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 ROBERT W BONE to JPMORGAN CHASE BANK, N.A., dated 05/15/2009, and Recorded on 05/20/2009 as Book No. 340 and Page Nos. 120-138, BANKS County, Georgia records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $135,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in October, 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 1.018 acres, more or less, designated as Lot 7, Block B, on a plat of survey for Hebron Place Subdivision, prepared by Landmark Engineering Corporation, Registered Surveyor, dated September 14, 2006, recorded in Plat G, at Page 49, 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 debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 141 MEADOW CREEK COURT, COMMERCE, GEORGIA 30530 is/are: ROBERT W BONE or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for ROBERT W BONE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432507
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Pursuant to the Power of Sale contained in a Security Deed given by KENNETH D. TEETS to WELLS FARGO BANK, NA dated 1/4/2006 and recorded in Deed Book 274, Page 181, Banks County, Georgia Records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of $68,820.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 (October 5, 2010), 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 1.03 acres, more or less, designated as Lot 8, Unit One, River Run Estates Subdivision, as more particularly shown on a plat of survey prepared for H. G. Harris by Russell Bartlett, Registered Surveyor, dated November 9, 1987, recorded at Plat Book 13, Page 99, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with an improvements and immovable fixture permanently attached thereto, a 1997 Cavalier Mobile Home, Vin 25327AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 284 Water Plant Road, Commerce GA 30529 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Kenneth D. Teets and Kelly S. Cronic or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Kenneth D. Teets
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
By virtue of the Power of Sale contained in a Security Deed given by Charles E. Davenport and KIMBERLY D. WINGFIELD to AMERICAN FARM PROPERTIES, INC., dated March 17, 1995, and recorded in Deed Book 104, Page 132, Banks County, Georgia Records, in the original principal amount of TWENTY-FIVE THOUSAND EIGHT HUNDGRED AND NO/100 DOLLARS ($25,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land, lying and being in the 208th District, G.M., Banks County, Georgia, and being known as Farm #6, in the Spring Lake Farms Subdivision as shown on a plat recorded in Plat Book 13, Page 81, in the Office of the Clerk of Banks County Superior Court, to which reference is made for a more complete description and containing 7.41 acres.
Said property is commonly known as 1570 GA Hwy. 164, Commerce, Georgia 30530.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events, default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Charles E. Davenport and Kimberly D. Wingfield or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Beverly Cooper at Hurdle Realty, Hurdle & Burch Building, 104-A East College Avenue, Post Office Box 788, Holly Springs, MS, 38635, (662) 252-4592, is the person who has full authority to negotiate, amend and modify all terms of the mortgage with the Debtor.
AMERICAN FARM PROPERTIES, INC. AS ATTORNEY-IN-FACT FOR CHARLES E. DAVENPORT and
KIMBERLY D. WINGFILED
Wanda L. Barnett & Associates, P.C.
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(SE8,15,22,29B/783-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from HAMMER’S GLEN, LLC to UNITED COMMUNITY BANK, dated June 8, 2006, recorded June 21, 2006, in Deed Book 283, Page 626, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 88, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC, 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in the Town of Homer, 265 and 1210 District, G.M., Banks County, Georgia, containing 10.313 acres, more or less, as shown on a plat of survey for Butch Hanson, prepared by Barry D. Lord, GRLS #2641, dated May 9, 2006, recorded in Plat Book F, Page 62, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to 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 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 HAMMER’S GLEN, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02489
(SE8,15,22,29B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale
in Deed to Secure Debt
State of Georgia
Counties of
Banks and Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GREG SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 6, 2007 and recorded on September 7, 2007, in Deed Book 312, Pages 107-109, Banks County, Georgia records and recorded on September 19, 2007 in Deed Book 50D, Pages 309-311, Jackson County, Georgia Records. These Security Deeds secure a Note dated September 6, 2007, in the original principal amount of $215,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 9.08 acres, more or less, designated as Tract 4, on a plat of survey prepared for the Estate of Gilbert Lord by Clelland A. Tyson, Registered Surveyor, dated February 25, 1981, recorded in Plat Book 8, Page 179, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 17, Page 210, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255 District, G.M., Jackson County, Georgia, and being that 3.81 acres, more or less, designated as Tract No. 4A; and that 4.24 acres, more or less, designated as Tract No. 4B, on a plat of survey prepared for Gene Shore by Slate & Assoc., Inc., Registered Surveyor, dated February 20, 2004, recorded in Plat Book 28, Page 101, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 65, Page 169, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a party hereof by reference for a more detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Greg Shore and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Greg Shore.
THIS PROPERTY IS LOCATED IN BANKS COUNTY AND JACKSON COUNTY, THE SALE OF THE PROPERTY PURSUANT TO THIS ADVERTISEMENT SHALL TAKE PLACE BEFORE THE COURTHOUSE DOORS IN BANKS COUNTY, GEORGIA ON THE FIRST TUESDAY IN OCTOBER, 2010.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Greg Shore
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(SE8,15,22,29P4)
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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 certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC. a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 09/27/2005, and recorded 09/29/2005, in Deed Book 267, Pages 29-34, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 465th District, G.M., Banks County, Georgia, designated as Lot 8, encompassing 1.59 acres, more or less, as shown on a plat of survey entitled “Survey For Sabrina K. Brady”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Land Surveyor No. 2629, dated January 15, 1998, and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia, in Plat Book 22, Page 146, which plat and the recording thereof are by reference incorporated herein for a more complete and detailed description, the Grantor/Borrower represents, covenants and agrees that the Mobile Home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
Also conveyed herewith is a 1996 Peachstate Mobile Home, VIN# PSHGA19225A and PSHGA19225B.
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 Russell Property Management, LLC. 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 Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-202
(SE8,15,22,29B/19761-70T4P)
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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 MISTY MCDUFFIE to COMMUNITY BANK AND TRUST dated 07/21/2008, and recorded 07/21/2008, in Deed Book 328, Pages 770-772, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Misty McDuffie 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 0.93 acres more or less, designated as Lot 4, on a Plat of Survey prepared for Eugene Montgomery by Max Lewallen, Registered Surveyor, dated November 18, 1983, recorded in Plat Book 10, Page 118, 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.
LESS AND EXCEPT: A fifteen foot (15 ft.) strip of land described and conveyed by Warranty Deed dated July 8, 1986 to Banks County as recorded in Deed Book 39, Page 640. Said tract being for a county road. Restrictive Covenant: No commercial animal or junk cars shall be placed upon the 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 Misty McDuffie 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 Misty McDuffie.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # 10-230
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from LEN B. DALTON, JR. to COMMUNITY BANK AND TRUST dated 06/18/2007, and recorded 07/26/2007, in Deed Book 309, Pages 567-569, 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 October, 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 1580 G.M.D. of Banks County, Georgia, containing 35.0 acres, more or less, as shown on a plat of survey for Len Dalton as prepared by Lovell, Duvall, Miller & Associates, Inc., dated September 26, 2006, revised October 26, 2006, and being recorded among Banks County, Georgia Records in Plat Book F, Page 119, 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
File # 10-235
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale from KIMBERLY DAWN MCELREATH & MISTY DAWN MCDUFFIE to COMMUNITY BANK AND TRUST dated 04/25/2007, and recorded 05/01/2007, in Deed Book 304, Pages 356-358, Banks County, Georgia Deed Records, as modified by that Renewal Loan Agreement recorded 04/20/2009 in Deed Book 338, Page 813, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kimberly Dawn McElreath & Misty Dawn McDuffie the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, being Lot 15 of Athena’s Way more particularly described and delineated according to a plat and survey prepared by Ingram Lord and Associates, certified by Barry D. Lord, Georgia Registered Land Surveyor, dated August 24, 2005 and recorded in Plat Book F, Page 18, in the office of the Clerk of Superior Court Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the 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 Kimberly Dawn McElreath & Misty Dawn McDuffie 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 Kimberly Dawn McElreath & Misty Dawn McDuffie.
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
Ad # F10-213
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC., a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 12/16/2005, and recorded 12/28/2005, in Deed Book 273, Pages 226-231, 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 October, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 465th GMD, of Banks County, Georgia, being Lot 12, River Run Estates, Unit Two, as per plat recorded in Plat Book 13, Page 98, records of Banks County, Georgia, which plat is incorporated herein by reference.
Also conveyed herewith is a 2000 Sweetwater Mobile Home, Manufacturers ID #SHGA5648A and #SHGA5648B.
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 Russell Property Management, LLC. 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 Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-203
(SE8,15,22,29B/19761-60T4P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from TERRY THOMAS to REGIONS BANK, dated July 9, 2009, recorded July 27, 2009, in Deed Book 343, Page 350, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of ONE HUNDRED FOUR THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND SEVENTY-FIVE CENTS ($104,568.75), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987 and recorded among Banks County, Georgia Records in Plat Book 13, Page 57, said plat being incorporated herein by reference for a more full and complete description. Also conveyed are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above-described property from U.S. Highway 441.
Said property being known as 235 Burma Road, Alto, GA 30510 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Terry Thomas or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Terry Thomas.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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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 HAMMER’S GLEN, LLC and GLEN H. HAMMER (hereinafter collectively referred to as “Debtor”) to UNITED COMMUNITY BANK, dated September 26, 2003, recorded October 1, 2003, in Deed Book 223, Page 448, Banks County, Georgia records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 91, Banks County, Georgia records, also that certain Assignment of Leases and Rents dated September 26, 2003, recorded in Deed Book 223, Page 470, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC; 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, containing 363.03 acres, more or less, and being more particularly described in that certain Plat of Survey by Hubert Lovell, Georgia Registered Surveyor No. 1553, dated April 2, 1997 and revised May 19, 1998, recorded in the real estate records of Banks County, Georgia in Plat Book B, Page 118. By this reference said plat is hereby incorporated for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.58 acres, more or less, and being more particularly described by plat of survey prepared for Scales Development Co., LLC dated March 22, 1999, by Hubert Love1l & Associates, recorded in Plat Book C, page 14, Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the Property.
LESS AND EXCEPT:
An that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.72 acres, more or less, and being more particularly described by plat of survey prepared for Scales Creek Development Co., LLC, dated March 24, 1999, by Hubert Love11 & Associates, recorded in Plat Book 24, page 33, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing one acre, more or less, and being Tracts One and Two as more particularly shown on a plat of survey prepared for Scales Creek Development Co., LLC, dated March 24, 1999, revised December 31, 2001, by Kenyon L. Miller, recorded in Plat Book 26, page 122, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being designated as Lots 1-19 and Lots 21-28 on a plat of survey prepared for Hammer’s Glen “The Reserve” Subdivision by Lovell, Duvall, Miller & Associates, Inc., Registered Land Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
All buildings, structures and improvements of every nature whatsoever now or hereafter situated on, under or above the land above described (the “Land”; the “Improvements”, together with the Land, collectively referred the “Property”); all easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights, minerals, flowers, shrubs, crops, trees, timber and other emblements now or hereafter located on the Land or under or above the same or any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Property or any part thereof or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Debtor, all right, title and interest of Debtor in all furnishings, furniture, fixtures, machinery, apparatus, equipment, fittings, appliances, building supplies and materials, vehicles (excluding Debtor’s personal automobiles), chattels, goods, consumer goods, farm products, inventory, warranties, chattel paper, documents, accounts, general intangibles, trade names, trademarks, service marks, logos (including any names, or symbols by which the Property is known) and goodwill related thereto, and all other articles of personal property of every kind and nature whatsoever, tangible or intangible, now, heretofore or hereafter arising out of or related to the ownership of the Property, or acquired with proceeds of any loan secured by that certain Deed to Secure Debt, Assignment and Security Agreement (the “Security Deed”) made by Debtor in favor of United Community Bank and conveying an interest in the Property, or located in, on or about the Property, or used or intended to be used with or in connection with the construction, use, operation or enjoyment of the Property (said real and personal property referred to above, together with the Property, being hereinafter referred to as the “Project”); all right, title and interest of Debtor in any and all leases, rental agreements and arrangements of any sort now or hereafter affecting the Project or any portion thereof and providing for or resulting in the payment of money to Debtor for the use of the Project or any portion thereof, whether the user enjoys the Project or any portion thereof as tenant for years, invitee, licensee, tenant at sufferance or otherwise, and irrespective of whether such leases, rental agreements and arrangements, be oral or written, including those certain leases, if any, more particularly described in the Security Deed, and including any and all extensions, renewals and modifications thereof (the “Leases”) and guaranties of the performance or obligations of any tenants or lessees thereunder, together with all income, rents, issues, profits and revenues from the Leases (including all tenant security deposits and all other tenant deposits, whether held by Debtor or in a trust account, and all other deposits and escrow funds relating to any Leases), and all the estates, right, title, interest, property, possession, claim and demand whatsoever at law, as well as in equity, of Debtor of, in and to the same; all right, title and interest of Debtor in, to and under all franchise agreements, management contracts, service contracts, utility contracts, leases of equipment, documents and agreements relating to the construction of any Improvements (including any and all construction contracts, architectural contracts, engineering contracts, designs, plans, specifications, drawings, surveys, tests, reports, bonds and governmental approvals) and all other contracts, licenses and permits now or hereafter affecting the Project or any part thereof and all guaranties and warranties with respect to any of the foregoing; all right, title and interest of Debtor in any insurance policies or binders now or hereafter relating to the Project, including any unearned premiums thereon; all right, title and interest of Debtor in any and all awards, payments, proceeds and the right to receive the same, either before or after any foreclosure hereunder, as a result of any temporary or permanent injury or damage to, taking of or decrease in the value of the Project by reason of casualty, condemnation or otherwise; all right, title and interest of Debtor in all utility, escrow and all other deposits (and all letters of credit, certificates of deposit, negotiable instruments and other rights and evidence of rights to cash) now or hereafter relating to the Project or the purchase, construction, or operation thereof, all right, title and interest of Debtor in all cash funds, deposit accounts, certificates of deposit, negotiable instruments and other rights and evidence of rights to cash, now or hereafter created under or held by United Community Bank; all claims and causes of action arising from or otherwise related to any of the foregoing, and all rights and judgments related to any legal actions in connection with such claims or causes of action, and all cash (or evidences of cash or of rights to cash) or other property or rights thereto relating to such claims or causes of action; all extensions, additions, improvements, betterments, renewals and replacements, substitutions, or proceeds of any of the foregoing, and all inventory, accounts, chattel paper, documents, instruments, equipment, fixtures, farm products, consumer goods, general intangibles and other property of any nature constituting proceeds acquired with proceeds of any of the property described hereinabove.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 HAMMER’S GLEN, LLC and GLEN H. HAMMER or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC and GLEN H. HAMMER
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02490
(SE8,15,22,29-B/16022-180T1P)
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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 KYLE A. UNBEHANT AND RACHEL L. WECKESSER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR HOMESTAR FINANCIAL CORPORATION, dated 04/26/2007, and Recorded on 05/14/2007 as Book No. 305 and Page Nos. 246-263, BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $123,525.00, 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in Hollingsworth District, G.M., Banks County, Georgia, and being shown and designated as Lot 12, containing 0.73 acres, more or less, as shown on plat of survey prepared for L & M Development by Holcomb Surveying, Inc., RLS, dated November 6, 2005, and recorded among Banks County, Georgia Records, in Plat Book 30, Page 27, said plat being incorporated herein by reference for a more full and complete description.
Subject to an easement for ingress and egress via the course of a gravel drive over and across Lot 12 leading to and from Moss Mill Road, a county road, as shown on plat of survey recorded among Banks County, Georgia Records in Plat Book 30, Page 28.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 693 MOSS MILL ROAD, BALDWIN, GEORGIA 30511 is/are: KYLE A. UNBEHANT and RACHEL L. WECKESSER or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for KYLE A UNBEHANT AND RACHEL L WECKESSER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432538
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
[Full Story »]
Public Notices
Banks County Public Records 09-08-10 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 DAVID W. AMERSON and BRENDA L. 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 October, 2010, 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 W. Amerson and Brenda L. 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 W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/dw0 10/5/10
Our file no. 1892809-FT1
(SE8,15,22,29B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated April 25, 2007, recorded in Deed Book 304, Page 643, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINETY-FIVE THOUSAND AND 0/100 DOLLARS ($295,000.00), 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 October, 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 Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 317 Riverwood Lake Road, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, N.A. as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 10/5/10
Our file no. 52245310-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia and being Lots 10 and 11, Phase Two of the Riverwood Subdivision, as shown on a plat recorded in Plat Book 13, Page 150 of the Banks County, Georgia Plat Records. Said plat and the record thereof is incorporated herein by reference for a more complete and accurate description of the subject property.
LESS AND ACCEPT a 10 foot strip of land for ingress and egress easement and for a horse trail, located on Lot 11 only, which runs along the southeasternmost boundary line of Lot 11 for the entire distance of said boundary, which was conveyed from Michael E. Booch to Martha R. Head, by Warranty Deed, dated May 26, 1993, and recorded in Deed Book 80, Page 748 of the Banks County Georgia Deed Records. MR/ste 10/5/10 Our file no. 52245310 - FT10
(SE8,15,22,29B/19698-70T1P)
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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 that certain Security Deed, dated October 3, 2002, executed by JOHN K. GROVES, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 200, Page 503, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $30,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain tract of land, containing 7.97 acres, more or less, known as the “John Jones Estate,” in the Poplar Springs (912th) District, G.M., of Banks County, State of Georgia; bounded now or formerly as follows: North by lands of Herbert Cape and Brenda B. McFadden; East by lands of Jones and Chitwood; South by lands of Rebecca B. Engle; and West by lands of Rebecca B. Engle and County Paved Road.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 10th day of October, 1980, and shown as Tract No. 3 therein, which plat is recorded in Plat Book 8, Page 107, of the Public Records of said Banks County and is by reference incorporated herein as part of this description.
Said lands are the identical lands described in that certain deed from Maggie Jones Bruce and Hammond C. Jones to Faythe B. Willis, dated September 10, 1981, and recorded in the Public Records of said Banks County, in Deed Book 24, Page 541.
The aforedescribed real property is also known as 126 Waterfront Way, Warner Robins, Georgia 31093, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of John K. Groves, Sr. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JOHN K. GROVES, SR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29B/1328-70T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 3, 2002, executed by JOHN K. GROVES, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 200, Page 503, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $30,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain tract of land, containing 7.97 acres, more or less, known as the “John Jones Estate,” in the Poplar Springs (912th) District, G.M., of Banks County, State of Georgia; bounded now or formerly as follows: North by lands of Herbert Cape and Brenda B. McFadden; East by lands of Jones and Chitwood; South by lands of Rebecca B. Engle; and West by lands of Rebecca B. Engle and County Paved Road.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 10th day of October, 1980, and shown as Tract No. 3 therein, which plat is recorded in Plat Book 8, Page 107, of the Public Records of said Banks County and is by reference incorporated herein as part of this description.
Said lands are the identical lands described in that certain deed from Maggie Jones Bruce and Hammond C. Jones to Faythe B. Willis, dated September 10, 1981, and recorded in the Public Records of said Banks County, in Deed Book 24, Page 541.
The aforedescribed real property is also known as 1446 Hickory Flat Road, Gillsville, Georgia 30543, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of John K. Groves, Sr. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JOHN K. GROVES, SR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
557304v1
007819-000955
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29B/1328-70T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by HENRY C. MORRIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 16, 2008, recorded in Deed Book 320, Page 407, 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 ONE HUNDRED NINETY-NINE THOUSAND THREE HUNDRED EIGHTY-EIGHT AND 0/100 DOLLARS ($199,388.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 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 Henry C. Morris or a tenant or tenants and said property is more commonly known as 140 Sullivan Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Henry C. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/wm2 10/5/10
Our file no. 52354110-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being shown as containing 1.06 acres, more or less, being Lot 35, Hidden Lake Subdivision, Phase 2, as per plat recorded in Plat Book C, Page 119, in the Office of the Clerk of Superior Court of Banks, County, Georgia, reference to which plat is made for a more complete description; and being improved property known as 140 Sullivan Drive, according to the present system of numbering property in the City of Homer, Banks County, Georgia. MR/wm2 10/5/10 Our file no. 52354110 - FT11
(SE8,15,22,29B/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 HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 10/5/10
Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, Page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/klm 10/5/10 Our file no. 52164209 - FT7
(SE8,15,22,29B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from H. BRENT NICHOLSON to FREEDOM BANK OF GEORGIA, NKA NORTHEAST GEORGIA BANK, dated March 3, 2008, and securing and original indebtedness in the amount of $206,000.00, and recorded at Deed Book 321, Pages 822-824, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in October, 2010, the following described property, to wit:
All that tract or parcel of land lying and being in the Poplar Springs, 912th GMD, Banks County, State of Georgia, consisting of 7.70 acres, more or less, and identified as Tract #2, according to a plat made by Max Lewallen, Land Surveyor, for the John Jones Estate, dated October 10, 1980 and recorded in Plat Book 8, Page 107, Banks County, Georgia, deed records. Said plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Nicholson, subject to any taxes, easements and assessments appearing of record.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best of the undersigned’s knowledge, the property is in the possession of H. Brent Nicholson.
Northeast Georgia Bank, as attorneys in fact for H. Brent Nicholson.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(SE8,15,22,29B/344-40)
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Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Civil Action No. 10AD10RS
Melanie Stammer, Plaintiff
Natalie Askew, Defendant
To: NATALIE ASKEW
By Order for service by publication dated the 30th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed suit against you for a minor child. S.H.T., born August 24, 2002. Petition seeking to terminate your parental rights relating to said child.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046-2171, an Answer in writing within sixty (60) days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)
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Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Ådoption No. 10AD11RS
In Re: Petition of Melanie Stammer
For Adoption of: SAVANNAH FAITH ASKEW and EMILY GRACE ASKEW, minor children.
To: NATALIE VICTORIA ASKEW
By order for service by publication dated the 10th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed a Petition seeking to terminate your parental rights relating to said children.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046, an answer in writing within 60 days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)
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Poole Estate
Probate Court
of Banks County
Notice
Re: Petition of SWAYNE L. POOLE to probate in solemn form the will of RONALD MICHAEL POOLE, deceased, upon which an order for service was granted by this Court on 8-10-10.
TO: Josh Poole, all interested parties and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before October 4, 2010.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(SE8,15,22,29P4)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate JUST CHARLEE’S, 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 339 Vaughn Rd., Homer, GA 30547, and its initial registered agent at such address is Shirlene Allen.
(SE8,15P2)
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Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAX JACKSON LEWALLEN , 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 24th day of August, 2010.
Jeannette Lewallen
Executor/Administrator
3399 Hwy. 63
Carnesville, GA 30521
(SE8,15,22,29P4)
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Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RICHEY LEWALLEN, 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 30th day of August, 2010.
Willadean Lewallen
Executor/Administrator
3044 Hwy. 51 N.
Carnesville, GA 30521
(SE8,15,22,29P4)
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Notice of
Service by
Publication
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 10CV271B
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., asset-backed pass-through certificates, Series 2005-R3
Plaintiff,
v.
TERRY D. NOELL and PENNY NOELL
Defendants.
TO: Terry D. Noell and Penny Noell
768 Murray Road
Homer, GA 30547
YOU ARE HEREBY notified that the above styled action seeking equitable relief against real property was filed in said Court on May 3, 2010, and that by reason of an order for service by publication entered by the Court on August 5, 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 August 5, 2010.
Witness the Honorable Joseph H. Booth, Judge of Said Court.
This the ____ day of _____, 2010.
By: _____, 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
(SE1,8,15,22P4)
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Inc. Notice
Notice is given that Articles of Incorporation that will incorporate SPN DRYWALL, 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 258 Peyton Road, Alto, GA 30510, and its initial registered agent at such address is Shelia Peyton Neave.
(SE1,8P2)
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Samples Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JUNO W. SAMPLES, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 19th day of August, 2010.
Robbie Lee Samples
Executor/Administrator
165 Ottis Ray Street
Homer, Georgia 30547
(SE1,8,15,22P4)
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Morris Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MINNIE RUTH MORRIS, 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 6th day of August, 2010.
Linda Wehunt
Executor/Administrator
2937 Gillsville Hwy.
Gainesville, GA 30507
(AU18,25,SE1,8P4)
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Wilbanks
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ANNIE RUTH S. WILBANKS, 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 20 day of August, 2010.
David Wilbanks
Executor/Administrator
6825 Highway 115 East
Cleveland, GA 30528
(SE1,8,15,22P4)
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY 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 W. AMERSON and BRENDA L. 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 October, 2010, 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 W. Amerson and Brenda L. 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 W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/dw0 10/5/10
Our file no. 1892809-FT1
(SE8,15,22,29B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated April 25, 2007, recorded in Deed Book 304, Page 643, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINETY-FIVE THOUSAND AND 0/100 DOLLARS ($295,000.00), 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 October, 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 Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 317 Riverwood Lake Road, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, N.A. as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 10/5/10
Our file no. 52245310-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia and being Lots 10 and 11, Phase Two of the Riverwood Subdivision, as shown on a plat recorded in Plat Book 13, Page 150 of the Banks County, Georgia Plat Records. Said plat and the record thereof is incorporated herein by reference for a more complete and accurate description of the subject property.
LESS AND ACCEPT a 10 foot strip of land for ingress and egress easement and for a horse trail, located on Lot 11 only, which runs along the southeasternmost boundary line of Lot 11 for the entire distance of said boundary, which was conveyed from Michael E. Booch to Martha R. Head, by Warranty Deed, dated May 26, 1993, and recorded in Deed Book 80, Page 748 of the Banks County Georgia Deed Records. MR/ste 10/5/10 Our file no. 52245310 - FT10
(SE8,15,22,29B/19698-70T1P)
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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 that certain Security Deed, dated October 3, 2002, executed by JOHN K. GROVES, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 200, Page 503, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $30,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain tract of land, containing 7.97 acres, more or less, known as the “John Jones Estate,” in the Poplar Springs (912th) District, G.M., of Banks County, State of Georgia; bounded now or formerly as follows: North by lands of Herbert Cape and Brenda B. McFadden; East by lands of Jones and Chitwood; South by lands of Rebecca B. Engle; and West by lands of Rebecca B. Engle and County Paved Road.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 10th day of October, 1980, and shown as Tract No. 3 therein, which plat is recorded in Plat Book 8, Page 107, of the Public Records of said Banks County and is by reference incorporated herein as part of this description.
Said lands are the identical lands described in that certain deed from Maggie Jones Bruce and Hammond C. Jones to Faythe B. Willis, dated September 10, 1981, and recorded in the Public Records of said Banks County, in Deed Book 24, Page 541.
The aforedescribed real property is also known as 126 Waterfront Way, Warner Robins, Georgia 31093, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of John K. Groves, Sr. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JOHN K. GROVES, SR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29B/1328-70T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 3, 2002, executed by JOHN K. GROVES, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 200, Page 503, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $30,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain tract of land, containing 7.97 acres, more or less, known as the “John Jones Estate,” in the Poplar Springs (912th) District, G.M., of Banks County, State of Georgia; bounded now or formerly as follows: North by lands of Herbert Cape and Brenda B. McFadden; East by lands of Jones and Chitwood; South by lands of Rebecca B. Engle; and West by lands of Rebecca B. Engle and County Paved Road.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 10th day of October, 1980, and shown as Tract No. 3 therein, which plat is recorded in Plat Book 8, Page 107, of the Public Records of said Banks County and is by reference incorporated herein as part of this description.
Said lands are the identical lands described in that certain deed from Maggie Jones Bruce and Hammond C. Jones to Faythe B. Willis, dated September 10, 1981, and recorded in the Public Records of said Banks County, in Deed Book 24, Page 541.
The aforedescribed real property is also known as 1446 Hickory Flat Road, Gillsville, Georgia 30543, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of John K. Groves, Sr. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JOHN K. GROVES, SR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
557304v1
007819-000955
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29B/1328-70T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by HENRY C. MORRIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 16, 2008, recorded in Deed Book 320, Page 407, 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 ONE HUNDRED NINETY-NINE THOUSAND THREE HUNDRED EIGHTY-EIGHT AND 0/100 DOLLARS ($199,388.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 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 Henry C. Morris or a tenant or tenants and said property is more commonly known as 140 Sullivan Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Henry C. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/wm2 10/5/10
Our file no. 52354110-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being shown as containing 1.06 acres, more or less, being Lot 35, Hidden Lake Subdivision, Phase 2, as per plat recorded in Plat Book C, Page 119, in the Office of the Clerk of Superior Court of Banks, County, Georgia, reference to which plat is made for a more complete description; and being improved property known as 140 Sullivan Drive, according to the present system of numbering property in the City of Homer, Banks County, Georgia. MR/wm2 10/5/10 Our file no. 52354110 - FT11
(SE8,15,22,29B/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 HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 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 Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 10/5/10
Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, Page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/klm 10/5/10 Our file no. 52164209 - FT7
(SE8,15,22,29B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from H. BRENT NICHOLSON to FREEDOM BANK OF GEORGIA, NKA NORTHEAST GEORGIA BANK, dated March 3, 2008, and securing and original indebtedness in the amount of $206,000.00, and recorded at Deed Book 321, Pages 822-824, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in October, 2010, the following described property, to wit:
All that tract or parcel of land lying and being in the Poplar Springs, 912th GMD, Banks County, State of Georgia, consisting of 7.70 acres, more or less, and identified as Tract #2, according to a plat made by Max Lewallen, Land Surveyor, for the John Jones Estate, dated October 10, 1980 and recorded in Plat Book 8, Page 107, Banks County, Georgia, deed records. Said plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Nicholson, subject to any taxes, easements and assessments appearing of record.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best of the undersigned’s knowledge, the property is in the possession of H. Brent Nicholson.
Northeast Georgia Bank, as attorneys in fact for H. Brent Nicholson.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(SE8,15,22,29B/344-40)
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Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Civil Action No. 10AD10RS
Melanie Stammer, Plaintiff
Natalie Askew, Defendant
To: NATALIE ASKEW
By Order for service by publication dated the 30th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed suit against you for a minor child. S.H.T., born August 24, 2002. Petition seeking to terminate your parental rights relating to said child.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046-2171, an Answer in writing within sixty (60) days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)
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Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Ådoption No. 10AD11RS
In Re: Petition of Melanie Stammer
For Adoption of: SAVANNAH FAITH ASKEW and EMILY GRACE ASKEW, minor children.
To: NATALIE VICTORIA ASKEW
By order for service by publication dated the 10th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed a Petition seeking to terminate your parental rights relating to said children.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046, an answer in writing within 60 days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)
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Poole Estate
Probate Court
of Banks County
Notice
Re: Petition of SWAYNE L. POOLE to probate in solemn form the will of RONALD MICHAEL POOLE, deceased, upon which an order for service was granted by this Court on 8-10-10.
TO: Josh Poole, all interested parties and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before October 4, 2010.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(SE8,15,22,29P4)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate JUST CHARLEE’S, 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 339 Vaughn Rd., Homer, GA 30547, and its initial registered agent at such address is Shirlene Allen.
(SE8,15P2)
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Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAX JACKSON LEWALLEN , 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 24th day of August, 2010.
Jeannette Lewallen
Executor/Administrator
3399 Hwy. 63
Carnesville, GA 30521
(SE8,15,22,29P4)
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Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RICHEY LEWALLEN, 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 30th day of August, 2010.
Willadean Lewallen
Executor/Administrator
3044 Hwy. 51 N.
Carnesville, GA 30521
(SE8,15,22,29P4)
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Notice of
Service by
Publication
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 10CV271B
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., asset-backed pass-through certificates, Series 2005-R3
Plaintiff,
v.
TERRY D. NOELL and PENNY NOELL
Defendants.
TO: Terry D. Noell and Penny Noell
768 Murray Road
Homer, GA 30547
YOU ARE HEREBY notified that the above styled action seeking equitable relief against real property was filed in said Court on May 3, 2010, and that by reason of an order for service by publication entered by the Court on August 5, 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 August 5, 2010.
Witness the Honorable Joseph H. Booth, Judge of Said Court.
This the ____ day of _____, 2010.
By: _____, 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
(SE1,8,15,22P4)
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Inc. Notice
Notice is given that Articles of Incorporation that will incorporate SPN DRYWALL, 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 258 Peyton Road, Alto, GA 30510, and its initial registered agent at such address is Shelia Peyton Neave.
(SE1,8P2)
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Samples Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JUNO W. SAMPLES, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 19th day of August, 2010.
Robbie Lee Samples
Executor/Administrator
165 Ottis Ray Street
Homer, Georgia 30547
(SE1,8,15,22P4)
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Morris Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MINNIE RUTH MORRIS, 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 6th day of August, 2010.
Linda Wehunt
Executor/Administrator
2937 Gillsville Hwy.
Gainesville, GA 30507
(AU18,25,SE1,8P4)
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Wilbanks
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ANNIE RUTH S. WILBANKS, 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 20 day of August, 2010.
David Wilbanks
Executor/Administrator
6825 Highway 115 East
Cleveland, GA 30528
(SE1,8,15,22P4)
Banks County Public Records 09-08-10 pt 1
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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 ROBERT W BONE to JPMORGAN CHASE BANK, N.A., dated 05/15/2009, and Recorded on 05/20/2009 as Book No. 340 and Page Nos. 120-138, BANKS County, Georgia records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $135,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in October, 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 1.018 acres, more or less, designated as Lot 7, Block B, on a plat of survey for Hebron Place Subdivision, prepared by Landmark Engineering Corporation, Registered Surveyor, dated September 14, 2006, recorded in Plat G, at Page 49, 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 debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 141 MEADOW CREEK COURT, COMMERCE, GEORGIA 30530 is/are: ROBERT W BONE or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for ROBERT W BONE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432507
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Pursuant to the Power of Sale contained in a Security Deed given by KENNETH D. TEETS to WELLS FARGO BANK, NA dated 1/4/2006 and recorded in Deed Book 274, Page 181, Banks County, Georgia Records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of $68,820.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 (October 5, 2010), 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 1.03 acres, more or less, designated as Lot 8, Unit One, River Run Estates Subdivision, as more particularly shown on a plat of survey prepared for H. G. Harris by Russell Bartlett, Registered Surveyor, dated November 9, 1987, recorded at Plat Book 13, Page 99, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with an improvements and immovable fixture permanently attached thereto, a 1997 Cavalier Mobile Home, Vin 25327AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 284 Water Plant Road, Commerce GA 30529 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Kenneth D. Teets and Kelly S. Cronic or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Kenneth D. Teets
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
By virtue of the Power of Sale contained in a Security Deed given by Charles E. Davenport and KIMBERLY D. WINGFIELD to AMERICAN FARM PROPERTIES, INC., dated March 17, 1995, and recorded in Deed Book 104, Page 132, Banks County, Georgia Records, in the original principal amount of TWENTY-FIVE THOUSAND EIGHT HUNDGRED AND NO/100 DOLLARS ($25,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land, lying and being in the 208th District, G.M., Banks County, Georgia, and being known as Farm #6, in the Spring Lake Farms Subdivision as shown on a plat recorded in Plat Book 13, Page 81, in the Office of the Clerk of Banks County Superior Court, to which reference is made for a more complete description and containing 7.41 acres.
Said property is commonly known as 1570 GA Hwy. 164, Commerce, Georgia 30530.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events, default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Charles E. Davenport and Kimberly D. Wingfield or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Beverly Cooper at Hurdle Realty, Hurdle & Burch Building, 104-A East College Avenue, Post Office Box 788, Holly Springs, MS, 38635, (662) 252-4592, is the person who has full authority to negotiate, amend and modify all terms of the mortgage with the Debtor.
AMERICAN FARM PROPERTIES, INC. AS ATTORNEY-IN-FACT FOR CHARLES E. DAVENPORT and
KIMBERLY D. WINGFILED
Wanda L. Barnett & Associates, P.C.
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(SE8,15,22,29B/783-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from HAMMER’S GLEN, LLC to UNITED COMMUNITY BANK, dated June 8, 2006, recorded June 21, 2006, in Deed Book 283, Page 626, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 88, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC, 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in the Town of Homer, 265 and 1210 District, G.M., Banks County, Georgia, containing 10.313 acres, more or less, as shown on a plat of survey for Butch Hanson, prepared by Barry D. Lord, GRLS #2641, dated May 9, 2006, recorded in Plat Book F, Page 62, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to 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 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 HAMMER’S GLEN, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02489
(SE8,15,22,29B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale
in Deed to Secure Debt
State of Georgia
Counties of
Banks and Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GREG SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 6, 2007 and recorded on September 7, 2007, in Deed Book 312, Pages 107-109, Banks County, Georgia records and recorded on September 19, 2007 in Deed Book 50D, Pages 309-311, Jackson County, Georgia Records. These Security Deeds secure a Note dated September 6, 2007, in the original principal amount of $215,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 9.08 acres, more or less, designated as Tract 4, on a plat of survey prepared for the Estate of Gilbert Lord by Clelland A. Tyson, Registered Surveyor, dated February 25, 1981, recorded in Plat Book 8, Page 179, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 17, Page 210, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255 District, G.M., Jackson County, Georgia, and being that 3.81 acres, more or less, designated as Tract No. 4A; and that 4.24 acres, more or less, designated as Tract No. 4B, on a plat of survey prepared for Gene Shore by Slate & Assoc., Inc., Registered Surveyor, dated February 20, 2004, recorded in Plat Book 28, Page 101, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 65, Page 169, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a party hereof by reference for a more detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Greg Shore and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Greg Shore.
THIS PROPERTY IS LOCATED IN BANKS COUNTY AND JACKSON COUNTY, THE SALE OF THE PROPERTY PURSUANT TO THIS ADVERTISEMENT SHALL TAKE PLACE BEFORE THE COURTHOUSE DOORS IN BANKS COUNTY, GEORGIA ON THE FIRST TUESDAY IN OCTOBER, 2010.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Greg Shore
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(SE8,15,22,29P4)
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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 certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC. a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 09/27/2005, and recorded 09/29/2005, in Deed Book 267, Pages 29-34, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 465th District, G.M., Banks County, Georgia, designated as Lot 8, encompassing 1.59 acres, more or less, as shown on a plat of survey entitled “Survey For Sabrina K. Brady”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Land Surveyor No. 2629, dated January 15, 1998, and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia, in Plat Book 22, Page 146, which plat and the recording thereof are by reference incorporated herein for a more complete and detailed description, the Grantor/Borrower represents, covenants and agrees that the Mobile Home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
Also conveyed herewith is a 1996 Peachstate Mobile Home, VIN# PSHGA19225A and PSHGA19225B.
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 Russell Property Management, LLC. 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 Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-202
(SE8,15,22,29B/19761-70T4P)
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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 MISTY MCDUFFIE to COMMUNITY BANK AND TRUST dated 07/21/2008, and recorded 07/21/2008, in Deed Book 328, Pages 770-772, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Misty McDuffie 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 0.93 acres more or less, designated as Lot 4, on a Plat of Survey prepared for Eugene Montgomery by Max Lewallen, Registered Surveyor, dated November 18, 1983, recorded in Plat Book 10, Page 118, 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.
LESS AND EXCEPT: A fifteen foot (15 ft.) strip of land described and conveyed by Warranty Deed dated July 8, 1986 to Banks County as recorded in Deed Book 39, Page 640. Said tract being for a county road. Restrictive Covenant: No commercial animal or junk cars shall be placed upon the 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 Misty McDuffie 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 Misty McDuffie.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # 10-230
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from LEN B. DALTON, JR. to COMMUNITY BANK AND TRUST dated 06/18/2007, and recorded 07/26/2007, in Deed Book 309, Pages 567-569, 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 October, 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 1580 G.M.D. of Banks County, Georgia, containing 35.0 acres, more or less, as shown on a plat of survey for Len Dalton as prepared by Lovell, Duvall, Miller & Associates, Inc., dated September 26, 2006, revised October 26, 2006, and being recorded among Banks County, Georgia Records in Plat Book F, Page 119, 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
File # 10-235
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale from KIMBERLY DAWN MCELREATH & MISTY DAWN MCDUFFIE to COMMUNITY BANK AND TRUST dated 04/25/2007, and recorded 05/01/2007, in Deed Book 304, Pages 356-358, Banks County, Georgia Deed Records, as modified by that Renewal Loan Agreement recorded 04/20/2009 in Deed Book 338, Page 813, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kimberly Dawn McElreath & Misty Dawn McDuffie the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, being Lot 15 of Athena’s Way more particularly described and delineated according to a plat and survey prepared by Ingram Lord and Associates, certified by Barry D. Lord, Georgia Registered Land Surveyor, dated August 24, 2005 and recorded in Plat Book F, Page 18, in the office of the Clerk of Superior Court Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the 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 Kimberly Dawn McElreath & Misty Dawn McDuffie 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 Kimberly Dawn McElreath & Misty Dawn McDuffie.
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
Ad # F10-213
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC., a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 12/16/2005, and recorded 12/28/2005, in Deed Book 273, Pages 226-231, 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 October, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 465th GMD, of Banks County, Georgia, being Lot 12, River Run Estates, Unit Two, as per plat recorded in Plat Book 13, Page 98, records of Banks County, Georgia, which plat is incorporated herein by reference.
Also conveyed herewith is a 2000 Sweetwater Mobile Home, Manufacturers ID #SHGA5648A and #SHGA5648B.
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 Russell Property Management, LLC. 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 Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-203
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from TERRY THOMAS to REGIONS BANK, dated July 9, 2009, recorded July 27, 2009, in Deed Book 343, Page 350, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of ONE HUNDRED FOUR THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND SEVENTY-FIVE CENTS ($104,568.75), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987 and recorded among Banks County, Georgia Records in Plat Book 13, Page 57, said plat being incorporated herein by reference for a more full and complete description. Also conveyed are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above-described property from U.S. Highway 441.
Said property being known as 235 Burma Road, Alto, GA 30510 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Terry Thomas or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Terry Thomas.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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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 HAMMER’S GLEN, LLC and GLEN H. HAMMER to UNITED COMMUNITY BANK, dated September 26, 2003, recorded October 1, 2003, in Deed Book 223, Page 448, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 91, Banks County, Georgia records, also that certain Assignment of Leases and Rents dated September 26, 2003, recorded in Deed Book 223, Page 470, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC; 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, containing 363.03 acres, more or less, and being more particularly described in that certain Plat of Survey by Hubert Lovell, Georgia Registered Surveyor No. 1553, dated April 2, 1997 and revised May 19, 1998, recorded in the real estate records of Banks County, Georgia in Plat Book B, Page 118. By this reference said plat is hereby incorporated for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being is the 1210th G.M. District, Banks County, Georgia, containing 0.58 acres, more or less, and being more particularly described by plat of survey prepared for Soales Development Co., LLC dated March 22, 1999, by Hubert Love1l & Associates, recorded in Plat Book C, Page 14, Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the Property.
LESS AND EXCEPT:
An that tract or pared of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.72 acres, more or less, and being more particularly described by plat of survey prepared for Soales Creek Development Co., LLC, dated March 24, 1999, by Hubert Love11 & Associates, recorded in Plat Book 24, Page 33, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing one acre, more or less, and being Tracts One and Two as more particularly shown on a plat of survey prepared for Soales Creek Development Co., LLC, dated March 24, 1999, revised December 31, 2001, by Kenyon L. Miller, recorded in Plat Book 26, Page 122, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in 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 HAMMER’S GLEN, LLC and GLEN H. HAMMER or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC and GLEN H. HAMMER
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02490
(SE8,15,22,29B/16022-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KYLE A. UNBEHANT AND RACHEL L. WECKESSER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR HOMESTAR FINANCIAL CORPORATION, dated 04/26/2007, and Recorded on 05/14/2007 as Book No. 305 and Page Nos. 246-263, BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $123,525.00, 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in Hollingsworth District, G.M., Banks County, Georgia, and being shown and designated as Lot 12, containing 0.73 acres, more or less, as shown on plat of survey prepared for L & M Development by Holcomb Surveying, Inc., RLS, dated November 6, 2005, and recorded among Banks County, Georgia Records, in Plat Book 30, Page 27, said plat being incorporated herein by reference for a more full and complete description.
Subject to an easement for ingress and egress via the course of a gravel drive over and across Lot 12 leading to and from Moss Mill Road, a county road, as shown on plat of survey recorded among Banks County, Georgia Records in Plat Book 30, Page 28.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 693 MOSS MILL ROAD, BALDWIN, GEORGIA 30511 is/are: KYLE A. UNBEHANT and RACHEL L. WECKESSER or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for KYLE A UNBEHANT AND RACHEL L WECKESSER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432538
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MATTHEW EUGENE GOSNELL and KATHERINE D. GOSNELL to REGIONS BANK, dated February 23, 2004, recorded March 3, 2004, in Deed Book 232, Page 28, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of FORTY-TWO THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND EIGHTY-TWO CENTS ($42,870.82), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land containing 34.91 acres, more or less, lying and being in the 265th District, G.M., of Banks County, Georgia, and more fully described as follows:
Beginning at a point on the Hudson River at the mouth of a creek entering said river from the Clark Property thence along the center line of the river generally as follows: north 61 degrees 24 minutes east 45.40 feet, and north 45 degrees 30 minutes east 177.5 feet and south 52 degrees 37 minutes east 130.5 feet and north 49 degrees 24 minutes east 91.7 feet and north 01 degrees 03 minutes west 156.9 feet and north 83 degrees 05 minutes east 78.7 feet and south 43 degrees 30 minutes east 252.7 feet and south 09 degrees 07 minutes east 318.3 feet and south 26 degrees 41 minutes east 164.4 and south 48 degrees 11 minutes east 104.37 feet; thence leaving the river south 23 degrees 35 minutes 28 seconds west 767.87 feet to an iron pin; thence north 69 degrees 37 minutes 32 seconds west 1825.7 feet; thence along line of Baines Property north 34 degrees 9 minutes east 457.07 feet; thence north 83 degrees 29 minutes east 977.5 feet to the beginning corner.
Together with right of access over existing field or Woods Road from County Road which leads to Highway 98, being same property shown in warranty deed from J.M. McCurry to Thomas Edward Ayers, dated June 30, 1982, recorded in the public records of Banks County in Deed Book 26, Page 416.
Less and Except:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 10.078 acres, more or less, as more particularly shown on a plat of survey prepared for Ned D. Sims and Yari D. Sims by Savage and Associates, Registered Surveyor, dated December 13, 2002, recorded in Plat Book 27, Page 164, 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 as more particularly shown on plat of survey referenced herein above.
Less and Except:
All that tract or parcel of land, containing 5.06 acres, more or less, in the 265th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by the Hudson River; east by Hudson River and lands of Matthew Gosnell; south by lands of Matthew Gosnell; and west by lands of Matthew Gosnell. Said tract of land being more particularly described according to a plat of survey prepared by David L. Ringo, Surveyor, on May 24, 2002, for Jonathon Gosnell, which plat is recorded in Plat Book 27, Page 61 of the public records of Banks County, and is by reference incorporated herein as part of this description.
Said property being known as 304 Marion Cape Drive, Homer, GA 30547 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Matthew Eugene Gosnell or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Matthew Eugene Gosnell and Katherine D. Gosnell.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
[Full Story »]
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 ROBERT W BONE to JPMORGAN CHASE BANK, N.A., dated 05/15/2009, and Recorded on 05/20/2009 as Book No. 340 and Page Nos. 120-138, BANKS County, Georgia records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $135,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in October, 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 1.018 acres, more or less, designated as Lot 7, Block B, on a plat of survey for Hebron Place Subdivision, prepared by Landmark Engineering Corporation, Registered Surveyor, dated September 14, 2006, recorded in Plat G, at Page 49, 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 debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 141 MEADOW CREEK COURT, COMMERCE, GEORGIA 30530 is/are: ROBERT W BONE or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for ROBERT W BONE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432507
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Pursuant to the Power of Sale contained in a Security Deed given by KENNETH D. TEETS to WELLS FARGO BANK, NA dated 1/4/2006 and recorded in Deed Book 274, Page 181, Banks County, Georgia Records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of $68,820.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 (October 5, 2010), 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 1.03 acres, more or less, designated as Lot 8, Unit One, River Run Estates Subdivision, as more particularly shown on a plat of survey prepared for H. G. Harris by Russell Bartlett, Registered Surveyor, dated November 9, 1987, recorded at Plat Book 13, Page 99, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with an improvements and immovable fixture permanently attached thereto, a 1997 Cavalier Mobile Home, Vin 25327AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 284 Water Plant Road, Commerce GA 30529 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Kenneth D. Teets and Kelly S. Cronic or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Kenneth D. Teets
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
By virtue of the Power of Sale contained in a Security Deed given by Charles E. Davenport and KIMBERLY D. WINGFIELD to AMERICAN FARM PROPERTIES, INC., dated March 17, 1995, and recorded in Deed Book 104, Page 132, Banks County, Georgia Records, in the original principal amount of TWENTY-FIVE THOUSAND EIGHT HUNDGRED AND NO/100 DOLLARS ($25,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land, lying and being in the 208th District, G.M., Banks County, Georgia, and being known as Farm #6, in the Spring Lake Farms Subdivision as shown on a plat recorded in Plat Book 13, Page 81, in the Office of the Clerk of Banks County Superior Court, to which reference is made for a more complete description and containing 7.41 acres.
Said property is commonly known as 1570 GA Hwy. 164, Commerce, Georgia 30530.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events, default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Charles E. Davenport and Kimberly D. Wingfield or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Beverly Cooper at Hurdle Realty, Hurdle & Burch Building, 104-A East College Avenue, Post Office Box 788, Holly Springs, MS, 38635, (662) 252-4592, is the person who has full authority to negotiate, amend and modify all terms of the mortgage with the Debtor.
AMERICAN FARM PROPERTIES, INC. AS ATTORNEY-IN-FACT FOR CHARLES E. DAVENPORT and
KIMBERLY D. WINGFILED
Wanda L. Barnett & Associates, P.C.
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(SE8,15,22,29B/783-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from HAMMER’S GLEN, LLC to UNITED COMMUNITY BANK, dated June 8, 2006, recorded June 21, 2006, in Deed Book 283, Page 626, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 88, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC, 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in the Town of Homer, 265 and 1210 District, G.M., Banks County, Georgia, containing 10.313 acres, more or less, as shown on a plat of survey for Butch Hanson, prepared by Barry D. Lord, GRLS #2641, dated May 9, 2006, recorded in Plat Book F, Page 62, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to 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 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 HAMMER’S GLEN, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02489
(SE8,15,22,29B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale
in Deed to Secure Debt
State of Georgia
Counties of
Banks and Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GREG SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 6, 2007 and recorded on September 7, 2007, in Deed Book 312, Pages 107-109, Banks County, Georgia records and recorded on September 19, 2007 in Deed Book 50D, Pages 309-311, Jackson County, Georgia Records. These Security Deeds secure a Note dated September 6, 2007, in the original principal amount of $215,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 9.08 acres, more or less, designated as Tract 4, on a plat of survey prepared for the Estate of Gilbert Lord by Clelland A. Tyson, Registered Surveyor, dated February 25, 1981, recorded in Plat Book 8, Page 179, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 17, Page 210, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255 District, G.M., Jackson County, Georgia, and being that 3.81 acres, more or less, designated as Tract No. 4A; and that 4.24 acres, more or less, designated as Tract No. 4B, on a plat of survey prepared for Gene Shore by Slate & Assoc., Inc., Registered Surveyor, dated February 20, 2004, recorded in Plat Book 28, Page 101, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 65, Page 169, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a party hereof by reference for a more detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Greg Shore and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Greg Shore.
THIS PROPERTY IS LOCATED IN BANKS COUNTY AND JACKSON COUNTY, THE SALE OF THE PROPERTY PURSUANT TO THIS ADVERTISEMENT SHALL TAKE PLACE BEFORE THE COURTHOUSE DOORS IN BANKS COUNTY, GEORGIA ON THE FIRST TUESDAY IN OCTOBER, 2010.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Greg Shore
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(SE8,15,22,29P4)
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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 certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC. a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 09/27/2005, and recorded 09/29/2005, in Deed Book 267, Pages 29-34, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 465th District, G.M., Banks County, Georgia, designated as Lot 8, encompassing 1.59 acres, more or less, as shown on a plat of survey entitled “Survey For Sabrina K. Brady”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Land Surveyor No. 2629, dated January 15, 1998, and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia, in Plat Book 22, Page 146, which plat and the recording thereof are by reference incorporated herein for a more complete and detailed description, the Grantor/Borrower represents, covenants and agrees that the Mobile Home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
Also conveyed herewith is a 1996 Peachstate Mobile Home, VIN# PSHGA19225A and PSHGA19225B.
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 Russell Property Management, LLC. 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 Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-202
(SE8,15,22,29B/19761-70T4P)
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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 MISTY MCDUFFIE to COMMUNITY BANK AND TRUST dated 07/21/2008, and recorded 07/21/2008, in Deed Book 328, Pages 770-772, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Misty McDuffie 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 0.93 acres more or less, designated as Lot 4, on a Plat of Survey prepared for Eugene Montgomery by Max Lewallen, Registered Surveyor, dated November 18, 1983, recorded in Plat Book 10, Page 118, 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.
LESS AND EXCEPT: A fifteen foot (15 ft.) strip of land described and conveyed by Warranty Deed dated July 8, 1986 to Banks County as recorded in Deed Book 39, Page 640. Said tract being for a county road. Restrictive Covenant: No commercial animal or junk cars shall be placed upon the 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 Misty McDuffie 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 Misty McDuffie.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # 10-230
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from LEN B. DALTON, JR. to COMMUNITY BANK AND TRUST dated 06/18/2007, and recorded 07/26/2007, in Deed Book 309, Pages 567-569, 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 October, 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 1580 G.M.D. of Banks County, Georgia, containing 35.0 acres, more or less, as shown on a plat of survey for Len Dalton as prepared by Lovell, Duvall, Miller & Associates, Inc., dated September 26, 2006, revised October 26, 2006, and being recorded among Banks County, Georgia Records in Plat Book F, Page 119, 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
File # 10-235
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale from KIMBERLY DAWN MCELREATH & MISTY DAWN MCDUFFIE to COMMUNITY BANK AND TRUST dated 04/25/2007, and recorded 05/01/2007, in Deed Book 304, Pages 356-358, Banks County, Georgia Deed Records, as modified by that Renewal Loan Agreement recorded 04/20/2009 in Deed Book 338, Page 813, 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 October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kimberly Dawn McElreath & Misty Dawn McDuffie the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, being Lot 15 of Athena’s Way more particularly described and delineated according to a plat and survey prepared by Ingram Lord and Associates, certified by Barry D. Lord, Georgia Registered Land Surveyor, dated August 24, 2005 and recorded in Plat Book F, Page 18, in the office of the Clerk of Superior Court Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the 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 Kimberly Dawn McElreath & Misty Dawn McDuffie 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 Kimberly Dawn McElreath & Misty Dawn McDuffie.
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
Ad # F10-213
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC., a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 12/16/2005, and recorded 12/28/2005, in Deed Book 273, Pages 226-231, 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 October, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 465th GMD, of Banks County, Georgia, being Lot 12, River Run Estates, Unit Two, as per plat recorded in Plat Book 13, Page 98, records of Banks County, Georgia, which plat is incorporated herein by reference.
Also conveyed herewith is a 2000 Sweetwater Mobile Home, Manufacturers ID #SHGA5648A and #SHGA5648B.
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 Russell Property Management, LLC. 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 Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-203
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from TERRY THOMAS to REGIONS BANK, dated July 9, 2009, recorded July 27, 2009, in Deed Book 343, Page 350, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of ONE HUNDRED FOUR THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND SEVENTY-FIVE CENTS ($104,568.75), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987 and recorded among Banks County, Georgia Records in Plat Book 13, Page 57, said plat being incorporated herein by reference for a more full and complete description. Also conveyed are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above-described property from U.S. Highway 441.
Said property being known as 235 Burma Road, Alto, GA 30510 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Terry Thomas or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Terry Thomas.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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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 HAMMER’S GLEN, LLC and GLEN H. HAMMER to UNITED COMMUNITY BANK, dated September 26, 2003, recorded October 1, 2003, in Deed Book 223, Page 448, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 91, Banks County, Georgia records, also that certain Assignment of Leases and Rents dated September 26, 2003, recorded in Deed Book 223, Page 470, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC; 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, containing 363.03 acres, more or less, and being more particularly described in that certain Plat of Survey by Hubert Lovell, Georgia Registered Surveyor No. 1553, dated April 2, 1997 and revised May 19, 1998, recorded in the real estate records of Banks County, Georgia in Plat Book B, Page 118. By this reference said plat is hereby incorporated for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being is the 1210th G.M. District, Banks County, Georgia, containing 0.58 acres, more or less, and being more particularly described by plat of survey prepared for Soales Development Co., LLC dated March 22, 1999, by Hubert Love1l & Associates, recorded in Plat Book C, Page 14, Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the Property.
LESS AND EXCEPT:
An that tract or pared of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.72 acres, more or less, and being more particularly described by plat of survey prepared for Soales Creek Development Co., LLC, dated March 24, 1999, by Hubert Love11 & Associates, recorded in Plat Book 24, Page 33, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing one acre, more or less, and being Tracts One and Two as more particularly shown on a plat of survey prepared for Soales Creek Development Co., LLC, dated March 24, 1999, revised December 31, 2001, by Kenyon L. Miller, recorded in Plat Book 26, Page 122, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in 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 HAMMER’S GLEN, LLC and GLEN H. HAMMER or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC and GLEN H. HAMMER
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02490
(SE8,15,22,29B/16022-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KYLE A. UNBEHANT AND RACHEL L. WECKESSER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR HOMESTAR FINANCIAL CORPORATION, dated 04/26/2007, and Recorded on 05/14/2007 as Book No. 305 and Page Nos. 246-263, BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $123,525.00, 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 October, 2010, the following described property:
All that tract or parcel of land lying and being in Hollingsworth District, G.M., Banks County, Georgia, and being shown and designated as Lot 12, containing 0.73 acres, more or less, as shown on plat of survey prepared for L & M Development by Holcomb Surveying, Inc., RLS, dated November 6, 2005, and recorded among Banks County, Georgia Records, in Plat Book 30, Page 27, said plat being incorporated herein by reference for a more full and complete description.
Subject to an easement for ingress and egress via the course of a gravel drive over and across Lot 12 leading to and from Moss Mill Road, a county road, as shown on plat of survey recorded among Banks County, Georgia Records in Plat Book 30, Page 28.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 693 MOSS MILL ROAD, BALDWIN, GEORGIA 30511 is/are: KYLE A. UNBEHANT and RACHEL L. WECKESSER or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for KYLE A UNBEHANT AND RACHEL L WECKESSER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432538
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MATTHEW EUGENE GOSNELL and KATHERINE D. GOSNELL to REGIONS BANK, dated February 23, 2004, recorded March 3, 2004, in Deed Book 232, Page 28, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of FORTY-TWO THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND EIGHTY-TWO CENTS ($42,870.82), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land containing 34.91 acres, more or less, lying and being in the 265th District, G.M., of Banks County, Georgia, and more fully described as follows:
Beginning at a point on the Hudson River at the mouth of a creek entering said river from the Clark Property thence along the center line of the river generally as follows: north 61 degrees 24 minutes east 45.40 feet, and north 45 degrees 30 minutes east 177.5 feet and south 52 degrees 37 minutes east 130.5 feet and north 49 degrees 24 minutes east 91.7 feet and north 01 degrees 03 minutes west 156.9 feet and north 83 degrees 05 minutes east 78.7 feet and south 43 degrees 30 minutes east 252.7 feet and south 09 degrees 07 minutes east 318.3 feet and south 26 degrees 41 minutes east 164.4 and south 48 degrees 11 minutes east 104.37 feet; thence leaving the river south 23 degrees 35 minutes 28 seconds west 767.87 feet to an iron pin; thence north 69 degrees 37 minutes 32 seconds west 1825.7 feet; thence along line of Baines Property north 34 degrees 9 minutes east 457.07 feet; thence north 83 degrees 29 minutes east 977.5 feet to the beginning corner.
Together with right of access over existing field or Woods Road from County Road which leads to Highway 98, being same property shown in warranty deed from J.M. McCurry to Thomas Edward Ayers, dated June 30, 1982, recorded in the public records of Banks County in Deed Book 26, Page 416.
Less and Except:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 10.078 acres, more or less, as more particularly shown on a plat of survey prepared for Ned D. Sims and Yari D. Sims by Savage and Associates, Registered Surveyor, dated December 13, 2002, recorded in Plat Book 27, Page 164, 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 as more particularly shown on plat of survey referenced herein above.
Less and Except:
All that tract or parcel of land, containing 5.06 acres, more or less, in the 265th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by the Hudson River; east by Hudson River and lands of Matthew Gosnell; south by lands of Matthew Gosnell; and west by lands of Matthew Gosnell. Said tract of land being more particularly described according to a plat of survey prepared by David L. Ringo, Surveyor, on May 24, 2002, for Jonathon Gosnell, which plat is recorded in Plat Book 27, Page 61 of the public records of Banks County, and is by reference incorporated herein as part of this description.
Said property being known as 304 Marion Cape Drive, Homer, GA 30547 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Matthew Eugene Gosnell or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Matthew Eugene Gosnell and Katherine D. Gosnell.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
[Full Story »]
Banks County Public Records 09-01-10
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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 N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-06022
(AU11,18,25,SE1B/224-60)
gpn11
Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04171
(AU11,18,25,SE1B/224-80)
gpn11
Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-5247
(AU11,18,25,SE1B/224-60)
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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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 Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/1325-90)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/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 MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. Please understand that the secured creditor is not 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, 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.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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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 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 September 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
(AU11,18,25,SE1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in that certain Deed to Secure Debt/Security Deed executed by LEQUITA JUANISHA STOCKTON and ROYCE CHADWICK STOCKTON to NEW CENTURY MORTGAGE CORPORATION, dated June 8, 2006, and recorded in Book 283, Page 278, and further assigned to Wells Fargo Bank N.A., Banks County, Georgia Records, said Deed to Secure Debt/Security Deed having been given to secure a Note dated June 8, 2006, in the original principal sum of ONE HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED TEN AND NO/100 ($125,910.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, 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 September, 2010, the property described as:
All that tract or parcel of land lying and being in the 465th G.M.D. of Banks County, Georgia, and being more particularly described as Lot #9, containing 0.770 acres, as shown on a plat of survey of Oak Grove Estates prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated 03/25/1987, recorded in Plat book A, Page 32, Banks County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
This is a portion of the same property conveyed to Lassiter Properties, Inc. by Warranty Deed dated 6/29/83, recorded in Deed Book 29, pages 30-31, Banks County records.
This conveyance is made subject to the Restrictive Covenants filed for Oak Grove Estates dated, November 23, 1992, recorded in Deed Book 75, Page 703, Banks County Records, and the Restrictive Covenants filed for Red Oak Farms dated 11/23/1992, recorded in Book 75, page 700 Banks County Records.
Parcel No.: B32-064A
which has the property address of 106 Grove Drive, Maysville, GA 30558, together with all fixtures and other personal property conveyed by said deed.
The debt secured by said Deed to Secure Debt/Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton, subject to the outstanding ad valorem taxes and/or assessments, if any, and all rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record having priority over this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton 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 Deed to Secure Debt/Security Deed.
Wells Fargo Bank N.A. as attorney-in-fact for Lequita Juanisha Stockton and Royce Chadwick Stockton
Wells Fargo Bank N.A.
Attn: Loss Mitigation
1610 E. St. Andrew Place
Suite B150
Santa Ana, CA 92705
949-517-7000
By: Trustee Management Company
10975 El Monte, Suite 225
Overland Park, KS 66211
1-800-478-2580
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1P4)
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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 (“Security Deed”) executed by VINCE F. REED in favor of COMMUNITY BANK & TRUST dated August 13, 2007, and recorded at Deed Book 311, Pages 60-64 of the Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in September, that being September 7, 2010, the following described property:
All that tract or parcel of land lying and being in the 1580 GMD, Banks County, Georgia, being Lot 8, 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.
This conveyance is made subject to all zoning ordinances, easements, and restrictions of record affecting said bargained premises.
Said property is located at: 146 Timber Ridge Lane, Alto, GA 30510
The debt secured by said Security Deed is evidenced by a Commercial Promissory Note (the “Note”), dated August 1, 2008 in the original principal amount of $136,310.00, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Vince F. Reed, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Vince F. Reed and will be sold as the property of Vince F. Reed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Vince F. Reed
By: SCBT, NA, as successor in interest to Community Bank & Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(AU11,18,25,SE1B/417-50T1P)
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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 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 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 September, 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 9/7/10
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. MR/tlj 9/7/10 Our file no. 5564410 - FT14
(AU11,18,25,SE1B/19698-70T1P)
[Full Story »]
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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 N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-06022
(AU11,18,25,SE1B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04171
(AU11,18,25,SE1B/224-80)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-5247
(AU11,18,25,SE1B/224-60)
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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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 Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/1325-90)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. Please understand that the secured creditor is not 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, 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.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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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 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 September 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
(AU11,18,25,SE1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in that certain Deed to Secure Debt/Security Deed executed by LEQUITA JUANISHA STOCKTON and ROYCE CHADWICK STOCKTON to NEW CENTURY MORTGAGE CORPORATION, dated June 8, 2006, and recorded in Book 283, Page 278, and further assigned to Wells Fargo Bank N.A., Banks County, Georgia Records, said Deed to Secure Debt/Security Deed having been given to secure a Note dated June 8, 2006, in the original principal sum of ONE HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED TEN AND NO/100 ($125,910.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, 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 September, 2010, the property described as:
All that tract or parcel of land lying and being in the 465th G.M.D. of Banks County, Georgia, and being more particularly described as Lot #9, containing 0.770 acres, as shown on a plat of survey of Oak Grove Estates prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated 03/25/1987, recorded in Plat book A, Page 32, Banks County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
This is a portion of the same property conveyed to Lassiter Properties, Inc. by Warranty Deed dated 6/29/83, recorded in Deed Book 29, pages 30-31, Banks County records.
This conveyance is made subject to the Restrictive Covenants filed for Oak Grove Estates dated, November 23, 1992, recorded in Deed Book 75, Page 703, Banks County Records, and the Restrictive Covenants filed for Red Oak Farms dated 11/23/1992, recorded in Book 75, page 700 Banks County Records.
Parcel No.: B32-064A
which has the property address of 106 Grove Drive, Maysville, GA 30558, together with all fixtures and other personal property conveyed by said deed.
The debt secured by said Deed to Secure Debt/Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton, subject to the outstanding ad valorem taxes and/or assessments, if any, and all rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record having priority over this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton 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 Deed to Secure Debt/Security Deed.
Wells Fargo Bank N.A. as attorney-in-fact for Lequita Juanisha Stockton and Royce Chadwick Stockton
Wells Fargo Bank N.A.
Attn: Loss Mitigation
1610 E. St. Andrew Place
Suite B150
Santa Ana, CA 92705
949-517-7000
By: Trustee Management Company
10975 El Monte, Suite 225
Overland Park, KS 66211
1-800-478-2580
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1P4)
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 Deed to Secure Debt (“Security Deed”) executed by VINCE F. REED in favor of COMMUNITY BANK & TRUST dated August 13, 2007, and recorded at Deed Book 311, Pages 60-64 of the Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in September, that being September 7, 2010, the following described property:
All that tract or parcel of land lying and being in the 1580 GMD, Banks County, Georgia, being Lot 8, 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.
This conveyance is made subject to all zoning ordinances, easements, and restrictions of record affecting said bargained premises.
Said property is located at: 146 Timber Ridge Lane, Alto, GA 30510
The debt secured by said Security Deed is evidenced by a Commercial Promissory Note (the “Note”), dated August 1, 2008 in the original principal amount of $136,310.00, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Vince F. Reed, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Vince F. Reed and will be sold as the property of Vince F. Reed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Vince F. Reed
By: SCBT, NA, as successor in interest to Community Bank & Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(AU11,18,25,SE1B/417-50T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 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 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 September, 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 9/7/10
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. MR/tlj 9/7/10 Our file no. 5564410 - FT14
(AU11,18,25,SE1B/19698-70T1P)
[Full Story »]
Banks County Public Records 08-25-10
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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 N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-06022
(AU11,18,25,SE1B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04171
(AU11,18,25,SE1B/224-80)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-5247
(AU11,18,25,SE1B/224-60)
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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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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 Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/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 JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/1325-90)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. Please understand that the secured creditor is not 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, 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.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/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 BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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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 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 September 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
(AU11,18,25,SE1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in that certain Deed to Secure Debt/Security Deed executed by LEQUITA JUANISHA STOCKTON and ROYCE CHADWICK STOCKTON to NEW CENTURY MORTGAGE CORPORATION, dated June 8, 2006, and recorded in Book 283, Page 278, and further assigned to Wells Fargo Bank N.A., Banks County, Georgia Records, said Deed to Secure Debt/Security Deed having been given to secure a Note dated June 8, 2006, in the original principal sum of ONE HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED TEN AND NO/100 ($125,910.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, 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 September, 2010, the property described as:
All that tract or parcel of land lying and being in the 465th G.M.D. of Banks County, Georgia, and being more particularly described as Lot #9, containing 0.770 acres, as shown on a plat of survey of Oak Grove Estates prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated 03/25/1987, recorded in Plat book A, Page 32, Banks County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
This is a portion of the same property conveyed to Lassiter Properties, Inc. by Warranty Deed dated 6/29/83, recorded in Deed Book 29, pages 30-31, Banks County records.
This conveyance is made subject to the Restrictive Covenants filed for Oak Grove Estates dated, November 23, 1992, recorded in Deed Book 75, Page 703, Banks County Records, and the Restrictive Covenants filed for Red Oak Farms dated 11/23/1992, recorded in Book 75, page 700 Banks County Records.
Parcel No.: B32-064A
which has the property address of 106 Grove Drive, Maysville, GA 30558, together with all fixtures and other personal property conveyed by said deed.
The debt secured by said Deed to Secure Debt/Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton, subject to the outstanding ad valorem taxes and/or assessments, if any, and all rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record having priority over this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton 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 Deed to Secure Debt/Security Deed.
Wells Fargo Bank N.A. as attorney-in-fact for Lequita Juanisha Stockton and Royce Chadwick Stockton
Wells Fargo Bank N.A.
Attn: Loss Mitigation
1610 E. St. Andrew Place
Suite B150
Santa Ana, CA 92705
949-517-7000
By: Trustee Management Company
10975 El Monte, Suite 225
Overland Park, KS 66211
1-800-478-2580
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW W. SIBCY and TARESA L. SIBCY to CHASE MANHATTAN MORTGAGE CORPORATION, dated October 20, 2003, recorded in Deed Book 224, Page 837, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-THREE THOUSAND AND 0/100 DOLLARS ($133,000.00), 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 September, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew W. Sibcy and Taresa L. Sibcy or a tenant or tenants and said property is more commonly known as 225 Scales Creek Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC sbm Chase Manhattan Mortgage Corporation as Attorney in Fact for Matthew W. Sibcy and Taresa L. Sibcy
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jwy 9/7/10
Our file no. 52073810-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Homer, 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less. Designated as Lot No. 7 of Hill & Hill Development, as more particularly shown on a plat of survey prepared for Judith L. Hill & Mary Hill Towns by G. Brian Slate, Registered Surveyor, dated April 24, 2001, revised May 4, 2001, further revised April 22, 2003, and recorded at Plat Book 27, Page 135, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/jwy 9/7/10 Our file no. 52073810 - FT18
(AU11,18,25,SE1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (“Security Deed”) executed by VINCE F. REED in favor of COMMUNITY BANK & TRUST dated August 13, 2007, and recorded at Deed Book 311, Pages 60-64 of the Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in September, that being September 7, 2010, the following described property:
All that tract or parcel of land lying and being in the 1580 GMD, Banks County, Georgia, being Lot 8, 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.
This conveyance is made subject to all zoning ordinances, easements, and restrictions of record affecting said bargained premises.
Said property is located at: 146 Timber Ridge Lane, Alto, GA 30510
The debt secured by said Security Deed is evidenced by a Commercial Promissory Note (the “Note”), dated August 1, 2008 in the original principal amount of $136,310.00, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Vince F. Reed, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Vince F. Reed and will be sold as the property of Vince F. Reed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Vince F. Reed
By: SCBT, NA, as successor in interest to Community Bank & Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(AU11,18,25,SE1B/417-50T1P)
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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 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 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 September, 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 9/7/10
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. MR/tlj 9/7/10 Our file no. 5564410 - FT14
(AU11,18,25,SE1B/19698-70T1P)
[Full Story »]
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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 N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-06022
(AU11,18,25,SE1B/224-60)
gpn11
Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04171
(AU11,18,25,SE1B/224-80)
gpn11
Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-5247
(AU11,18,25,SE1B/224-60)
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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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 Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/1325-90)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. Please understand that the secured creditor is not 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, 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.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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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 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 September 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
(AU11,18,25,SE1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in that certain Deed to Secure Debt/Security Deed executed by LEQUITA JUANISHA STOCKTON and ROYCE CHADWICK STOCKTON to NEW CENTURY MORTGAGE CORPORATION, dated June 8, 2006, and recorded in Book 283, Page 278, and further assigned to Wells Fargo Bank N.A., Banks County, Georgia Records, said Deed to Secure Debt/Security Deed having been given to secure a Note dated June 8, 2006, in the original principal sum of ONE HUNDRED TWENTY-FIVE THOUSAND NINE HUNDRED TEN AND NO/100 ($125,910.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, 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 September, 2010, the property described as:
All that tract or parcel of land lying and being in the 465th G.M.D. of Banks County, Georgia, and being more particularly described as Lot #9, containing 0.770 acres, as shown on a plat of survey of Oak Grove Estates prepared by Timberland Management Services, Inc., W.W. Lester, RLS #2128, dated 03/25/1987, recorded in Plat book A, Page 32, Banks County Records. The description of said property as contained on said plat is hereby incorporated herein and by reference made a part hereof.
This is a portion of the same property conveyed to Lassiter Properties, Inc. by Warranty Deed dated 6/29/83, recorded in Deed Book 29, pages 30-31, Banks County records.
This conveyance is made subject to the Restrictive Covenants filed for Oak Grove Estates dated, November 23, 1992, recorded in Deed Book 75, Page 703, Banks County Records, and the Restrictive Covenants filed for Red Oak Farms dated 11/23/1992, recorded in Book 75, page 700 Banks County Records.
Parcel No.: B32-064A
which has the property address of 106 Grove Drive, Maysville, GA 30558, together with all fixtures and other personal property conveyed by said deed.
The debt secured by said Deed to Secure Debt/Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton, subject to the outstanding ad valorem taxes and/or assessments, if any, and all rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record having priority over this Deed to Secure Debt/Security Deed.
Said property will be sold as the property of Lequita Juanisha Stockton and Royce Chadwick Stockton 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 Deed to Secure Debt/Security Deed.
Wells Fargo Bank N.A. as attorney-in-fact for Lequita Juanisha Stockton and Royce Chadwick Stockton
Wells Fargo Bank N.A.
Attn: Loss Mitigation
1610 E. St. Andrew Place
Suite B150
Santa Ana, CA 92705
949-517-7000
By: Trustee Management Company
10975 El Monte, Suite 225
Overland Park, KS 66211
1-800-478-2580
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MATTHEW W. SIBCY and TARESA L. SIBCY to CHASE MANHATTAN MORTGAGE CORPORATION, dated October 20, 2003, recorded in Deed Book 224, Page 837, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-THREE THOUSAND AND 0/100 DOLLARS ($133,000.00), 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 September, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Matthew W. Sibcy and Taresa L. Sibcy or a tenant or tenants and said property is more commonly known as 225 Scales Creek Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC sbm Chase Manhattan Mortgage Corporation as Attorney in Fact for Matthew W. Sibcy and Taresa L. Sibcy
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jwy 9/7/10
Our file no. 52073810-FT18
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Homer, 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less. Designated as Lot No. 7 of Hill & Hill Development, as more particularly shown on a plat of survey prepared for Judith L. Hill & Mary Hill Towns by G. Brian Slate, Registered Surveyor, dated April 24, 2001, revised May 4, 2001, further revised April 22, 2003, and recorded at Plat Book 27, Page 135, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/jwy 9/7/10 Our file no. 52073810 - FT18
(AU11,18,25,SE1B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (“Security Deed”) executed by VINCE F. REED in favor of COMMUNITY BANK & TRUST dated August 13, 2007, and recorded at Deed Book 311, Pages 60-64 of the Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in September, that being September 7, 2010, the following described property:
All that tract or parcel of land lying and being in the 1580 GMD, Banks County, Georgia, being Lot 8, 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.
This conveyance is made subject to all zoning ordinances, easements, and restrictions of record affecting said bargained premises.
Said property is located at: 146 Timber Ridge Lane, Alto, GA 30510
The debt secured by said Security Deed is evidenced by a Commercial Promissory Note (the “Note”), dated August 1, 2008 in the original principal amount of $136,310.00, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Vince F. Reed, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Vince F. Reed and will be sold as the property of Vince F. Reed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Vince F. Reed
By: SCBT, NA, as successor in interest to Community Bank & Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(AU11,18,25,SE1B/417-50T1P)
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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 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 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 September, 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 9/7/10
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. MR/tlj 9/7/10 Our file no. 5564410 - FT14
(AU11,18,25,SE1B/19698-70T1P)
[Full Story »]
Banks County Public Records 08-18-10 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 THEODORE K. DARGIN and WILLIAM T. DARGIN, SR. to WELLS FARGO HOME MORTGAGE, INC., dated January 14, 2003, recorded in Deed Book 207, Page 662, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($134,500.00), 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 September, 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 Theodore K. Dargin or a tenant or tenants and said property is more commonly known as 448 San Andres Ln., P.O. Box 616, 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, N.A. sbm Wells Fargo Home Mortgage, Inc as Attorney in Fact for Theodore K. Dargin and William T. Dargin, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 52295009-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th (Wilmots) District, G.M., Banks County, Georgia, shown as Tract 2, containing 9.175 acres, more or less, and Tract 3, containing 15.0 acres, more or less, as per plat of survey prepared for Theodore K. Dargin and Donald G. Jones and Elizabeth M. Jones by Max Lewallen, Georgia Registered Surveyor, dated September 30, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 131. 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. Reference Plat recorded in Plat Book 9, Page 46, Banks County, Georgia Records and Civil Action Number 88-CV-139M, Banks County, Georgia records. MR/sc1 9/7/10 Our file no. 52295009 - FT7
(AU11,18,25,SE1B/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 WILLIAM M. EDWARDS to WELLS FARGO HOME MORTGAGE, INC., dated March 5, 2003, recorded in Deed Book 207, Page 537, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-TWO THOUSAND AND 0/100 DOLLARS ($72,000.00), 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 September, 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 William M. Edwards, Jr. or a tenant or tenants and said property is more commonly known as 883 Loggins Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, Na. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 51301009-FT7
EXHIBIT “A”
That tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10B containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989 and recorded in Plat Book 14, Page 129, Banks County records; said plat being incorporated herein by reference for a more complete description of the property. Also conveyed herewith is a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said plat of survey. Together with a 2003 Horton HS01, 28 x 60 manufactured home, Serial Number H178948GL&R which is attached to and made a part of the real property. MR/sc1 9/7/10 Our file no. 51301009 - FT7
(AU11,18,25,SE1B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 51268010-FT14
EXHIBIT “A”
all that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia records. Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 9/7/10 Our file no. 51268010 - FT14
(AU11,18,25,SE1B/19698-100T1P)
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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 W. AMERSON and BRENDA L. 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 September, 2010, 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 W. Amerson and Brenda L. 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 W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 9/7/10
Our file no. 1892809-FT1
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by JENNIFER JENNINGS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for PINE STATE MORTGAGE CORPORATION, dated March 27, 2009, and filed for record April 8, 2009, in Deed Book 338, Page 520, Banks County, Georgia Records, and securing a Note in the original principal amount of $95,842.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for recording in Banks County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2010, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings the following property to-wit:
ALL THAT TRACT or parcel, together with all improvements thereon, lying and being in the 1206th Georgia Militia District, Banks County, Georgia, designated as Lot 15 of Cedar Ridge Subdivision, containing 2.34 acres, more or less, as shown on plat and survey for Cedar Ridge Properties by Max Lewallen, Surveyor, dated December 17, 1997, recorded in Plat Book 13, Page 111, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The above described property is also known as 3025 Cedar Ridge Road, Commerce, GA 30530.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all the property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Jennifer Jennings .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P.O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/119-60)
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Notice
of Foreclosure
Right to Redeem
To: Thomas Walsh, 5128 Burlingame Drive, Atlanta, Georgia 30360-1428, Robert P. Benjamin, Jr., 22900 Respite Lane, Foley, Alabama 36035, Regions Bank, 178 East Savannah Street, Clayton, Georgia 30525, and Apple Pie Ridge Home Owners Association, P.O. Box 1270, Clarkesville, Georgia 30523.
Take Notice that: The right to redeem the following described property, to wit: All that tract or parcel of land designated as Tax Parcel B23J-003 in GMD 1580 and 488, City of Baldwin, Banks County, Georgia being Lot 3, Lake View at Apple Pie Ridge Subdivision, as shown in Plat Book D, Pages 66-68 and being more particularly described in Deed Book 235, Page 469, aforesaid records located on Lake View Way and in Deed to Secure Debt from ROBERT P. BENJAMIN, JR. and THOMAS WALSH to REGIONS BANK dated April 21, 2004 and recorded in Deed Book 235, Page 471, Banks County Georgia Records, will expire and be forever foreclosed and barred after the 3rd day of September, 2010. The Tax Deed to which this notice relates is dated June 2, 2009 and filed for record July 23, 2009 at 12:12 PM and recorded in Deed Book 343, Page 233, Banks County, Georgia Records. And as shown on Corrective Tax Deed dated June 2, 2009 and filed of record December 7, 2009 at 3:47 P.M. and recorded in Deed Book 347, Page 519, Banks County, Georgia Records.
The property may be redeemed on or before September 3, 2010 by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
H.L. Owensby
4450 Atlas Place
Tucker, GA 30084
(770-493-7642)
Please be governed accordingly
(AU11,18,25,SE1P4)
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Public Hearing
Please take notice that the following application has been received by the Banks County Planning Office.
Z-10-03 – Ken Owens – A rezoning application for 22 acres located on the corner of McCoy Bridge Road and Hwy. 441 By-Pass from ARR, Agricultural, Rural-Residential to C-2, General Commercial for a farm equipment sales operation.
The above item is on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matter on Tuesday, September 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 matter on Tuesday, September 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.
(AU18B/069-20)
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Morris Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MINNIE RUTH MORRIS, 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 6th day of August, 2010.
Linda Wehunt
Executor/Administrator
2937 Gillsville Hwy.
Gainesville, GA 30507
(AU18,25,SE1,8P4)
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Adamson
Estate
Probate Court
of Banks County
Notice
(For Discharge from Office and all Liability)
Re: Petition of BRIAN DAVID ADAMSON for Discharge as Executor/Administrator of the Estate of DAVID ADAMSON, deceased.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks-County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(AU18B/071-20)
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Frady Estate
Georgia, Banks County
Probate Court
Notice
DORIS ANN HANCOCK and SHELGHA LEAH FRADY have petitioned to be appointed Administrators of the estate of HUGH DORSEL FRADY, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Cook Estate
Georgia, Banks County
Probate Court
Notice
DAVID L. COOK has petitioned to be appointed Administrator of the estate of PATRICIA G. COOK, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by THEODORE K. DARGIN and WILLIAM T. DARGIN, SR. to WELLS FARGO HOME MORTGAGE, INC., dated January 14, 2003, recorded in Deed Book 207, Page 662, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($134,500.00), 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 September, 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 Theodore K. Dargin or a tenant or tenants and said property is more commonly known as 448 San Andres Ln., P.O. Box 616, 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, N.A. sbm Wells Fargo Home Mortgage, Inc as Attorney in Fact for Theodore K. Dargin and William T. Dargin, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 52295009-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th (Wilmots) District, G.M., Banks County, Georgia, shown as Tract 2, containing 9.175 acres, more or less, and Tract 3, containing 15.0 acres, more or less, as per plat of survey prepared for Theodore K. Dargin and Donald G. Jones and Elizabeth M. Jones by Max Lewallen, Georgia Registered Surveyor, dated September 30, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 131. 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. Reference Plat recorded in Plat Book 9, Page 46, Banks County, Georgia Records and Civil Action Number 88-CV-139M, Banks County, Georgia records. MR/sc1 9/7/10 Our file no. 52295009 - FT7
(AU11,18,25,SE1B/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 WILLIAM M. EDWARDS to WELLS FARGO HOME MORTGAGE, INC., dated March 5, 2003, recorded in Deed Book 207, Page 537, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-TWO THOUSAND AND 0/100 DOLLARS ($72,000.00), 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 September, 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 William M. Edwards, Jr. or a tenant or tenants and said property is more commonly known as 883 Loggins Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, Na. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 51301009-FT7
EXHIBIT “A”
That tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10B containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989 and recorded in Plat Book 14, Page 129, Banks County records; said plat being incorporated herein by reference for a more complete description of the property. Also conveyed herewith is a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said plat of survey. Together with a 2003 Horton HS01, 28 x 60 manufactured home, Serial Number H178948GL&R which is attached to and made a part of the real property. MR/sc1 9/7/10 Our file no. 51301009 - FT7
(AU11,18,25,SE1B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 51268010-FT14
EXHIBIT “A”
all that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia records. Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 9/7/10 Our file no. 51268010 - FT14
(AU11,18,25,SE1B/19698-100T1P)
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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 W. AMERSON and BRENDA L. 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 September, 2010, 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 W. Amerson and Brenda L. 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 W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 9/7/10
Our file no. 1892809-FT1
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by JENNIFER JENNINGS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for PINE STATE MORTGAGE CORPORATION, dated March 27, 2009, and filed for record April 8, 2009, in Deed Book 338, Page 520, Banks County, Georgia Records, and securing a Note in the original principal amount of $95,842.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for recording in Banks County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2010, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings the following property to-wit:
ALL THAT TRACT or parcel, together with all improvements thereon, lying and being in the 1206th Georgia Militia District, Banks County, Georgia, designated as Lot 15 of Cedar Ridge Subdivision, containing 2.34 acres, more or less, as shown on plat and survey for Cedar Ridge Properties by Max Lewallen, Surveyor, dated December 17, 1997, recorded in Plat Book 13, Page 111, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The above described property is also known as 3025 Cedar Ridge Road, Commerce, GA 30530.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all the property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Jennifer Jennings .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P.O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/119-60)
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Notice
of Foreclosure
Right to Redeem
To: Thomas Walsh, 5128 Burlingame Drive, Atlanta, Georgia 30360-1428, Robert P. Benjamin, Jr., 22900 Respite Lane, Foley, Alabama 36035, Regions Bank, 178 East Savannah Street, Clayton, Georgia 30525, and Apple Pie Ridge Home Owners Association, P.O. Box 1270, Clarkesville, Georgia 30523.
Take Notice that: The right to redeem the following described property, to wit: All that tract or parcel of land designated as Tax Parcel B23J-003 in GMD 1580 and 488, City of Baldwin, Banks County, Georgia being Lot 3, Lake View at Apple Pie Ridge Subdivision, as shown in Plat Book D, Pages 66-68 and being more particularly described in Deed Book 235, Page 469, aforesaid records located on Lake View Way and in Deed to Secure Debt from ROBERT P. BENJAMIN, JR. and THOMAS WALSH to REGIONS BANK dated April 21, 2004 and recorded in Deed Book 235, Page 471, Banks County Georgia Records, will expire and be forever foreclosed and barred after the 3rd day of September, 2010. The Tax Deed to which this notice relates is dated June 2, 2009 and filed for record July 23, 2009 at 12:12 PM and recorded in Deed Book 343, Page 233, Banks County, Georgia Records. And as shown on Corrective Tax Deed dated June 2, 2009 and filed of record December 7, 2009 at 3:47 P.M. and recorded in Deed Book 347, Page 519, Banks County, Georgia Records.
The property may be redeemed on or before September 3, 2010 by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
H.L. Owensby
4450 Atlas Place
Tucker, GA 30084
(770-493-7642)
Please be governed accordingly
(AU11,18,25,SE1P4)
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Public Hearing
Please take notice that the following application has been received by the Banks County Planning Office.
Z-10-03 – Ken Owens – A rezoning application for 22 acres located on the corner of McCoy Bridge Road and Hwy. 441 By-Pass from ARR, Agricultural, Rural-Residential to C-2, General Commercial for a farm equipment sales operation.
The above item is on file in the office of the Banks County Planning Commission and are available for public review.
The Banks County Planning Commission will hold a public hearing on the matter on Tuesday, September 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 matter on Tuesday, September 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.
(AU18B/069-20)
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Morris Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MINNIE RUTH MORRIS, 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 6th day of August, 2010.
Linda Wehunt
Executor/Administrator
2937 Gillsville Hwy.
Gainesville, GA 30507
(AU18,25,SE1,8P4)
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Adamson
Estate
Probate Court
of Banks County
Notice
(For Discharge from Office and all Liability)
Re: Petition of BRIAN DAVID ADAMSON for Discharge as Executor/Administrator of the Estate of DAVID ADAMSON, deceased.
Be Notified Further: All objections to the petition must be in writing, setting forth the grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks-County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(AU18B/071-20)
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Frady Estate
Georgia, Banks County
Probate Court
Notice
DORIS ANN HANCOCK and SHELGHA LEAH FRADY have petitioned to be appointed Administrators of the estate of HUGH DORSEL FRADY, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Cook Estate
Georgia, Banks County
Probate Court
Notice
DAVID L. COOK has petitioned to be appointed Administrator of the estate of PATRICIA G. COOK, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Banks County Public Records 08-18-10 pt 1
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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 N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-06022
(AU11,18,25,SE1B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04171
(AU11,18,25,SE1B/224-80)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-5247
(AU11,18,25,SE1B/224-60)
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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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 Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/1325-90)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. Please understand that the secured creditor is not 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, 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.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $63,960.43, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
Less and Except
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by 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 September 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
(AU11,18,25,SE1P4)
[Full Story »]
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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 N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-06022
(AU11,18,25,SE1B/224-60)
gpn11
Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04171
(AU11,18,25,SE1B/224-80)
gpn11
Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-5247
(AU11,18,25,SE1B/224-60)
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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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 Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/1325-90)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/19698-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. Please understand that the secured creditor is not 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, 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.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/19698-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $63,960.43, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
Less and Except
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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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 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 September 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
(AU11,18,25,SE1P4)
[Full Story »]
Banks County Public Records 08-11-10 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 THEODORE K. DARGIN and WILLIAM T. DARGIN, SR. to WELLS FARGO HOME MORTGAGE, INC., dated January 14, 2003, recorded in Deed Book 207, Page 662, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($134,500.00), 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 September, 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 Theodore K. Dargin or a tenant or tenants and said property is more commonly known as 448 San Andres Ln., P.O. Box 616, 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, N.A. sbm Wells Fargo Home Mortgage, Inc as Attorney in Fact for Theodore K. Dargin and William T. Dargin, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 52295009-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th (Wilmots) District, G.M., Banks County, Georgia, shown as Tract 2, containing 9.175 acres, more or less, and Tract 3, containing 15.0 acres, more or less, as per plat of survey prepared for Theodore K. Dargin and Donald G. Jones and Elizabeth M. Jones by Max Lewallen, Georgia Registered Surveyor, dated September 30, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 131. 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. Reference Plat recorded in Plat Book 9, Page 46, Banks County, Georgia Records and Civil Action Number 88-CV-139M, Banks County, Georgia records. MR/sc1 9/7/10 Our file no. 52295009 - FT7
(AU11,18,25,SE1B/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 WILLIAM M. EDWARDS to WELLS FARGO HOME MORTGAGE, INC., dated March 5, 2003, recorded in Deed Book 207, Page 537, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-TWO THOUSAND AND 0/100 DOLLARS ($72,000.00), 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 September, 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 William M. Edwards, Jr. or a tenant or tenants and said property is more commonly known as 883 Loggins Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, Na. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 51301009-FT7
EXHIBIT “A”
That tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10B containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989 and recorded in Plat Book 14, Page 129, Banks County records; said plat being incorporated herein by reference for a more complete description of the property. Also conveyed herewith is a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said plat of survey. Together with a 2003 Horton HS01, 28 x 60 manufactured home, Serial Number H178948GL&R which is attached to and made a part of the real property. MR/sc1 9/7/10 Our file no. 51301009 - FT7
(AU11,18,25,SE1B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 51268010-FT14
EXHIBIT “A”
all that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia records. Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 9/7/10 Our file no. 51268010 - FT14
(AU11,18,25,SE1B/19698-100T1P)
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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 W. AMERSON and BRENDA L. 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 September, 2010, 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 W. Amerson and Brenda L. 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 W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 9/7/10
Our file no. 1892809-FT1
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by JENNIFER JENNINGS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for PINE STATE MORTGAGE CORPORATION, dated March 27, 2009, and filed for record April 8, 2009, in Deed Book 338, Page 520, Banks County, Georgia Records, and securing a Note in the original principal amount of $95,842.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for recording in Banks County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2010, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings the following property to-wit:
ALL THAT TRACT or parcel, together with all improvements thereon, lying and being in the 1206th Georgia Militia District, Banks County, Georgia, designated as Lot 15 of Cedar Ridge Subdivision, containing 2.34 acres, more or less, as shown on plat and survey for Cedar Ridge Properties by Max Lewallen, Surveyor, dated December 17, 1997, recorded in Plat Book 13, Page 111, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The above described property is also known as 3025 Cedar Ridge Road, Commerce, GA 30530.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all the property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Jennifer Jennings .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P.O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/119-60)
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Notice
of Foreclosure
Right to Redeem
To: Thomas Walsh, 5128 Burlingame Drive, Atlanta, Georgia 30360-1428, Robert P. Benjamin, Jr., 22900 Respite Lane, Foley, Alabama 36035, Regions Bank, 178 East Savannah Street, Clayton, Georgia 30525, and Apple Pie Ridge Home Owners Association, P.O. Box 1270, Clarkesville, Georgia 30523.
Take Notice that: The right to redeem the following described property, to wit: All that tract or parcel of land designated as Tax Parcel B23J-003 in GMD 1580 and 488, City of Baldwin, Banks County, Georgia being Lot 3, Lake View at Apple Pie Ridge Subdivision, as shown in Plat Book D, Pages 66-68 and being more particularly described in Deed Book 235, Page 469, aforesaid records located on Lake View Way and in Deed to Secure Debt from ROBERT P. BENJAMIN, JR. and THOMAS WALSH to REGIONS BANK dated April 21, 2004 and recorded in Deed Book 235, Page 471, Banks County Georgia Records, will expire and be forever foreclosed and barred after the 3rd day of September, 2010. The Tax Deed to which this notice relates is dated June 2, 2009 and filed for record July 23, 2009 at 12:12 PM and recorded in Deed Book 343, Page 233, Banks County, Georgia Records. And as shown on Corrective Tax Deed dated June 2, 2009 and filed of record December 7, 2009 at 3:47 P.M. and recorded in Deed Book 347, Page 519, Banks County, Georgia Records.
The property may be redeemed on or before September 3, 2010 by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
H.L. Owensby
4450 Atlas Place
Tucker, GA 30084
(770-493-7642)
Please be governed accordingly
(AU11,18,25,SE1P4)
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Frady Estate
Georgia, Banks County
Probate Court
Notice
DORIS ANN HANCOCK and SHELGHA LEAH FRADY have petitioned to be appointed Administrators of the estate of HUGH DORSEL FRADY, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Cook Estate
Georgia, Banks County
Probate Court
Notice
DAVID L. COOK has petitioned to be appointed Administrator of the estate of PATRICIA G. COOK, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
WILLADEAN LEWALLEN has petitioned to be appointed Administrator of the estate of RICHEY DWAYNE LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 16, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU21,28,AU4,11P4)
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Brady Estate
Notice to
Debtors and Creditors
All creditors of the Estate of ETHELENE BRADY, 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 9 day of July, 2010.
Joyce Blair
Executor/Administrator
4140 Jot-Em Down Rd.
Danielsville, GA 30633
(JU21,28,AU4,11P4)
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Hooper Estate
Notice to
Debtors and Creditors
All creditors of the Estate of JAMES CARL HOOPER, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 12 day of July, 2010.
Charles R. Hooper
Executor/Administrator
2953 Hwy. 51 South
Lula, Georgia 30554
(JU21,28,AU4,11P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by THEODORE K. DARGIN and WILLIAM T. DARGIN, SR. to WELLS FARGO HOME MORTGAGE, INC., dated January 14, 2003, recorded in Deed Book 207, Page 662, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($134,500.00), 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 September, 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 Theodore K. Dargin or a tenant or tenants and said property is more commonly known as 448 San Andres Ln., P.O. Box 616, 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, N.A. sbm Wells Fargo Home Mortgage, Inc as Attorney in Fact for Theodore K. Dargin and William T. Dargin, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 52295009-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1206th (Wilmots) District, G.M., Banks County, Georgia, shown as Tract 2, containing 9.175 acres, more or less, and Tract 3, containing 15.0 acres, more or less, as per plat of survey prepared for Theodore K. Dargin and Donald G. Jones and Elizabeth M. Jones by Max Lewallen, Georgia Registered Surveyor, dated September 30, 1998, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 23, Page 131. 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. Reference Plat recorded in Plat Book 9, Page 46, Banks County, Georgia Records and Civil Action Number 88-CV-139M, Banks County, Georgia records. MR/sc1 9/7/10 Our file no. 52295009 - FT7
(AU11,18,25,SE1B/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 WILLIAM M. EDWARDS to WELLS FARGO HOME MORTGAGE, INC., dated March 5, 2003, recorded in Deed Book 207, Page 537, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-TWO THOUSAND AND 0/100 DOLLARS ($72,000.00), 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 September, 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 William M. Edwards, Jr. or a tenant or tenants and said property is more commonly known as 883 Loggins Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, Na. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sc1 9/7/10
Our file no. 51301009-FT7
EXHIBIT “A”
That tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10B containing 2.00 acres, more or less, as shown on a plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989 and recorded in Plat Book 14, Page 129, Banks County records; said plat being incorporated herein by reference for a more complete description of the property. Also conveyed herewith is a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said plat of survey. Together with a 2003 Horton HS01, 28 x 60 manufactured home, Serial Number H178948GL&R which is attached to and made a part of the real property. MR/sc1 9/7/10 Our file no. 51301009 - FT7
(AU11,18,25,SE1B/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 GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 9/7/10
Our file no. 51268010-FT14
EXHIBIT “A”
all that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia records. Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 9/7/10 Our file no. 51268010 - FT14
(AU11,18,25,SE1B/19698-100T1P)
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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 W. AMERSON and BRENDA L. 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 September, 2010, 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 W. Amerson and Brenda L. 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 W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/llb 9/7/10
Our file no. 1892809-FT1
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by JENNIFER JENNINGS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for PINE STATE MORTGAGE CORPORATION, dated March 27, 2009, and filed for record April 8, 2009, in Deed Book 338, Page 520, Banks County, Georgia Records, and securing a Note in the original principal amount of $95,842.00; last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP by Assignment filed for recording in Banks County, Georgia records, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Banks County, Georgia, between the legal hours of sale on the first Tuesday in September 2010, by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings the following property to-wit:
ALL THAT TRACT or parcel, together with all improvements thereon, lying and being in the 1206th Georgia Militia District, Banks County, Georgia, designated as Lot 15 of Cedar Ridge Subdivision, containing 2.34 acres, more or less, as shown on plat and survey for Cedar Ridge Properties by Max Lewallen, Surveyor, dated December 17, 1997, recorded in Plat Book 13, Page 111, in the Office of the Clerk of Superior Court of Banks County, Georgia, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The above described property is also known as 3025 Cedar Ridge Road, Commerce, GA 30530.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all the property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Jennifer Jennings .
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: BAC Home Loans Servicing, L.P. f/k/a Countrywide Home Loans Servicing, LP, Attn: Jill Balentine, P.O. Box 5170, MS SV314B, Simi Valley, CA 93065, Telephone: 1-888-219-7773. The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, LP as Attorney-in-Fact for Jennifer Jennings
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/119-60)
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Notice
of Foreclosure
Right to Redeem
To: Thomas Walsh, 5128 Burlingame Drive, Atlanta, Georgia 30360-1428, Robert P. Benjamin, Jr., 22900 Respite Lane, Foley, Alabama 36035, Regions Bank, 178 East Savannah Street, Clayton, Georgia 30525, and Apple Pie Ridge Home Owners Association, P.O. Box 1270, Clarkesville, Georgia 30523.
Take Notice that: The right to redeem the following described property, to wit: All that tract or parcel of land designated as Tax Parcel B23J-003 in GMD 1580 and 488, City of Baldwin, Banks County, Georgia being Lot 3, Lake View at Apple Pie Ridge Subdivision, as shown in Plat Book D, Pages 66-68 and being more particularly described in Deed Book 235, Page 469, aforesaid records located on Lake View Way and in Deed to Secure Debt from ROBERT P. BENJAMIN, JR. and THOMAS WALSH to REGIONS BANK dated April 21, 2004 and recorded in Deed Book 235, Page 471, Banks County Georgia Records, will expire and be forever foreclosed and barred after the 3rd day of September, 2010. The Tax Deed to which this notice relates is dated June 2, 2009 and filed for record July 23, 2009 at 12:12 PM and recorded in Deed Book 343, Page 233, Banks County, Georgia Records. And as shown on Corrective Tax Deed dated June 2, 2009 and filed of record December 7, 2009 at 3:47 P.M. and recorded in Deed Book 347, Page 519, Banks County, Georgia Records.
The property may be redeemed on or before September 3, 2010 by payment of the redemption price as fixed and provided by law to the undersigned at the following address:
H.L. Owensby
4450 Atlas Place
Tucker, GA 30084
(770-493-7642)
Please be governed accordingly
(AU11,18,25,SE1P4)
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Frady Estate
Georgia, Banks County
Probate Court
Notice
DORIS ANN HANCOCK and SHELGHA LEAH FRADY have petitioned to be appointed Administrators of the estate of HUGH DORSEL FRADY, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Cook Estate
Georgia, Banks County
Probate Court
Notice
DAVID L. COOK has petitioned to be appointed Administrator of the estate of PATRICIA G. COOK, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before September 7, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(AU11,18,25,SE1P4)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
WILLADEAN LEWALLEN has petitioned to be appointed Administrator of the estate of RICHEY DWAYNE LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 16, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU21,28,AU4,11P4)
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Brady Estate
Notice to
Debtors and Creditors
All creditors of the Estate of ETHELENE BRADY, 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 9 day of July, 2010.
Joyce Blair
Executor/Administrator
4140 Jot-Em Down Rd.
Danielsville, GA 30633
(JU21,28,AU4,11P4)
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Hooper Estate
Notice to
Debtors and Creditors
All creditors of the Estate of JAMES CARL HOOPER, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 12 day of July, 2010.
Charles R. Hooper
Executor/Administrator
2953 Hwy. 51 South
Lula, Georgia 30554
(JU21,28,AU4,11P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Banks County Public Records 08-11-10 pt 1
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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 N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-06022
(AU11,18,25,SE1B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04171
(AU11,18,25,SE1B/224-80)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-5247
(AU11,18,25,SE1B/224-60)
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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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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 Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/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 JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/1325-90)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/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 MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. Please understand that the secured creditor is not 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, 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.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/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 BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $63,960.43, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
Less and Except
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
[Full Story »]
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 N. JEAN HERRING and THERESIA A. HUMPHREY to FIRST NATIONAL BANK OF GAINESVILLE d/b/a THE MORTGAGE SOURCE, dated July 2, 1991, and recorded in Deed Book 66, Page 382, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Regions Mortgage, Inc., by Assignment, securing a Note in the original principal amount of $54,300.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 Grove River G.M.D. #1464, Banks County, Georgia, containing 1.259 acres, and more particularly described as follows:
BEGINNING at an iron pin found on the northeasterly right-of-way of the Southern Railroad (a 100-foot right-of-way), South 49 degrees 20 minutes 57 seconds East 595.13 feet from the centerline intersection of Hooper Road and County Line Road; running thence North 44 degrees 44 minutes 29 seconds East 264.04 feet to an iron pin found; thence South 36 degrees 31 minutes 44 seconds East 225.07 feet to an iron pin found; thence South 49 degrees 15 minutes 43 seconds West 247.41 feet to an iron pin found on the said right-of-way Southern Railroad; thence along said right-of-way North 40 degrees 32 minutes 17 seconds West 203.65 feet (R= 2594.32 feet; A =203.70 feet) to an iron pin found and the POINT OF BEGINNING, as shown on plat of survey for N. Jean Herring and Theresia A. Humphrey, by Henry Bailey, Georgia R.L.S. 1586, dated July 2, 1991, which survey is incorporated herein by reference and made a part hereof.
Said property is known as 324 School Street, Gillsville, GA 30543, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of N. Jean Herring and Theresia A. Humphrey, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of N. Jean Herring and Theresia A. Humphrey, 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 N. Jean Herring and Theresia A. Humphrey
File no. 10-004919
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY SAILERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $72,000.00 dated 04/10/2008, and recorded in Deed Book 324, Page 489, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Billy Sailers the following described property:
All that tract or parcel of land, lying and being in Land Lots 218 and 219 of the 10th District of Banks County, Georgia, and being all of Lot 1 of Hidden Valley Subdivision as shown on subdivision plat recorded in Plat Book 15, Page 143 of the Banks County Records, which plat is incorporated herein by reference as part of this description. This conveyance is made subject to the Declaration of Protective and Restrictive Covenants for Hidden Valley Subdivision, dated May 30, 1990 and recorded in Deed Book 59, Pages 450-454 of the Banks County Records. This conveyance is made subject to building set back lines as shown on the above-referenced subdivision plat and subject to a 30-foot ingress and egress easement on the Northerly boundary of subject property as shown on the above-referenced subdivision plat. Land Lots 218 and 219, 10th District Tax Id: 057/0476.
Property known as: 181 Hidden Vally Dr, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Billy Sailers.
CitiMortgage, Inc., as Attorney-in-fact for Billy Sailers.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-06022
(AU11,18,25,SE1B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from VINCENT MARTIN and KIMBERLY MARTIN and aka ANDREW MARTIN to CITIFINANCIAL MORTGAGE COMPANY, INC. in the original principal amount of $116,585.81 dated 12/06/2005, and recorded in Deed Book 272, Page 552, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-Fact for Vincent Martin and Kimberly Martin and aka Andrew Martin the following described property:
All that tract or parcel of land lying and being in 465th GMD of Banks County, Georgia, being 1.53 acres, more or less, as shown on that particular survey entitled “Survey for Andrew Martin and Kimberly Martin” dated January 26, 1996, prepared by Max Lewallen, Georgia RLS No. 2057, and being more particularly described as follows:
To locate the point of beginning, commence at a point at the intersection of the centerlines of Georgia Highway 52 and East Freeman Street; thence running North 11 degrees 04 minutes East a distance of 539.4 feet to an iron pin set, and the point of beginning, located on the westerly right of way of East Freeman Street; thence running North 89 degrees 39 minutes West a distance of 203.64 feet to an iron pin set; thence running North 12 degrees 51 minutes East a distance of 51.67 feet to an iron pin found; thence running North 00 degrees 58 minutes East a distance of 228.48 feet to an iron pin set; thence running North 88 degrees 34 minutes East a distance of 275.92 feet to an iron pin set, located on the westerly right of way of East Freeman Street; thence running South 16 degrees 58 minutes West a distance of 300.00 feet to an iron pin set and the point of beginning.
The 1.53 acres, more or less, being sold pursuant to power is the same property described in that certain warranty deed from Genelle Hooper to Andrew Martin and Kimberly Martin recorded April 30, 1986, in Deed Book 106, Page 4, Banks County, Georgia records, and in that certain Security Deed from Andrew Martin, n/k/a Vincent Martin and Kimberly Martin to Citifinancial Mortgage Company, Inc. recorded December 15, 2005 in Deed Book 272, Page 552, Banks County, Georgia Records, and being a portion of the property described as Tract 1 in Plat Book 14, Page 198, Banks County, Georgia records.
Property known as: 143 East Freeman Street, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Vincent Martin and Kimberly Martin and aka Andrew Martin.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc., as Attorney-in-fact for Vincent Martin and Kimberly Martin and aka Andrew Martin.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-04171
(AU11,18,25,SE1B/224-80)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 344, Page 283, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of September, 2010 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 09-5247
(AU11,18,25,SE1B/224-60)
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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 GARY N. FREEMAN to REGIONS MORTGAGE, INC., dated March 26, 2001, and recorded in Deed Book 169, Page 873, Banks County Records, securing a Note in the original principal amount of $176,000.00, 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, September 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 465th G.M.D. of Banks County, Georgia, on the East side of Homer Street, as shown and delineated on Plat of survey prepared for John Kevin Roberts by Roy A. Terrell, Ga. Reg. Land Surveyor, dated July 28, 1986, a copy of said plat being recorded in Plat Book 11, Page 199, in the Clerk’s Office of the Superior Court of Banks County, Georgia, and being more particularly described according to said Terrell survey as follows:
BEGINNING at an iron pin found on the easterly right of way of Homer Street, which iron pin lies a tieline South 07’22” East 385.77 feet from the centerline intersection of Ridgeway Road and State Route 98; thence from said Point of Beginning, running along the easterly right of way of Homer Street, North 03’45”West 104.32 feet to an iron pin set; thence North 86’30” East 204.13 feet to an iron pin set; thence South 03’45’ East 104.33 feet to an iron pin found; thence South 86’30” West 204.13 feet to the Point of Beginning.
Said property is known as 30 Homer Street, 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 Gary N. Freeman, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Gary N. Freeman, 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 Gary N. Freeman
File no. 10-006059
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/ASR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/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 JAMES HOLBROOKS, JR. to ALLIANCE FUNDING, a Division of SUPERIOR BANK FSB dated December 3, 1999, in the amount of $94,787.00, and recorded in Deed Book 151, Page 583, Banks County, Georgia Records; as last transferred to LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto by assignment; the undersigned, LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD, Banks County, Georgia, containing 5.13 acres, more or less, as per plat of survey for Land Headquarters, Inc. (Atlanta), Hayes Tract, prepared by Piedmont Surveying Company, Sherald G. Sharp, GA RLS dated 11/19/92, which said plat is incorporated herein by reference for a more complete and detailed description of the property conveyed. According to said plat, the property is more particularly described as follows: BEGINNING at an iron pin set in the set in the center of unpaved County Road 86, 779.93 feet East of its intersection with U.S. Highway 411 thence North 36 Degrees 43 Minutes 49 Seconds West 611.20 feet to an iron pin; thence North 58 Degrees 10 Minutes 00 Seconds West 212.65 feet to an iron pin; thence North 64 Degrees 36 Minutes 15 Seconds East 375.60 feet to an iron pin; thence South 6 Degrees 37 Minutes 11 Seconds East 58.92 feet to an iron pin; thence South 13 Degrees 35 Minutes 39 Seconds West 113.34 feet to an iron pin; thence South 64 Degrees 45 Minutes 22 Seconds East 521.74 feet to an iron pin in the center line of said unpaved County Road 86; thence South 46 Degrees 49 Minutes 08 Seconds West 106.83 feet to an iron pin; thence South 20 Degrees 53 Minutes 00 Seconds West 76.91 feet; thence South 02 Degrees 11 Minutes 00 Seconds East 153.35 feet to an iron pin; thence South 33 Degrees 47 Minutes 00 Seconds West 45.68 feet to an iron pin; thence South 64 Degrees 57 Minutes 00 Seconds West 76.61 feet to an iron pine; thence South 86 Degrees 18 Minutes 00 Seconds West 51.01 feet to the BEGINNING iron pin.
which has the property address of 357 Moss Mill Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of James Holbrooks, Jr. and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
LaSalle Bank National Association (“Assignee”), formerly known as LaSalle National Bank, in its capacity as indenture trustee under that certain Sale and Servicing Agreement dated December 1, 1999 among AFC Trust Series 1999-4, as Issuer, Superior Bank FSB, As seller and servicer and lassale Bank National Association, asindenture trustee AFC mortgage Loan asset backed notes series 1999-4 and any amendments thereto Attorney in Fact for James Holbrooks, Jr.
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-02068 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/1325-90)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr.
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/kns 9/7/10 Our file no. 1346907-FT19
(AU11,18,25,SE1B/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 MINNIE I. WEST and HERBERT L. WEST to FT MORTGAGE COMPANIES D.B.A. HOMEBANC MORTGAGE CORPORATION, dated September 1, 1999, recorded in Deed Book 148, Page 553, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-FIVE THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($75,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. Please understand that the secured creditor is not 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 Minnie I. West and Herbert L. West or a tenant or tenants and said property is more commonly known as 351 Water Plant Rd, 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.
Metlife Home Loans as Attorney in Fact for Minnie I. West and Herbert L. West McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jn2 9/7/10
Our file no. 52170310-FT17
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the 465th District, G.M., Banks County, Georgia designated as Lot 4, as shown on a plat of survey entitled “Survey for Minnie L. West and Herbert I. West”, prepared by Paul & Evans Land Surveying, Inc., certified by Thomas R. Paul, Georgia Registered Surveyor No. 2474, dated September 1, 1999 and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 24, page 123, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description. The Grantor/Borrower represents, covenants and agrees that the mobile home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
(AU11,18,25,SE1B/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 BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006, in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU11,18,25,SE1B/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 JEFFERY L. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 29, 2005, recorded in Deed Book 260, Page 208, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($126,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in September, 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: SunTrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffery L. Pittman or a tenant or tenants and said property is more commonly known as 117 Ridgeway Terrace, Maysville, Georgia 30558. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Jeffery L. Pittman
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nh5 9/7/10
Our file no. 52176410-FT2
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th GMD, Banks County, Georgia, known as Lot #18, containing 1.31 acres, more or less, as per plat of survey prepared for Brian E. Brewton by Slate and Associates, Inc., GRLS, dated March 1, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia in Plat Book A, Page 168,. Said plat as recorded, is hereby referenced for a more detailed description of said property. This property is a portion of that 37.65 acres which was conveyed to Brian E. Brewton from James Short by Warranty Deed, dated September 28, 1993, recorded in Deed Book 82, Page 582, Banks County, Georgia Records. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises. MR/nh5 9/7/10 Our file no. 52176410 - FT2
(AU11,18,25,SE1B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ANTHONY N. TANNER and MARTHA TANNER to WELLS FARGO BANK, N.A. dated August 19, 2008, and recorded in Deed Book 334, Page 418, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Well Fargo Bank, N.A., by Assignment, securing a Note in the original principal amount of $63,960.43, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 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 207th G.M. District of Banks County, Georgia, with improvements thereon containing 4.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by G. Brian Slate of Slate & Associates, Registered Surveyor, dated April 25, 2000 and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 25, Page 10. Said plat, as recorded is hereby incorporated by reference for a more detailed description of said property, subject to existing easement and rights of way for public roads and utilities now in use.
Less and Except
All that tract or parcel of land lying and being in the 207th G.M. District of Banks County, Georgia, containing 2.00 acres, more or less, and designated as Lot #44B-2, as shown on a plat and survey for Eugene Montgomery prepared by O. Brian Slate of Slate & Associates, Registered Surveyor, dated July 28, 2001, and recorded in the Office of the Clerk of Superior Court of Banks County, GA, in Plat Book 26, Page 187. Said plat is recorded, is hereby incorporated by reference for a more detailed description of said property. Subject to existing easement and rights of way for public roads and utilities now in use.
Said property is known as 248 Ladd Drive, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Anthony N. Tanner and Martha Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Anthony N. Tanner and Martha Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Well Fargo Bank, N.A. as Attorney-in-Fact for Anthony N. Tanner and Martha Tanner
File no. 10-004912
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/RS
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU11,18,25,SE1B/1323-70T1P)
[Full Story »]
Banks County Public Records 08-04-10
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Legal Notice
THE ATLANTA GAS LIGHT COMPANY has filed with the Georgia Public Service Commission a 2010-2013 Capacity Supply Plan. Copies of this filing are on file with the Georgia Public Service Commission. This matter has been assigned Docket No. 31491 and has been scheduled for public hearing before the Georgia Public Service Commission beginning September 20, 2010, at 10 a.m. in Room 110 of the Georgia Public Service Commission offices located at 244 Washington Street, SW, Atlanta, Georgia 30334. Any one interested in this matter will be given the opportunity to express his or her view pursuant to O.C.G.A. Section 46-2-59.
In accordance with O.C.G.A. Section 46-2-59(c), persons wishing to intervene must file a Petition to Intervene with the Georgia Public Service Commission within thirty (30) days of the first publication of this notice.
An original and fifteen (15) copies of any pre-filed testimony of statements by interveners along with a 3 1/2 inch diskette or CD ROM containing an electronic version of this filing in Microsoft Word for text documents or Excel for spread sheets must be filed with the Georgia Public Service Commission’s Executive Secretary by 4:00 p.m. on August 26, 2010 in accordance with the Procedural and Scheduling Order issued in this docket. Any expert testimony or testimony of a technical nature must by pre-filed. Parties of record must also file with one another copies of any pre-filed testimony. Hearings on intervenor testimony will be heard beginning September 20, 2010.
If you have a disability and will need assistance or accommodations to participate, or need further information, please contact the Executive Secretary’s Office, Georgia Public Service Commission at (404) 656-4501 or 1-800-282-5813 (inside Georgia only) at least one day prior to the hearing in this matter.
This notice is published at the direction of the Georgia Public Service Commission.
David C. Weaver
Director, Regulatory Affairs
Atlanta Gas Light Company
(AU4B/746-40)
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Notice
of Change of Corporate Name
Notice is given that Articles of Amendment which will change the name of PURELY NUMBERS, INC. to GROUT DAWG, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at 1237 S. Elm Street, Suite B, Commerce, Georgia 30529.
(JU28,AU4P2)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
WILLADEAN LEWALLEN has petitioned to be appointed Administrator of the estate of RICHEY DWAYNE LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 16, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU21,28,AU4,11P4)
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Brady Estate
Notice to
Debtors and Creditors
All creditors of the Estate of ETHELENE BRADY, 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 9 day of July, 2010.
Joyce Blair
Executor/Administrator
4140 Jot-Em Down Rd.
Danielsville, GA 30633
(JU21,28,AU4,11P4)
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Hooper Estate
Notice to
Debtors and Creditors
All creditors of the Estate of JAMES CARL HOOPER, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 12 day of July, 2010.
Charles R. Hooper
Executor/Administrator
2953 Hwy. 51 South
Lula, Georgia 30554
(JU21,28,AU4,11P4)
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Name Change
Notice of Petition
to Change Name
In the Superior Court of Jackson County
State of Georgia
Civil Action File No: M10CV1044
In Re: Trevor Eggleston and Skylah-Brooke Eggleston, Minor children
Georgia, Jackson County
Notice is hereby given that ANGELA MAHAN, the undersigned, filed this Petition to the Superior Court of JACKSON County, Georgia, on the 30th day of June, 2010, praying for a change in the name of minor children from TREVOR EGGLESTON to TREVOR MAHAN and from SKYLAH-BROOKE EGGLESTON to SKYLAH-BROOKE MAHAN. Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and to file objections to such name change. Objections must be filed with said Court within 30 days of the filing of said petition.
This 30th day of June, 2010.
By: Angela Mahan
Petitioner, Angela Mahan (Natural Mother)
(JU14,21,28,AU4P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)
Legal Notice
THE ATLANTA GAS LIGHT COMPANY has filed with the Georgia Public Service Commission a 2010-2013 Capacity Supply Plan. Copies of this filing are on file with the Georgia Public Service Commission. This matter has been assigned Docket No. 31491 and has been scheduled for public hearing before the Georgia Public Service Commission beginning September 20, 2010, at 10 a.m. in Room 110 of the Georgia Public Service Commission offices located at 244 Washington Street, SW, Atlanta, Georgia 30334. Any one interested in this matter will be given the opportunity to express his or her view pursuant to O.C.G.A. Section 46-2-59.
In accordance with O.C.G.A. Section 46-2-59(c), persons wishing to intervene must file a Petition to Intervene with the Georgia Public Service Commission within thirty (30) days of the first publication of this notice.
An original and fifteen (15) copies of any pre-filed testimony of statements by interveners along with a 3 1/2 inch diskette or CD ROM containing an electronic version of this filing in Microsoft Word for text documents or Excel for spread sheets must be filed with the Georgia Public Service Commission’s Executive Secretary by 4:00 p.m. on August 26, 2010 in accordance with the Procedural and Scheduling Order issued in this docket. Any expert testimony or testimony of a technical nature must by pre-filed. Parties of record must also file with one another copies of any pre-filed testimony. Hearings on intervenor testimony will be heard beginning September 20, 2010.
If you have a disability and will need assistance or accommodations to participate, or need further information, please contact the Executive Secretary’s Office, Georgia Public Service Commission at (404) 656-4501 or 1-800-282-5813 (inside Georgia only) at least one day prior to the hearing in this matter.
This notice is published at the direction of the Georgia Public Service Commission.
David C. Weaver
Director, Regulatory Affairs
Atlanta Gas Light Company
(AU4B/746-40)
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Notice
of Change of Corporate Name
Notice is given that Articles of Amendment which will change the name of PURELY NUMBERS, INC. to GROUT DAWG, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The registered office of the corporation is located at 1237 S. Elm Street, Suite B, Commerce, Georgia 30529.
(JU28,AU4P2)
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Livingston
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ROLAND J. LIVINGSTON, JR., deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me.
This 22nd day of July, 2010.
s/Herman Pompper, Jr. and Mary Amy Oliver Pompper,
Executors of Roland J. Livingston, Jr., deceased
M. Keith York
Kimzey, Kimzey & York
P.O. Box 38
Cornelia, GA 30531
(706) 778-6823
(AU4,11,18,25P4)
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Duckett Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAURICE STANLEY DUCKETT, 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 30th day of July, 2010.
Lou Ann Duckett
Executor/Administrator
P.O. Box 373
Homer, GA 30547
(AU4,11,18,25P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
WILLADEAN LEWALLEN has petitioned to be appointed Administrator of the estate of RICHEY DWAYNE LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 16, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
Banks County Probate Court
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU21,28,AU4,11P4)
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Brady Estate
Notice to
Debtors and Creditors
All creditors of the Estate of ETHELENE BRADY, 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 9 day of July, 2010.
Joyce Blair
Executor/Administrator
4140 Jot-Em Down Rd.
Danielsville, GA 30633
(JU21,28,AU4,11P4)
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Hooper Estate
Notice to
Debtors and Creditors
All creditors of the Estate of JAMES CARL HOOPER, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 12 day of July, 2010.
Charles R. Hooper
Executor/Administrator
2953 Hwy. 51 South
Lula, Georgia 30554
(JU21,28,AU4,11P4)
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Name Change
Notice of Petition
to Change Name
In the Superior Court of Jackson County
State of Georgia
Civil Action File No: M10CV1044
In Re: Trevor Eggleston and Skylah-Brooke Eggleston, Minor children
Georgia, Jackson County
Notice is hereby given that ANGELA MAHAN, the undersigned, filed this Petition to the Superior Court of JACKSON County, Georgia, on the 30th day of June, 2010, praying for a change in the name of minor children from TREVOR EGGLESTON to TREVOR MAHAN and from SKYLAH-BROOKE EGGLESTON to SKYLAH-BROOKE MAHAN. Notice is hereby given pursuant to law to any interested or affected party to appear in said Court and to file objections to such name change. Objections must be filed with said Court within 30 days of the filing of said petition.
This 30th day of June, 2010.
By: Angela Mahan
Petitioner, Angela Mahan (Natural Mother)
(JU14,21,28,AU4P4)
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Lewallen Estate
Georgia, Banks County
Probate Court
Notice
JEANETTE LEWALLEN has petitioned to be appointed Administrator of the estate of MAX JACKSON LEWALLEN, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 23, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Probate Clerk/Deputy Clerk
144 Yonah Homer Road
Suite 7
Homer, GA 30547
706-677-6250
(JU28,AU4,11,18P4)



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