.R.L.S. #1515 dated January 20, 1977. A copy of said plat is recorded in Plat Book 6, Page 128 of the Banks County Superior Court Records and incorporated herein and made a part hereof as fully as if set out herein. MR/ste 12/7/10 Our file no. 53276109 - FT10
(NV10,17,24,DC1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by RACHEL BOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 13, 2003, recorded in Deed Book 221, Page 129, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in December, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Rachel Bond or a tenant or tenants and said property is more commonly known as 1099 Highway 59, 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.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP as Attorney in Fact for Rachel Bond
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 12/7/10
Our file no. 52939410-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, containing 0.26 acres, more or less, as per plat of survey prepared for Rachel Wood Bond by Venable & Associates, Inc., Georgia Registered Surveyor, dated December 15, 1997, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 22, Page 124. Said Plat as recorded, is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use. MR/ste 12/7/10 Our file no. 52939410 - FT10
(NV10,17,24,DC1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by STANLEY C. MISSLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for DELTA FUNDING CORP., dated February 18, 2005, recorded in Deed Book 254, Page 82, Banks County, Georgia Records, as last transferred to HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 by assignment recorded or to be recorded, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND TWO HUNDRED FIFTY DOLLARS ($71,250.00); with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in December 2010 the following described property:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 207th District, G.M., Banks County, Georgia, and being that 6.55 acres, more or less, as more particularly shown on a plat of survey prepared for Keith Whitfield by James M. Paul, Registered Surveyor, dated May 6, 1999, recorded in Plat Book 25, Page 86, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to restrictions of record, if any and existing easements and rights of way for public roads and utilities now in use.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Stanley C. Missler or a tenant or tenants and said property is more commonly known as 1523 Lord Rd., Commerce, GA 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF THE RENAISSANCE HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2005-1 as Attorney in Fact for Stanley C. Missler
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
Our File# 015151-001796
(NV10,17,24,DC1B/19109RSVP#260142-70T4P)
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Divorce Notice
In the Superior Court of Banks County
State of Georgia
Civil Action File No. 10CV597B
Andrew Dennis Curry, Plaintiff,
vs.
Jennifer Marie Curry, Defendant,
Notice
TO: Jennifer Marie Curry
3920 Club Drive
Duluth, Georgia 30096
By Order of the Court for service by publication dated October 20, 2010, you are hereby notified that on the 22 day of October, 2010, ANDREW DENNIS CURRY filed suit against you for divorce. You are required to file with the Clerk of the Superior Court, and to serve upon Plaintiff’s Attorney, Walter B. Harvey, P.O. Box 494, Jefferson, Georgia 30549, an answer in writing within sixty (60) days of October 22, 2010.
Witness, the Honorable James H. Booth, Judge of Banks County Superior Court.
This 22 day of October, 2010.
By: June Westbrook, Clerk
(NV3,10,17,24,B/1003-16P)
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House Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JAMES W. HOUSE, 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 25th day of October, 2010.
Diane Purcell
Executor/Administrator
188 Purcell Rd.
Homer, GA 30547
(NV3,10,17,24P4)
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Notice
of Publication
In the Superior Court
of Banks County
State of Georgia
Civil Action No. 10CV478m
U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2005-5.
Plaintiff,
v.
Shirley Worley and Eugene Worley,
Defendants,
To: Shirley Worley and Eugene Worley
457 Antioch Road
Lula, GA 30554
YOU ARE HEREBY notified that the above styled action seeking equitable relief against real property was filed in said Court on August 16, 2010 and that by reason of an order for service by publication entered by the Court on September 21, 2010, you are hereby commanded and required to file with the Clerk of said Court and Serve upon FRANK R. OLSON, Plaintiff’s Attorney, whose address is McCurdy & Candler, LLC, Six Piedmont Center, Suite 700, 3525 Piedmont Road, NE, Atlanta, Georgia 30305, an Answer to the complaint within sixty (60) days of September 21, 2010.
Witness the Honorable Currie M. Mingledorff II, Judge of Said Court.
This the 15th day of October, 2010.
By: Jenny B. Massey
Clerk, Superior Court of Banks County
Prepared by:
Frank R. Olson
Georgia Bar No: 553077
McCurdy Candler, LLC
Six Piedmont Center,
Suite 700
3525 Piedmont Road, NE
Atlanta, Georgia 30305
Attorney for Plaintiff
(OC27,NV3,10,17P4)
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Poole Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RONALD MICHAEL POOLE, 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 8th day of October, 2010.
Swayne Poole
Executor/Administrator
201 Brown Acres Rd.
Griffin, GA 30224
(OC20,27,NV3,10P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by TONY SMALLWOOD and DONNA SMALLWOOD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Nominee for TAYLOR, BEAN & WHITAKER MORTGAGE CORP., dated April 17, 2008, recorded in Deed Book 324, Page 703, Banks County, Georgia Records, as last transferred to OCWEN LOAN SERVICING, LLC by assignment to be recorded ___, Banks County, Georgia records conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY TWO THOUSAND AND NO/100 DOLLARS ($332,000.00); with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in December 2010 the following described property:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 2.500 acres, more or less, designated as Tract 2, on a final plat of survey prepared by Ingram, Lord & Associates, Registered Surveyor, dated July 26, 2006, recorded in Plat Book F, Page 114, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Ocwen Loan Servicing LLC, Attention Home Retention Department, 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409, 877-596-8580. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Tony Smallwood and Donna Smallwood or a tenant or tenants and said property is more commonly known as 1114 Scales Creek Rd,, Homer, GA 30547.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
OCWEN LOAN SERVICING, LLC as Attorney in Fact for Tony Smallwood and Donna Smallwood
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/KM 03/07/2010
Our File# 015151-003051
(NV10,17,24,DC2B/19109-60T4)
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Pubic Notice
This serves as notice to the public, of the establishment of a Hearing for consideration of adoption of revisions to all ordinances addressing Manufactured Homes in the City of Lula, Hall County, GA, And the adoption of an Ordinance known as “Minimum Health and Safety Standards for Pre-Owned Manufactured Homes Ordinance”. The city established a public hearing to be heard at 6:00 PM, Monday November 15th, at Lula City Hall 6055 Main Street, Lula, Georgia thus meeting the requirements and conditions found in of the city’s Zoning Ordinance and GA State Law Review of the procedural mechanism prescribed in the zoning ordinance for this hearing process will serve in the interest of all parties. The City of Lula encourages your participation in this fair and equitable process and welcomes your involvement in this orderly progression of the resolution to this particular adoption / revision as allowed by law.
(NV11B/3816-20)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Warranty Deed to Secure Debt With Power of Sale from (the “Grantor”) to and in favor of Community Bank & Trust (the “Lender”) dated April 4, 2002, filed for record April 15, 2002, and recorded in Deed Book 190, Pages 852-854, Banks County, Georgia records (the “Security Deed”); as modified by Loan Modification and Forebearance Agreement dated January 28, 2009, recorded in Deed Book 337, Pages 602-610, aforesaid records, securing that certain Promissory Note from DOUGLAS DUCKETT to and in favor of COMMUNITY BANK & TRUST dated June 19, 2008 in the original principal sum of TWO HUNDRED NINETY-EIGHT THOUSAND NINE HUNDRED FORTY-ONE AND 90/100 DOLLARS ($1298,941.90) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Banks County, Georgia, on the first Tuesday in December 2010, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in the 448th GMD of Banks County, Georgia and containing 24.22 acres, more or less, as shown on Plat of Survey prepared by Jeff Weshner, RLS, dated February 1, 2002 and said plat being recorded among Banks County, Georgia records in Plat Book 26, Page 168, reference to said plat is being made for a more full and complete description.
Also conveyed is a perpetual non-exclusive right of ingress and egress over and through a gravel and paved road from the above described property to Apple Pie Ridge Road as shown on the above referenced Plat of Survey.
Together with all buildings, structures, and other improvements of every kind and nature whatsoever now or hereafter situated on the Land and all machinery, equipment, fixtures, appliances, and building, construction, development and landscaping supplies and materials now or hereafter placed on or in the Land; and all of the things addressed in this paragraph whether generally or specifically shall be deemed to be fixtures and accessories to the freehold and a part of the Land as between the parties and all persons claiming, by through or under either of them; and
All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interest, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way nor or hereafter belonging, relating or appertaining to the Land or the improvements now or hereafter located thereon, or any part thereof, whether now or hereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land the improvements now or hereafter located thereon, or any part thereof; and all the estate, right title, interest, claim and demand whatsoever of Grantor in and to the same; and
Any and all rents which are now due or may hereafter become due by reason of the renting, leasing, and bailment of the Land or the improvements now or hereafter located thereon, or any part thereof; and
Any and all awards or payments, including interest thereon and the right to receive the same as a result of (i) the exercise of the right of eminent domain, (ii) any other injury to the taking of, or decrease in the value of, the Land or the improvements now or hereafter located thereon.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
Federal Deposit Insurance Corporation, as receiver for COMMUNITY BANK & TRUST, CORNELIA, GA As Attorney-in-Fact for Douglas Duckett (Borrower)
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
5775 Peachtree Dunwoody Road
Building C, Suite 150
Atlanta, GA 30342
(NV10,17,24,DC1P1)
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Public Hearing
Northeast Georgia Housing Authority
The Northeast Georgia Housing Authority has developed a Comprehensive Agency Plan in compliance with the Quality Housing and Work Responsibility Act of 1998. The Plan will be available November 16, 2010, for public review and comment at the Northeast Georgia Housing Authority’s administrative office at 437 South Pond St., Toccoa, GA.
In addition, a public hearing will be held at 437 South Pond St., Toccoa, GA on January 4, 2011, at 3:00 P.M., for public input and consideration by the Northeast Georgia Housing Authority Board of Commissioners.
Persons requiring assistance due to special needs or language barriers should provide one week’s notice by contacting the Northeast Georgia Housing Authority at (706) 886-9455.
Date: November 4, 2010
/s/H.L. Brantley
Executive Director
Equal Housing Opportunity
(NV10B/805PO1307-20)
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City of Baldwin
Delinquent Tax Report
2009 and Prior Years
Property Owner at Taxation: Bob Jackson Jr. & Anita Addison
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091 024C
Property Location: 458 Mallard Pond
Taxes Owed by Year: $641.19
Grand Total Due: $641.19
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: N/A
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $4,785.38
Grand Total Due: $16,779.38
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: BB&T
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $7,820.44
Grand Total Due:
Property Owner at Taxation: Apple Pie Ridge, LLC- Virgil Lovell
Current Owner: Century Bank
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $3,498.31
Grand Total Due:
Property Owner at Taxation: Virgil Lovell
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23E 025
Property Location: 0.81 acres on Night Hawk Drive in Apple Pie Ridge SD Ph 3 Lot 8
Taxes Owed by Year: $87.62
Grand Total Due:
Property Owner at Taxation: Granny Smith Properties, Inc- Virgil Lovell
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Apple Pie Ridge Subdivision
Taxes Owed by Year: $587.63
Grand Total Due:
Property Owner at Taxation: Penny S. Banks
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: , 052 084
Property Location: 1100 Chandler Heights Circle
Taxes Owed by Year: $97.70
Grand Total Due: $97.70
Property Owner at Taxation: Deborah Thomas Black
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B22E 010A
Property Location: 305 Banks Ridge Trail
Taxes Owed by Year: $1,503.65
Grand Total Due: $1,503.65
Property Owner at Taxation: Robert C & Joann Carlyle
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 064
Property Location: 1.70 acres at cul-de-sac on Planter’s Knoll in Apple Pie Ridge SD, Ph. 5 Lot 2
Taxes Owed by Year: $99.05
Grand Total Due: $99.05
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 104
Property Location: 401 Baldwin Falls Road
Taxes Owed by Year: $890.12
Grand Total Due: $3,995.45
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091B004
Property Location: 1735 Willingham Avenue
Taxes Owed by Year: $2,111.21
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091D003
Property Location: 1.05 acres at NE corner of Willingham St. & Shore St.
Taxes Owed by Year: $377.72
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: 091D004
Property Location: 0.15 acres at Willingham & US 441
Taxes Owed by Year: $403.60
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 091D004A
Property Location: 0.29 acres at Willingham & US 441
Taxes Owed by Year: $58.56
Grand Total Due:
Property Owner at Taxation: Bobby Joe Caudell
Current Owner: Same
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B22B 110
Property Location: 12.16 acres at the end of Hannah Hill Ln.
Taxes Owed by Year: $154.24
Grand Total Due:
Property Owner at Taxation: Tora Lynn Caudell
Current Owner: Same
Tax Year: 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 067
Property Location: 300 Baldwin Falls Road
Taxes Owed by Year: $347.55
Grand Total Due: $347.55
Property Owner at Taxation: Althea R. Cole Smith
Current Owner: Gaurang & Sandhya Naik
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: B23I 036
Property Location: 1.61 acres on Planters Point Drive (AKA Lot #29 Planters Pointe S/D),
Taxes Owed by Year: $90.50
Grand Total Due: $90.50
Property Owner at Taxation: Morgan & Hubert Coton
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091C082
Property Location: 0.42 on old Candy Drive
Taxes Owed by Year: $15.91
Grand Total Due: $15.91
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 019
Property Location: 140 Industrial Blvd.
Taxes Owed by Year: $134.31
Grand Total Due: $768.42
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 038
Property Location: 950 Industrial Blvd.
Taxes Owed by Year: $604.24
Grand Total Due:
Property Owner at Taxation: EJM Properties, LLC- Doug Emig, Etal
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 090 039
Property Location: 1.55 acres off Industrial Blvd.
Taxes Owed by Year: $29.87
Grand Total Due:
Property Owner at Taxation: Joseph Daniel Ferguson
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091C036A
Property Location: 0.43 acres on Walden Street
Taxes Owed by Year: $5.00
Grand Total Due: $5.00
Property Owner at Taxation: Mrs. Vance G Galloway
Current Owner: Same
Tax Year: 2006 2007 2009
Tax Type: Real Estate
Map & Parcel ID: B22B 111
Property Location: 2.89 acres on Sunrise Ridge
Taxes Owed by Year: $97.85
Grand Total Due: $97.85
Property Owner at Taxation: Habersham Professional Park Realty Associates, LLC
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 089C007
Property Location: 1.49 acres on Professional Drive
Taxes Owed by Year: $363.14
Grand Total Due: $363.14
Property Owner at Taxation: Robin Haynes
Current Owner: FDIC
Tax Year: 2008
Tax Type: Real Estate
Map & Parcel ID: 091B029
Property Location: 1640 Willingham Avenue
Taxes Owed by Year: $21.51
Grand Total Due: $21.51
Property Owner at Taxation: Heritage Gardens LP
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: 091B006
Property Location: Heritage Garden Apartments
Taxes Owed by Year: $14,423.06
Grand Total Due: $14,423.06
Property Owner at Taxation: Highland Point Development, LLC
Current Owner: FDIC
Tax Year: 2007 2008
Tax Type: Real Estate
Map & Parcel ID: Various
Property Location: Highland Point Subdivision
Taxes Owed by Year: $1,666.15
Grand Total Due: $1,666.15
Property Owner at Taxation: Barry A. & Angila H. Kerr
Current Owner: Same
Tax Year: 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 083
Property Location: 0.79 acres on Planters Point Drive in Apple Pie Ridge SD Ph 5 Lot 7
Taxes Owed by Year: $99.05
Grand Total Due: $99.05
Property Owner at Taxation: Ezra George McKenzie
Current Owner: BB&T
Tax Year: 2007 2008 2009
Tax Type: Real Estate
Map & Parcel ID: B23I 034
Property Location: 1.32 acres on Planters Pointe Ln. in Apple Pie Ridge SD Ph 5 Lot 31
Taxes Owed by Year: $252.25
Grand Total Due: $252.25
Property Owner at Taxation: Carolyn P McNeish
Current Owner: Thomas & Linda Deisel
Tax Year: 2009
Tax Type: Real Estate
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