Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., Commerce, GA 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Branch Banking and Trust Company as Attorney in Fact for John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office oFLEf the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to Franklin Bank SSB by assignment recorded in Deed Book 306, Page 592, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment securing a Note in the original principal amount of $611,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC, recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,12,19,26B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by CHARLES CAUDELL and CASEY CAUDELL to FIRST FRANKLIN FINANCIAL CORPORATION, dated September 28, 2004, recorded in Deed Book 247, Page 462, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust 2005-1, Mortgage-Backed Certificates, Series 2005-1 by assignment recorded in Deed Book 345, Page 309, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-FIVE THOUSAND AND 0/100 DOLLARS ($145,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Charles Caudell and Casey Caudell or a tenant or tenants and said property is more commonly known as 536 Brown Ridge Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N. A. as Trustee for National City Mortgage Loan Trust 2005-1, Mortgage-Backed Certificates, Series 2005-1 as Attorney in Fact for Charles Caudell and Casey Caudell
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/llb 6/1/10
Our file no. 51989609-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 3.000 of acres, more or less, as more particularly shown on a plat of survey prepared for Charles Caudell by Barry D. Lord, Registered Surveyor, dated September 26, 2002, recorded at Plat Book D, Page 89, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Source of Title: Book 200 Page 815 Recorded: 10/15/2002 APN:20-008 MR/llb 6/1/10 Our file no. 51989609 - FT1
(MY5,12,19,25B/12062-70T1P)
[Full Story »]
Public Notices
Banks County Public Records 05-05-10
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., Commerce, GA 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/12062-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Branch Banking and Trust Company as Attorney in Fact for John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to Franklin Bank SSB by assignment recorded in Deed Book 306, Page 592, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment securing a Note in the original principal amount of $611,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC, recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,12,19,26B/1323-60T1P)
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of Sale contained in that certain Security Deed from GREGORY L. WIGGINS and DIANA L. WIGGINS to GREEN TREE FINANCIAL CORP. nka GREEN TREE SERVICING, LLC, dated April 17, 1995, and recorded in Deed Book 96, Page 187, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Security Deed having been given to secure a Note dated, April 17, 1995, in the original principal amount of SEVENTY SEVEN THOUSAND FOUR HUNDRED TWENTY TWO AND 22/100 DOLLARS ($77,422.22) with interest thereon as provided therein, will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday of June 2010, regarding the following described property:
All that tract or parcel of land situated in the 207th G.M. District, Banks County, Georgia, and being shown and delineated as Lot 6 on a plat dated March 20, 1992, by Max Lewallen, GA RLS, and recorded in Plat Book A, Page 33 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat is referred to herein for a more complete and accurate description.
Also conveyed herewith is a 1995 Southern Energy Home, Model 728S, Serial Number DSE2AL8022AB, which is permanently attached to and made a part of the real property.
Said property is commonly known as 54 Hebron Church Rd., Commerce, GA 30529.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorney’s fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may effect the title of said property; zoning ordinances, matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Gregory L. Wiggins and Diana L. Wiggins or tenant(s).
Green Tree Servicing, LLC as Attorney-in-Fact for Gregory L. Wiggins and Diana L. Wiggins
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by ROBIN D. CRAIG and JAMES H. CRAIG to M & T MORTGAGE CORPORATION, dated May 28, 2002, recorded in Deed Book 193, Page 435, Banks County, Georgia Records, as last transferred to M & T Bank by assignment recorded in Deed Book 350, Page 35, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($170,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: M&T Mortgage Corporation, P.O. Box 1288, Buffalo, NY 14240. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Robin D. Craig and James H. Craig or a tenant or tenants and said property is more commonly known as 180 Charity Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
M & T Bank as Attorney in Fact for Robin D. Craig and James H. Craig
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 53141309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 1210th Berlin General Militia District of Banks County, Georgia, and containing 10.00 acres, more or less, and being more particularly described according to a plat of survey for Ronald C. Puckett prepared by Max Lewallen, Surveyor, on the 9th day of November, 1999, which plat, recorded in Plat Book 24, Page 154, public records of said Banks County, is by reference incorporated herein as part of this description. Together with a nonexclusive easements for ingress and egress over and along the existing roads leading from Charity Drive Road as shown on the plat of survey above. MR/tlj 6/1/10 Our file no. 53141309 - FT14
(MY5,12,19,26B/12062-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JOHN TAYLOR RYLEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 13, 2008, recorded in Deed Book 321, Page 259, Banks County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-NINE THOUSAND ONE HUNDRED SEVENTY AND 0/100 DOLLARS ($79,170.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is John Taylor Rylee or a tenant or tenants and said property is more commonly known as 175 Jake Shubert Dr, Maysville, Georgia 30558-5033. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Branch Banking and Trust Company as Attorney in Fact for John Taylor Rylee McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ho 6/1/10
Our file no. 51383310-FT8
EXHIBIT “A”
All that tract of land lying and being in the 465th District, G.M., Banks County, Georgia, and being Lot 14 according to that certain plat by James M. Paul, Registered Surveyor, dated April 27, 1978, entitled “Survey for Peter Tikotin”, said plat being recorded in Plat Book 7, Page 71, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and containing 4.51 acres more or less, as shown on aforesaid plat which is incorporated herein and made a part hereof by references thereto. MR/ho 6/1/10 Our file no. 51383310 - FT8
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JAMES EDDIE BAKER, SR. to SUNTRUST BANK, dated March 19, 2001, recorded in Deed Book 171, Page 850, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 171, Page 866, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY THOUSAND AND 0/100 DOLLARS ($140,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
All that tract or parcel of land lying and being in the GMD 912th Banks County, Georgia, consisting of 1.68 acres, more or less, and being more particularly described according to a plat of survey prepared by Max Lewallen, Registered Surveyor, dated February 19, 1987, and recorded in Plat Book 21, Page 194, Banks County, Georgia Records. Reference to said plat and the recording thereof is hereby made for a more complete description of said property. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). SunTrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, to discuss possible alternatives to foreclosure.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Baker or a tenant or tenants and said property is more commonly known as 4341 Hwy. 51 S, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for James Eddie Baker, Sr. Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/rwm 6/1/10
Our file no. 1346907-FT19
(MY5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 17, 2007, executed by JUDY MOONEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 312, Page 846, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $224,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2010, to-wit: June 1, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in GMD 912 District, Banks County, Georgia, containing 4.53 acres, more or less, and being Lots 6 and 7, of Property of Larry S. Thurmond, as per plat recorded in Plat Book 15, Page 83, Banks County, Georgia Records, to which plat reference is made for a more detailed description.
The aforedescribed real property is also known as 926 Brewer Road, Lula, Georgia 30554, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of JUDY MOONEY and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JUDY MOONEY
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1328-50T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale contained in Security Deed from SHANNON JOYCE and JAMES MAY to COMMUNITY BANK & TRUST, dated May 18, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 305, Page 610, said Security Deed being given to secure a Note dated May 18, 2007 in the original principal amount of EIGHTY NINE THOUSAND ONE HUNDRED FIFTY THREE AND 50/100 ($89,153.50) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in June, 2010, (June 1, 2010) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Baldwin, Georgia, and Land Lot 186 of the 10th Land District of Banks County, Georgia, as shown on a plat of survey prepared for Robert Joseph Kushman, Jr. And Tina Ann Kushman by Max Lewallen, Georgia Registered Land Surveyor, dated March 7, 1990, which plat is recorded in the Clerk’s Office of the Superior Court of Banks County, Georgia, in Plat Book 15, Page 109, to which said plat and the record thereof reference is hereby made for a more complete description.
NOTE: The above described property is the same property described in and conveyed by a Warranty Deed from Kathy Jan Thompson to Robert Joseph Kushman, Jr. And Tina Ann Kushman, dated March 9, 1990, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 58, Page 1; and the same property described in and conveyed by a Warranty Deed from Joel L. Duncan and Miriam B. Duncan to Kathy Jan Thompson, dated July 26, 1982, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 26, Page 581.
NOTE: The above described land was formerly in Habersham County, Georgia, and prior deeds in the chain of title were recorded in Habersham County, Georgia. Due to a purported change in the County Line, the above described land may now be in either Habersham or Banks County due to uncertainty as to the validity of the change in the County Line.
Said property is known as 125 Church Street, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and CBT, a Division of SCBT, N.A. Has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of SHANNON JOYCE and JAMES MAY, who, to the best of the undersigned’s knowledge and belief, are the parties in possession of said property.
CBT, a Division of SCBT, N.A., As Attorney-in-Fact for SHANNON JOYCE and JAMES MAY
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY5,12,19,26B/1326-80
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by L.J ARMOUR to THE GRANGE BANK, dated April 19, 2004, recorded in Deed Book 236, Page 269, Banks County, Georgia Records, as last transferred to Franklin Bank SSB by assignment recorded in Deed Book 306, Page 592, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TEN THOUSAND AND 0/100 DOLLARS ($110,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Huntington Mortgage Corporation, 2361 Morse Road, NC1W46, Columbus, OH 43229, 888-606-8472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is L.J Armour or a tenant or tenants and said property is more commonly known as 5456 Yonah Homer Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Franklin Bank SSB as Attorney in Fact for L.J Armour
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ks9 6/1/10
Our file no. 5466208-FT17
EXHIBIT “A”
All that tract or parcel of Land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 0.96 acre, all as more fully shown on plat of survey by Max Lewallen, GA. Reg. No. 2067, dated June 23, 1994, recorded in Plat Book 18, Page 232, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description Tax parcel ID: 69/28 MR/ks9 6/1/10 Our file no. 5466208 - FT17
(MY5,12,19,26B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated September 7, 2007, recorded in Deed Book 312, Page 661, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-THREE THOUSAND ONE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($63,137.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in June, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 781 Ridge Lane, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/tlj 6/1/10
Our file no. 51268010-FT14
EXHIBIT “A”
All that tract or parcel of land ( the Property), with improvements thereon, lying and being in the 912th Georgia Militia District of Banks County, Georgia, containing 2.62 acres, more or less, being designated as Lot No. 8 Phase II of Hudson Falls Subdivision, as shown on a plat of survey prepared by Russell N. Bartlett, Registered Land Surveyor, dated March 16, 1990, of record in Plat Book 15 at Page 116 in the Office of the Clerk of the Superior Court of Banks County, Georgia, which plat and the recordation thereof are by reference incorporated herein to aid in this description. Said property is bounded substantially as follows: On the northwest by property of Weise and Lot No. 5 of said subdivision; on the northeast by Lot No. 7C of said subdivision; on the southwest by 30 foot wide drive and Lot No. 9 of said subdivision; and on the southwest by the centerline of Hudson River. Also conveyed herein, is a non-exclusive right of ingress and egress over and through the 60 foot wide strips for roadway purposes shown on the Hudson Falls Subdivision Plat. Also conveyed herein, is a 30 foot drive easement from the cul-de-sac as shown on the said subdivision plat over and across Lots 78, 11, 7C, 10, 9 and 8. Said property is conveyed subject to an easement of ingress and egress in favor of the developer of the Hudson Falls Subdivision ( Danny Otter, et. al., their heirs and assigns) and the owners of all or any other property shown on the said subdivision plat which originally was conveyed to Danny Otter, et. Al by Georgia C. Carson and Peyton C. Robinson, said easement being along a sixty (60) foot wide strip running onto the property herein conveyed from the boundaries of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries, all as more particularly shown by plat of survey dated November 11,1986. Said property is also conveyed subject to declaration of covenants, conditions, and restrictions dated October 31, 1986, of record in Deed Book 41, Folio 3-10, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the Second Extension of same dated December 31, 1986, of record in Deed Book 42, Folio 166-167, Banks County, Georgia Records.
Said property is also conveyed subject to the 30 foot drive easement from the cul-de-sac as shown by the said subdivision plat over and across Lots 7B, 11, 7C, 10, 9 and 8. Said property is also conveyed subject to rights of upper and lower riparian owners in and to the waters of the Hudson river crossing or adjoining the property, and the natural flow thereof, free from diminution or pollution, and also said rights of creeks or branches crossing said property. MR/tlj 6/1/10 Our file no. 51268010 - FT14
(MY5,12,19,26B/12062-100T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by RICHARD H. WINDHAM and ANDREA WINDHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 21, 2006, and recorded in Deed Book 288, Page 125, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 by Assignment securing a Note in the original principal amount of $611,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, June 1, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in GMD 448 and 1580 in the City of Baldwin, Banks County, Georgia, being known and designated as Lot 17 of Lake View at Apple Pie Ridge, as shown on a plat of survey prepared by Construction Engineering Services, Inc., James W. Woolley, RLS, dated April 19, 2002, recorded in Plat Book D, Pages 66-68, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description being the same property conveyed to Richard H. Windham and Andrea Windham by deed from Apple Pie Ridge Properties, LLC, recorded 06/18/2002 in Deed Book 194, Page 186, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
Said property is known as 205 Lakeview Court, Baldwin, GA 30511, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Richard H. Windham and Andrea Windham, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard H. Windham and Andrea Windham, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
HSBC Bank USA, National Association, as Trustee for Nomura Asset Acceptance Corporation Mortgage Pass-Through Certificates, Series 2006-AR4 as Attorney-in-Fact for Richard H. Windham and Andrea Windham
File no. 10-003342
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/KMM
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY5,12,19,26B/1323-60T1P)
[Full Story »]
Banks County Public Records 04-21-10
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ELMAR BOTHA and JANICE BOTHA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 14, 2007, in the amount of $260,000.00, and recorded in Deed Book 299, Page 531, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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 City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 6.60 acres, more or less, designated as Tract 1 of Hillcrest Estates, Phase Two, as shown on a plat of survey prepared for James Short by Max Lewallen, Registered Surveyor, dated July 24, 1996, recorded at Plat Book B, Page 16, 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.
which has the property address of 494 East Freeman Street, 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 Elmar Botha and Janice Botha and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Elmar Botha and Janice Botha
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-06786 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $1,506,895.49, dated June 18, 2008, all secured by a Deed to Secure Debt from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, dated September 7, 2007, recorded in Deed Book 333, pages 287-293, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in May, 2010, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P. O. Box 1820, Perry, Georgia 31069. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman . The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA
As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(AP7,14,21,28B/886-120)
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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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole dated November 25, 1957 and being recorded in the public records of Banks County, Georgia, in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lynn Poole and Randy L. Poole and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by KELLY DAVIS-FEARS a.k.a KELLY L. DAVIS-FEARS and GREGORY FEARS a.k.a GREGORY K. FEARS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 18, 2008, recorded in Deed Book 324, Page 857, Banks County, Georgia Records, as last transferred to Central Mortgage Company by assignment recorded in Deed Book 345, Page 723, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-FIVE THOUSAND AND 0/100 DOLLARS ($335,000.00), 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 May, 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: Central Mortgage Company, 801 John Barrow Road, Suite 1, Little Rock, AR 72205, 501-716-4624. Please 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 Kelly Davis-Fears a.k.a Kelly L. Davis-Fears or a tenant or tenants and said property is more commonly known as 40 Homer St., 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.
Central Mortgage Company as Attorney in Fact for Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cno 5/4/10
Our file no. 52017309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th G.M.D. of Maysville, Banks County, Georgia, containing 0.53 acres, being more fully shown on a Plat of Survey dated November 1, 1991, prepared by Max Lewallen, Registered Surveyor, for Henry H. Limback and Roxanne L. Yount, recorded in Banks County, Georgia Records in Plat Book 16, Page 188. Said Plat is incorporated herein by reference for a more detailed description of said property. And also: All that tract or parcel of land containing 0.03 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1, East by lands of Kenneth McClure; South by lands of Steve and Mary Hart; and West by Homer Street said tract of land being more particularly described according to plat of survey prepared by Max Lewallen, registered Surveyor, on November 1, 1991, for Henry H. Limback and Roxanne Limback, which plat is recorded in Plat Book 27, Page 124 of the Public Records of County, and being shown as Tract No. 2 and is by reference incorporated herein as part of this description. MR/cno 5/4/10 Our file no. 52017309 - FT14
(AP7,14,21,28B/12062-80T1P)
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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 August 16, 2007, executed by JASON L. BRAWNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 311, Page 793, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $168,500.00, 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 May, 2010, to-wit: May 4, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 5.000 acres, more or less, designated as Tract No. 2, as more particularly shown on a plat of survey prepared for Kathy Harrison by W.T. Dunahoo and Associates, Registered Surveyor, dated September 10, 2004, recorded in Plat Book E, Page 109, 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 aforedescribed real property is also known as 582 East County Line Road, Danielsville, Georgia 30633 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 Jason L. Brawner a/k/a David Lazo 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 JASON L. BRAWNER
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.
(AP7,14,21,28B/1328-60T4P)
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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 CRYSTAL M. BRAMLETT and TAMMY BRAMLETT to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated January 27, 2009, and securing and original indebtedness in the amount of $16,100.00, and recorded at Deed Book 335, Pages 614-618, 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 May, 2010, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, containing 3.28 acres, more or less, as shown on a Plat of Survey prepared for Ronald R. Silva by Kenneth Cash, GRLS, dated December 28, 1998, recorded in Plat Book 23, Page 181, Banks County 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 Bramlett, 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 Crystal M. Bramlett and Tammy Bramlett.
First Piedmont Financial Services, Inc., as attorneys in fact for Crystal M. Bramlett and Tammy Bramlett.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(AP7,14,21,28B/344-40)
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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 VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment recorded in Deed Book 350, Page 33, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Veronica D. Kelley and James Patrick Kelley, Sr. or a tenant or tenants and said property is more commonly known as 541 Garland White Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dw0 5/4/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/dw0 5/4/10 Our file no. 554510 - FT1
(AP7,14,21,28B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown’s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown’s Bridge Road to an iron pin found on the Southern Right of Way of Brown’s Bridge Road; run thence along the Southern Right of Way of Brown’s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-80 [Full Story »]
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ELMAR BOTHA and JANICE BOTHA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 14, 2007, in the amount of $260,000.00, and recorded in Deed Book 299, Page 531, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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 City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 6.60 acres, more or less, designated as Tract 1 of Hillcrest Estates, Phase Two, as shown on a plat of survey prepared for James Short by Max Lewallen, Registered Surveyor, dated July 24, 1996, recorded at Plat Book B, Page 16, 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.
which has the property address of 494 East Freeman Street, 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 Elmar Botha and Janice Botha and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Elmar Botha and Janice Botha
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-06786 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $1,506,895.49, dated June 18, 2008, all secured by a Deed to Secure Debt from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, dated September 7, 2007, recorded in Deed Book 333, pages 287-293, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in May, 2010, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P. O. Box 1820, Perry, Georgia 31069. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman . The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA
As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(AP7,14,21,28B/886-120)
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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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole dated November 25, 1957 and being recorded in the public records of Banks County, Georgia, in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lynn Poole and Randy L. Poole and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by KELLY DAVIS-FEARS a.k.a KELLY L. DAVIS-FEARS and GREGORY FEARS a.k.a GREGORY K. FEARS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 18, 2008, recorded in Deed Book 324, Page 857, Banks County, Georgia Records, as last transferred to Central Mortgage Company by assignment recorded in Deed Book 345, Page 723, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-FIVE THOUSAND AND 0/100 DOLLARS ($335,000.00), 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 May, 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: Central Mortgage Company, 801 John Barrow Road, Suite 1, Little Rock, AR 72205, 501-716-4624. Please 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 Kelly Davis-Fears a.k.a Kelly L. Davis-Fears or a tenant or tenants and said property is more commonly known as 40 Homer St., 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.
Central Mortgage Company as Attorney in Fact for Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cno 5/4/10
Our file no. 52017309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th G.M.D. of Maysville, Banks County, Georgia, containing 0.53 acres, being more fully shown on a Plat of Survey dated November 1, 1991, prepared by Max Lewallen, Registered Surveyor, for Henry H. Limback and Roxanne L. Yount, recorded in Banks County, Georgia Records in Plat Book 16, Page 188. Said Plat is incorporated herein by reference for a more detailed description of said property. And also: All that tract or parcel of land containing 0.03 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1, East by lands of Kenneth McClure; South by lands of Steve and Mary Hart; and West by Homer Street said tract of land being more particularly described according to plat of survey prepared by Max Lewallen, registered Surveyor, on November 1, 1991, for Henry H. Limback and Roxanne Limback, which plat is recorded in Plat Book 27, Page 124 of the Public Records of County, and being shown as Tract No. 2 and is by reference incorporated herein as part of this description. MR/cno 5/4/10 Our file no. 52017309 - FT14
(AP7,14,21,28B/12062-80T1P)
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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 August 16, 2007, executed by JASON L. BRAWNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 311, Page 793, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $168,500.00, 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 May, 2010, to-wit: May 4, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 5.000 acres, more or less, designated as Tract No. 2, as more particularly shown on a plat of survey prepared for Kathy Harrison by W.T. Dunahoo and Associates, Registered Surveyor, dated September 10, 2004, recorded in Plat Book E, Page 109, 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 aforedescribed real property is also known as 582 East County Line Road, Danielsville, Georgia 30633 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 Jason L. Brawner a/k/a David Lazo 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 JASON L. BRAWNER
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.
(AP7,14,21,28B/1328-60T4P)
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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 CRYSTAL M. BRAMLETT and TAMMY BRAMLETT to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated January 27, 2009, and securing and original indebtedness in the amount of $16,100.00, and recorded at Deed Book 335, Pages 614-618, 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 May, 2010, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, containing 3.28 acres, more or less, as shown on a Plat of Survey prepared for Ronald R. Silva by Kenneth Cash, GRLS, dated December 28, 1998, recorded in Plat Book 23, Page 181, Banks County 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 Bramlett, 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 Crystal M. Bramlett and Tammy Bramlett.
First Piedmont Financial Services, Inc., as attorneys in fact for Crystal M. Bramlett and Tammy Bramlett.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(AP7,14,21,28B/344-40)
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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 VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment recorded in Deed Book 350, Page 33, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Veronica D. Kelley and James Patrick Kelley, Sr. or a tenant or tenants and said property is more commonly known as 541 Garland White Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dw0 5/4/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/dw0 5/4/10 Our file no. 554510 - FT1
(AP7,14,21,28B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown’s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown’s Bridge Road to an iron pin found on the Southern Right of Way of Brown’s Bridge Road; run thence along the Southern Right of Way of Brown’s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-80 [Full Story »]
Banks County Public Records 04-14-10
Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by MARY BETH THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE HOME LOANS, INC., dated October 30, 2006, and filed for record November 3, 2006, in Deed Book 292, Page 3, Banks County, Georgia records, and securing a Note in the original principal amount of $500,000.00; last transferred to The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 by Assignment filed for record in the public deed records of Banks County, Georgia, 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 May, 2010, by The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 as Attorney-in-Fact for Mary Beth Thomas the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 465th District, G. M., Banks County, Georgia, and being that 10.00 acres, more or less, as more particularly shown on a plat of survey prepared for Abel Hernandez by W. T. Dunahoo and Associates, Registered Surveyor, dated March 24, 2005, recorded in Plat Book 29, page 95, 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: 30 foot ingress-egress easement identified as “Driveway Easement” on plat of survey referenced hereinabove.
ALSO: 60 foot ingress-egress easement identified as “Holland Dam Road” on a plat of survey prepared for Chris Hernandez by Slate & Assoc, Inc., dated July 19, 2004, and recorded in Plat Book E, page 78, Banks County, Georgia Records.
The above described property is also known as 492 Holland Dam Drive, 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 purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
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 Mary Beth Thomas .
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 as servicer for The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 as Attorney-in-Fact for Mary Beth Thomas
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.
(AP8,15,22,29B/119-70)
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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 ELMAR BOTHA and JANICE BOTHA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 14, 2007, in the amount of $260,000.00, and recorded in Deed Book 299, Page 531, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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 City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 6.60 acres, more or less, designated as Tract 1 of Hillcrest Estates, Phase Two, as shown on a plat of survey prepared for James Short by Max Lewallen, Registered Surveyor, dated July 24, 1996, recorded at Plat Book B, Page 16, 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.
which has the property address of 494 East Freeman Street, 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 Elmar Botha and Janice Botha and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Elmar Botha and Janice Botha
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-06786 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $1,506,895.49, dated June 18, 2008, all secured by a Deed to Secure Debt from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, dated September 7, 2007, recorded in Deed Book 333, pages 287-293, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in May, 2010, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P. O. Box 1820, Perry, Georgia 31069. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman . The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA
As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(AP7,14,21,28B/886-120)
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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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole dated November 25, 1957 and being recorded in the public records of Banks County, Georgia, in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lynn Poole and Randy L. Poole and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by KELLY DAVIS-FEARS a.k.a KELLY L. DAVIS-FEARS and GREGORY FEARS a.k.a GREGORY K. FEARS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 18, 2008, recorded in Deed Book 324, Page 857, Banks County, Georgia Records, as last transferred to Central Mortgage Company by assignment recorded in Deed Book 345, Page 723, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-FIVE THOUSAND AND 0/100 DOLLARS ($335,000.00), 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 May, 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: Central Mortgage Company, 801 John Barrow Road, Suite 1, Little Rock, AR 72205, 501-716-4624. Please 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 Kelly Davis-Fears a.k.a Kelly L. Davis-Fears or a tenant or tenants and said property is more commonly known as 40 Homer St., 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.
Central Mortgage Company as Attorney in Fact for Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cno 5/4/10
Our file no. 52017309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th G.M.D. of Maysville, Banks County, Georgia, containing 0.53 acres, being more fully shown on a Plat of Survey dated November 1, 1991, prepared by Max Lewallen, Registered Surveyor, for Henry H. Limback and Roxanne L. Yount, recorded in Banks County, Georgia Records in Plat Book 16, Page 188. Said Plat is incorporated herein by reference for a more detailed description of said property. And also: All that tract or parcel of land containing 0.03 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1, East by lands of Kenneth McClure; South by lands of Steve and Mary Hart; and West by Homer Street said tract of land being more particularly described according to plat of survey prepared by Max Lewallen, registered Surveyor, on November 1, 1991, for Henry H. Limback and Roxanne Limback, which plat is recorded in Plat Book 27, Page 124 of the Public Records of County, and being shown as Tract No. 2 and is by reference incorporated herein as part of this description. MR/cno 5/4/10 Our file no. 52017309 - FT14
(AP7,14,21,28B/12062-80T1P)
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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 August 16, 2007, executed by JASON L. BRAWNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 311, Page 793, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $168,500.00, 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 May, 2010, to-wit: May 4, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 5.000 acres, more or less, designated as Tract No. 2, as more particularly shown on a plat of survey prepared for Kathy Harrison by W.T. Dunahoo and Associates, Registered Surveyor, dated September 10, 2004, recorded in Plat Book E, Page 109, 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 aforedescribed real property is also known as 582 East County Line Road, Danielsville, Georgia 30633 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 Jason L. Brawner a/k/a David Lazo 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 JASON L. BRAWNER
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.
(AP7,14,21,28B/1328-60T4P)
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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 CRYSTAL M. BRAMLETT and TAMMY BRAMLETT to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated January 27, 2009, and securing and original indebtedness in the amount of $16,100.00, and recorded at Deed Book 335, Pages 614-618, 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 May, 2010, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, containing 3.28 acres, more or less, as shown on a Plat of Survey prepared for Ronald R. Silva by Kenneth Cash, GRLS, dated December 28, 1998, recorded in Plat Book 23, Page 181, Banks County 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 Bramlett, 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 Crystal M. Bramlett and Tammy Bramlett.
First Piedmont Financial Services, Inc., as attorneys in fact for Crystal M. Bramlett and Tammy Bramlett.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(AP7,14,21,28B/344-40)
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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 DAVID F. MEALOR to H&R BLOCK MORTGAGE CORPORATION dated August 8, 2003, and recorded in Deed Book 220, Page 761, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, Asset Backed Pass-Through Certificates, Series 2003-HE6, by Assignment securing a Note in the original principal amount of $102,000.00, 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, May 4, 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:
The land referred to in this exhibit is located in the County of Banks and the State of Georgia in Deed Book 119 at Page 346 and described as follows:
All that tract or parcel of land lying and being in the 1210th G.M. District of Banks County, Georgia, and being described according to a plat of survey for David Mealor by Tommy J. Phillips, G.R.L.S., dated August 5, 1997, as the following real property, to-wit:
Begin at a point where the southwesterly right of way of Samples Scales Road intersects the westerly right of way of U.S. Highway 441 and from said point run northwesterly along said Samples Scale Road right of way a distance of 1 mile to an iron pin that marks the beginning point of the herein conveyed tract, and thence run south 63 degrees 48 minutes 52 seconds west a distance of 210.74 feet to an iron pin; thence run south 47 degrees 03 minutes 57 seconds west a distance of 236.18 feet to an iron pin; thence run north 34 degrees 41 minutes 38 seconds west a distance of 150 feet to an iron pin; thence run north 50 degrees 32 minutes 25 seconds east a distance of 297.39 feet to an iron pin thence run south 34 degrees 41 minutes 38 seconds east a distance of 125.01 feet to an iron pin; thence run north 63 degrees 48 minutes 52 seconds east a distance of 149.41 feet to an iron pin at the southwesterly right of way of Samples Scales Road; thence along said right of way south 30 degrees 11 minutes 16 seconds east a distance of 25 feet to the point of beginning. Reference is hereby made to the said plat by Tommy J. Phillips for all purposes of description, said plat being incorporated herein by reference.
Said property is known as 619 Scales Creek Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of David F. Mealor, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of David F. Mealor, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, N.A., as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, Asset Backed Pass-Through Certificates, Series 2003-HE6 as Attorney-in-Fact for David F. Mealor
File no. 10-002211
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/BB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AP7,14,21,28B/1323-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment recorded in Deed Book 350, Page 33, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Veronica D. Kelley and James Patrick Kelley, Sr. or a tenant or tenants and said property is more commonly known as 541 Garland White Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dw0 5/4/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/dw0 5/4/10 Our file no. 554510 - FT1
(AP7,14,21,28B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown’s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown’s Bridge Road to an iron pin found on the Southern Right of Way of Brown’s Bridge Road; run thence along the Southern Right of Way of Brown’s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-80)
[Full Story »]
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by MARY BETH THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE HOME LOANS, INC., dated October 30, 2006, and filed for record November 3, 2006, in Deed Book 292, Page 3, Banks County, Georgia records, and securing a Note in the original principal amount of $500,000.00; last transferred to The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 by Assignment filed for record in the public deed records of Banks County, Georgia, 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 May, 2010, by The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 as Attorney-in-Fact for Mary Beth Thomas the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 465th District, G. M., Banks County, Georgia, and being that 10.00 acres, more or less, as more particularly shown on a plat of survey prepared for Abel Hernandez by W. T. Dunahoo and Associates, Registered Surveyor, dated March 24, 2005, recorded in Plat Book 29, page 95, 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: 30 foot ingress-egress easement identified as “Driveway Easement” on plat of survey referenced hereinabove.
ALSO: 60 foot ingress-egress easement identified as “Holland Dam Road” on a plat of survey prepared for Chris Hernandez by Slate & Assoc, Inc., dated July 19, 2004, and recorded in Plat Book E, page 78, Banks County, Georgia Records.
The above described property is also known as 492 Holland Dam Drive, 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 purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
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 Mary Beth Thomas .
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 as servicer for The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 as Attorney-in-Fact for Mary Beth Thomas
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.
(AP8,15,22,29B/119-70)
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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 ELMAR BOTHA and JANICE BOTHA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 14, 2007, in the amount of $260,000.00, and recorded in Deed Book 299, Page 531, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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 City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 6.60 acres, more or less, designated as Tract 1 of Hillcrest Estates, Phase Two, as shown on a plat of survey prepared for James Short by Max Lewallen, Registered Surveyor, dated July 24, 1996, recorded at Plat Book B, Page 16, 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.
which has the property address of 494 East Freeman Street, 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 Elmar Botha and Janice Botha and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Elmar Botha and Janice Botha
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-06786 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $1,506,895.49, dated June 18, 2008, all secured by a Deed to Secure Debt from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, dated September 7, 2007, recorded in Deed Book 333, pages 287-293, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in May, 2010, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P. O. Box 1820, Perry, Georgia 31069. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman . The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA
As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(AP7,14,21,28B/886-120)
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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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole dated November 25, 1957 and being recorded in the public records of Banks County, Georgia, in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lynn Poole and Randy L. Poole and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by KELLY DAVIS-FEARS a.k.a KELLY L. DAVIS-FEARS and GREGORY FEARS a.k.a GREGORY K. FEARS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 18, 2008, recorded in Deed Book 324, Page 857, Banks County, Georgia Records, as last transferred to Central Mortgage Company by assignment recorded in Deed Book 345, Page 723, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-FIVE THOUSAND AND 0/100 DOLLARS ($335,000.00), 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 May, 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: Central Mortgage Company, 801 John Barrow Road, Suite 1, Little Rock, AR 72205, 501-716-4624. Please 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 Kelly Davis-Fears a.k.a Kelly L. Davis-Fears or a tenant or tenants and said property is more commonly known as 40 Homer St., 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.
Central Mortgage Company as Attorney in Fact for Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cno 5/4/10
Our file no. 52017309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th G.M.D. of Maysville, Banks County, Georgia, containing 0.53 acres, being more fully shown on a Plat of Survey dated November 1, 1991, prepared by Max Lewallen, Registered Surveyor, for Henry H. Limback and Roxanne L. Yount, recorded in Banks County, Georgia Records in Plat Book 16, Page 188. Said Plat is incorporated herein by reference for a more detailed description of said property. And also: All that tract or parcel of land containing 0.03 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1, East by lands of Kenneth McClure; South by lands of Steve and Mary Hart; and West by Homer Street said tract of land being more particularly described according to plat of survey prepared by Max Lewallen, registered Surveyor, on November 1, 1991, for Henry H. Limback and Roxanne Limback, which plat is recorded in Plat Book 27, Page 124 of the Public Records of County, and being shown as Tract No. 2 and is by reference incorporated herein as part of this description. MR/cno 5/4/10 Our file no. 52017309 - FT14
(AP7,14,21,28B/12062-80T1P)
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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 August 16, 2007, executed by JASON L. BRAWNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 311, Page 793, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $168,500.00, 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 May, 2010, to-wit: May 4, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 5.000 acres, more or less, designated as Tract No. 2, as more particularly shown on a plat of survey prepared for Kathy Harrison by W.T. Dunahoo and Associates, Registered Surveyor, dated September 10, 2004, recorded in Plat Book E, Page 109, 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 aforedescribed real property is also known as 582 East County Line Road, Danielsville, Georgia 30633 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 Jason L. Brawner a/k/a David Lazo 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 JASON L. BRAWNER
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.
(AP7,14,21,28B/1328-60T4P)
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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 CRYSTAL M. BRAMLETT and TAMMY BRAMLETT to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated January 27, 2009, and securing and original indebtedness in the amount of $16,100.00, and recorded at Deed Book 335, Pages 614-618, 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 May, 2010, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, containing 3.28 acres, more or less, as shown on a Plat of Survey prepared for Ronald R. Silva by Kenneth Cash, GRLS, dated December 28, 1998, recorded in Plat Book 23, Page 181, Banks County 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 Bramlett, 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 Crystal M. Bramlett and Tammy Bramlett.
First Piedmont Financial Services, Inc., as attorneys in fact for Crystal M. Bramlett and Tammy Bramlett.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(AP7,14,21,28B/344-40)
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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 DAVID F. MEALOR to H&R BLOCK MORTGAGE CORPORATION dated August 8, 2003, and recorded in Deed Book 220, Page 761, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, Asset Backed Pass-Through Certificates, Series 2003-HE6, by Assignment securing a Note in the original principal amount of $102,000.00, 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, May 4, 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:
The land referred to in this exhibit is located in the County of Banks and the State of Georgia in Deed Book 119 at Page 346 and described as follows:
All that tract or parcel of land lying and being in the 1210th G.M. District of Banks County, Georgia, and being described according to a plat of survey for David Mealor by Tommy J. Phillips, G.R.L.S., dated August 5, 1997, as the following real property, to-wit:
Begin at a point where the southwesterly right of way of Samples Scales Road intersects the westerly right of way of U.S. Highway 441 and from said point run northwesterly along said Samples Scale Road right of way a distance of 1 mile to an iron pin that marks the beginning point of the herein conveyed tract, and thence run south 63 degrees 48 minutes 52 seconds west a distance of 210.74 feet to an iron pin; thence run south 47 degrees 03 minutes 57 seconds west a distance of 236.18 feet to an iron pin; thence run north 34 degrees 41 minutes 38 seconds west a distance of 150 feet to an iron pin; thence run north 50 degrees 32 minutes 25 seconds east a distance of 297.39 feet to an iron pin thence run south 34 degrees 41 minutes 38 seconds east a distance of 125.01 feet to an iron pin; thence run north 63 degrees 48 minutes 52 seconds east a distance of 149.41 feet to an iron pin at the southwesterly right of way of Samples Scales Road; thence along said right of way south 30 degrees 11 minutes 16 seconds east a distance of 25 feet to the point of beginning. Reference is hereby made to the said plat by Tommy J. Phillips for all purposes of description, said plat being incorporated herein by reference.
Said property is known as 619 Scales Creek Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of David F. Mealor, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of David F. Mealor, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, N.A., as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, Asset Backed Pass-Through Certificates, Series 2003-HE6 as Attorney-in-Fact for David F. Mealor
File no. 10-002211
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/BB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AP7,14,21,28B/1323-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment recorded in Deed Book 350, Page 33, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Veronica D. Kelley and James Patrick Kelley, Sr. or a tenant or tenants and said property is more commonly known as 541 Garland White Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dw0 5/4/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/dw0 5/4/10 Our file no. 554510 - FT1
(AP7,14,21,28B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown’s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown’s Bridge Road to an iron pin found on the Southern Right of Way of Brown’s Bridge Road; run thence along the Southern Right of Way of Brown’s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-80)
[Full Story »]
Banks County Public Records 04-07-10
Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by MARY BETH THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE HOME LOANS, INC., dated October 30, 2006, and filed for record November 3, 2006, in Deed Book 292, Page 3, Banks County, Georgia records, and securing a Note in the original principal amount of $500,000.00; last transferred to The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 by Assignment filed for record in the public deed records of Banks County, Georgia, 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 May, 2010, by The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 as Attorney-in-Fact for Mary Beth Thomas the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 465th District, G. M., Banks County, Georgia, and being that 10.00 acres, more or less, as more particularly shown on a plat of survey prepared for Abel Hernandez by W. T. Dunahoo and Associates, Registered Surveyor, dated March 24, 2005, recorded in Plat Book 29, page 95, 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: 30 foot ingress-egress easement identified as “Driveway Easement” on plat of survey referenced hereinabove.
ALSO: 60 foot ingress-egress easement identified as “Holland Dam Road” on a plat of survey prepared for Chris Hernandez by Slate & Assoc, Inc., dated July 19, 2004, and recorded in Plat Book E, page 78, Banks County, Georgia Records.
The above described property is also known as 492 Holland Dam Drive, 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 purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
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 Mary Beth Thomas .
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 as servicer for The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 as Attorney-in-Fact for Mary Beth Thomas
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.
(AP8,15,22,29B/119-70)
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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 ELMAR BOTHA and JANICE BOTHA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 14, 2007, in the amount of $260,000.00, and recorded in Deed Book 299, Page 531, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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 City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 6.60 acres, more or less, designated as Tract 1 of Hillcrest Estates, Phase Two, as shown on a plat of survey prepared for James Short by Max Lewallen, Registered Surveyor, dated July 24, 1996, recorded at Plat Book B, Page 16, 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.
which has the property address of 494 East Freeman Street, 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 Elmar Botha and Janice Botha and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Elmar Botha and Janice Botha
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-06786 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $1,506,895.49, dated June 18, 2008, all secured by a Deed to Secure Debt from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, dated September 7, 2007, recorded in Deed Book 333, pages 287-293, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in May, 2010, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P. O. Box 1820, Perry, Georgia 31069. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman . The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA
As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(AP7,14,21,28B/886-120)
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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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole dated November 25, 1957 and being recorded in the public records of Banks County, Georgia, in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lynn Poole and Randy L. Poole and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by KELLY DAVIS-FEARS a.k.a KELLY L. DAVIS-FEARS and GREGORY FEARS a.k.a GREGORY K. FEARS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 18, 2008, recorded in Deed Book 324, Page 857, Banks County, Georgia Records, as last transferred to Central Mortgage Company by assignment recorded in Deed Book 345, Page 723, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-FIVE THOUSAND AND 0/100 DOLLARS ($335,000.00), 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 May, 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: Central Mortgage Company, 801 John Barrow Road, Suite 1, Little Rock, AR 72205, 501-716-4624. Please 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 Kelly Davis-Fears a.k.a Kelly L. Davis-Fears or a tenant or tenants and said property is more commonly known as 40 Homer St., 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.
Central Mortgage Company as Attorney in Fact for Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cno 5/4/10
Our file no. 52017309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th G.M.D. of Maysville, Banks County, Georgia, containing 0.53 acres, being more fully shown on a Plat of Survey dated November 1, 1991, prepared by Max Lewallen, Registered Surveyor, for Henry H. Limback and Roxanne L. Yount, recorded in Banks County, Georgia Records in Plat Book 16, Page 188. Said Plat is incorporated herein by reference for a more detailed description of said property. And also: All that tract or parcel of land containing 0.03 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1, East by lands of Kenneth McClure; South by lands of Steve and Mary Hart; and West by Homer Street said tract of land being more particularly described according to plat of survey prepared by Max Lewallen, registered Surveyor, on November 1, 1991, for Henry H. Limback and Roxanne Limback, which plat is recorded in Plat Book 27, Page 124 of the Public Records of County, and being shown as Tract No. 2 and is by reference incorporated herein as part of this description. MR/cno 5/4/10 Our file no. 52017309 - FT14
(AP7,14,21,28B/12062-80T1P)
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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 August 16, 2007, executed by JASON L. BRAWNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 311, Page 793, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $168,500.00, 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 May, 2010, to-wit: May 4, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 5.000 acres, more or less, designated as Tract No. 2, as more particularly shown on a plat of survey prepared for Kathy Harrison by W.T. Dunahoo and Associates, Registered Surveyor, dated September 10, 2004, recorded in Plat Book E, Page 109, 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 aforedescribed real property is also known as 582 East County Line Road, Danielsville, Georgia 30633 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 Jason L. Brawner a/k/a David Lazo 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 JASON L. BRAWNER
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.
(AP7,14,21,28B/1328-60T4P)
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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 CRYSTAL M. BRAMLETT and TAMMY BRAMLETT to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated January 27, 2009, and securing and original indebtedness in the amount of $16,100.00, and recorded at Deed Book 335, Pages 614-618, 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 May, 2010, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, containing 3.28 acres, more or less, as shown on a Plat of Survey prepared for Ronald R. Silva by Kenneth Cash, GRLS, dated December 28, 1998, recorded in Plat Book 23, Page 181, Banks County 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 Bramlett, 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 Crystal M. Bramlett and Tammy Bramlett.
First Piedmont Financial Services, Inc., as attorneys in fact for Crystal M. Bramlett and Tammy Bramlett.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(AP7,14,21,28B/344-40)
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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 DAVID F. MEALOR to H&R BLOCK MORTGAGE CORPORATION dated August 8, 2003, and recorded in Deed Book 220, Page 761, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, Asset Backed Pass-Through Certificates, Series 2003-HE6, by Assignment securing a Note in the original principal amount of $102,000.00, 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, May 4, 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:
The land referred to in this exhibit is located in the County of Banks and the State of Georgia in Deed Book 119 at Page 346 and described as follows:
All that tract or parcel of land lying and being in the 1210th G.M. District of Banks County, Georgia, and being described according to a plat of survey for David Mealor by Tommy J. Phillips, G.R.L.S., dated August 5, 1997, as the following real property, to-wit:
Begin at a point where the southwesterly right of way of Samples Scales Road intersects the westerly right of way of U.S. Highway 441 and from said point run northwesterly along said Samples Scale Road right of way a distance of 1 mile to an iron pin that marks the beginning point of the herein conveyed tract, and thence run south 63 degrees 48 minutes 52 seconds west a distance of 210.74 feet to an iron pin; thence run south 47 degrees 03 minutes 57 seconds west a distance of 236.18 feet to an iron pin; thence run north 34 degrees 41 minutes 38 seconds west a distance of 150 feet to an iron pin; thence run north 50 degrees 32 minutes 25 seconds east a distance of 297.39 feet to an iron pin thence run south 34 degrees 41 minutes 38 seconds east a distance of 125.01 feet to an iron pin; thence run north 63 degrees 48 minutes 52 seconds east a distance of 149.41 feet to an iron pin at the southwesterly right of way of Samples Scales Road; thence along said right of way south 30 degrees 11 minutes 16 seconds east a distance of 25 feet to the point of beginning. Reference is hereby made to the said plat by Tommy J. Phillips for all purposes of description, said plat being incorporated herein by reference.
Said property is known as 619 Scales Creek Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of David F. Mealor, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of David F. Mealor, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, N.A., as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, Asset Backed Pass-Through Certificates, Series 2003-HE6 as Attorney-in-Fact for David F. Mealor
File no. 10-002211
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/BB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AP7,14,21,28B/1323-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SHANNON BAKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 24, 2007, recorded in Deed Book 315, Page 111, 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 TWO HUNDRED FIFTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($259,900.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 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 Shannon Baker or a tenant or tenants and said property is more commonly known as 461 Payne 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.
SunTrust Mortgage, Inc. as Attorney in Fact for Shannon Baker
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 5/4/10
Our file no. 51024910-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 28th GMD, Banks County, Georgia, containing 2.019 acres, more or less, bounded now or formerly as follows: North by lands of Marshall; East by lands of Reid Hardin; South by Payne Road; and West by lands of Dwayne Foster. Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, RLS, dated October 19, 2005, for Mary Lou Marshall, recorded in Plat Book 30, Page 23, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 274, Page 657, said records. The above described property is subject to those restrictions as listed on Warranty Deed recorded in Deed Book 274, Page 657, Banks County Records. MR/jas 5/4/10 Our file no. 51024910 - FT2
(AP7,14,21,28B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment recorded in Deed Book 350, Page 33, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Veronica D. Kelley and James Patrick Kelley, Sr. or a tenant or tenants and said property is more commonly known as 541 Garland White Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dw0 5/4/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/dw0 5/4/10 Our file no. 554510 - FT1
(AP7,14,21,28B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown’s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown’s Bridge Road to an iron pin found on the Southern Right of Way of Brown’s Bridge Road; run thence along the Southern Right of Way of Brown’s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-80)
[Full Story »]
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by MARY BETH THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for COUNTRYWIDE HOME LOANS, INC., dated October 30, 2006, and filed for record November 3, 2006, in Deed Book 292, Page 3, Banks County, Georgia records, and securing a Note in the original principal amount of $500,000.00; last transferred to The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 by Assignment filed for record in the public deed records of Banks County, Georgia, 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 May, 2010, by The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 as Attorney-in-Fact for Mary Beth Thomas the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 465th District, G. M., Banks County, Georgia, and being that 10.00 acres, more or less, as more particularly shown on a plat of survey prepared for Abel Hernandez by W. T. Dunahoo and Associates, Registered Surveyor, dated March 24, 2005, recorded in Plat Book 29, page 95, 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: 30 foot ingress-egress easement identified as “Driveway Easement” on plat of survey referenced hereinabove.
ALSO: 60 foot ingress-egress easement identified as “Holland Dam Road” on a plat of survey prepared for Chris Hernandez by Slate & Assoc, Inc., dated July 19, 2004, and recorded in Plat Book E, page 78, Banks County, Georgia Records.
The above described property is also known as 492 Holland Dam Drive, 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 purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
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 Mary Beth Thomas .
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 as servicer for The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-J8 Mortgage Pass-Through Certificates Series 2006-J8 as Attorney-in-Fact for Mary Beth Thomas
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.
(AP8,15,22,29B/119-70)
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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 ELMAR BOTHA and JANICE BOTHA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated February 14, 2007, in the amount of $260,000.00, and recorded in Deed Book 299, Page 531, Banks County, Georgia Records, as last transferred to Ocwen Loan Servicing, LLC by assignment, the undersigned, Ocwen Loan Servicing, LLC pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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 City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 6.60 acres, more or less, designated as Tract 1 of Hillcrest Estates, Phase Two, as shown on a plat of survey prepared for James Short by Max Lewallen, Registered Surveyor, dated July 24, 1996, recorded at Plat Book B, Page 16, 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.
which has the property address of 494 East Freeman Street, 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 Elmar Botha and Janice Botha and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Ocwen Loan Servicing, LLC Attorney in Fact for Elmar Botha and Janice Botha
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-06786 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Because of the default in the payment of a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $501,250.00, dated June 18, 2008; a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA in the original principal amount of $60,000.00, dated June 18, 2008; and a note executed by BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, in the original principal amount of $1,506,895.49, dated June 18, 2008, all secured by a Deed to Secure Debt from BOLEMAN PROPERTIES, LLC, TIMOTHY M. BOLEMAN, and PHILLIP N. BOLEMAN to AgGEORGIA FARM CREDIT, ACA, dated September 7, 2007, recorded in Deed Book 333, pages 287-293, Banks County, Georgia Deed Records, the undersigned has declared the full unpaid amount of the indebtedness secured by said deed due and payable, and acting under the power of sale contained in said deed, for the purpose of paying said indebtedness, will on the first Tuesday in May, 2010, during the legal hours of sale at the courthouse in Banks County, Georgia, sell at public outcry to the highest bidder for cash, the following described property:
TRACT I:
All that tract or parcel of land lying and being in the 265th District of Banks County, Georgia, G.M. containing 137.81 acres, more or less, according to plat of survey prepared by Tyson and Associates, dated July 16, 1987, and being more fully described as follows: BEGINNING at a point in the centerline of the Hudson River on the most westerly portion of the tract herein described and conveyed, common to lands of Dunlop; thence along the centerline of the Hudson River the following courses and distances: North 27°03’ West 61.4 feet, North 61°01’ East 221 feet; North 18°54’ East 65.0 feet, North 28°29’ West 209.2 feet, North 17°48’ West 247.5 feet to a corner at the intersection of the Hudson River with Camp Creek; thence in a northeasterly direction along the centerline of Camp Creek 620 feet, more or less to a point; thence leaving the creek and running North 66°00’ East 258.5 feet to an iron pin corner at a Spanish oak; thence South 87°06’ East 2368.8 feet to an iron pin corner at Black Gum stump; thence South 68°22’ East 1164.1 feet to concrete monument corner; thence South 49°18’ West 1216.9 feet to rock corner; thence 58°02’ West 986.3 feet to an iron pin corner and Spanish oak stump; thence South 76°20’ West 562.7 feet to concrete monument corner; thence South 77°10’ West 426.5 feet to an iron pin corner at hickory stump; thence South 62°20’ West 99.0 feet to an iron pin corner; thence North 02°41’ West 259.3 feet to an iron pin corner at a 15-inch hickory; thence South 81°00’ West 891.0 feet to an iron pin corner; thence North 13°12’ West 809.5 feet to a corner; thence North 65°09’ West 287.0 feet to the centerline of the Hudson River, the point of beginning.
Excepted and excluded from this conveyance is an easement for right of way executed by William L. Cooley and Mary Ann Cooley to Georgia Power Company, dated May 13, 1993, and recorded June 1, 1993 in Deed Book 80, page 40, Banks County records.
TRACT II:
All that tract or parcel of land lying and being in the 1580th District G.M., Banks County, Georgia, containing 47.1 acres, more or less, and described as follows:
BEGINNING at white oak corner with land of Mrs. L. B. White and John F. Chambers; thence North 67° East 730 feet to white oak corner; thence North 54°10’ West 504 feet to white oak corner; thence North 55°30’ East 367 feet to stone corner; thence North 56° East 735 feet along a wire fence to stone corner; thence South 71°15’ East 193 feet to corner; thence South 59° East 260 feet to corner; thence South 47° East 272 feet to corner; thence South 56°15’ East 208 feet to corner; thence South 63°30’ East 578 feet to stone corner; thence South 72°45’ West 265 feet to corner; thence South 69° West 209 feet and Inez Moss; thence South 97°15’ East 597 feet to iron pin corner on the Line Church to Cornelia public road, the POINT OF BEGINNING and being the land conveyed to Omer J. Anderson as shown in Deed Book N-N at Page 372-B, said Deed Records.
TRACT III:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, being shown and designated as Tract 4, containing 49.44 acres, as per plat thereof recorded in Plat Book F, Page 44, Banks County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This sale will be held subject to any outstanding ad valorem taxes (including taxes which are a lien but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest and expenses of the sale and other sums secured by the deed to secure debt, and the remainder if any shall be applied as permitted by law.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is AgGeorgia Farm Credit, ACA, P. O. Box 1820, Perry, Georgia 31069. Please understand that the secured creditor is not required by law to negotiate, amend or modify the terms of the mortgage instrument.
To the best of the undersigned’s knowledge and belief the property is in the possession of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman, and said property will be sold as the property of Boleman Properties, LLC, Timothy M. Boleman and Phillip N. Boleman . The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit of the status of the loan with the holder of the security deed.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned deeds to secure debt.
This law firm is acting as a debt collector attempting to collect a debt and all information obtained shall be used for that purpose.
AgGEORGIA FARM CREDIT, ACA
As attorney in fact for BOLEMAN PROPERTIES, LLC,
TIMOTHY M. BOLEMAN and PHILLIP N. BOLEMAN
Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(AP7,14,21,28B/886-120)
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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 LYNN POOLE and RANDY L. POOLE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 16, 2005, in the amount of $218,450.00, and recorded in Deed Book 262, Page 742, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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:
The following described parcel of land and improvements and appurtenances there to in County of Banks, State of Georgia to wit: All that tract or parcel of land lying and being in Banks County, Georgia, Poplar Springs Grove River Districts, GM Containing 40 Acres, more or less, and being located about 3 1/2 Miles Northeast Mrs. Mo Dunbar to SS Davis by Deed Dated April 23, 1938, and recorded in Clerks Office Banks County Georgia in DB 2 PG 256, and bounded now or formerly as follows: on the North by Parson formerly Crumely, East by Old Gillsville Homer Road, West by Wells and on the South by lands of Whitlock Formerly Garey Griffin and being the same land conveyed by TB Davis to Lamatine Parson by Deed Dated June 11, 1956, and recorded in DB HH PG III, and conveyed by Russell Jackson to said TB Davis Note:
This is the same property as that described in that certain Warranty Deed from Lamatine Parson to Jewell Poole and Mrs. Janie Poole dated November 25, 1957 and being recorded in the public records of Banks County, Georgia, in DB HH PG 602
which has the property address of 275 Hickory Flats Drive, Gillsville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lynn Poole and Randy L. Poole and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Lynn Poole and Randy L. Poole
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-25312 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by KELLY DAVIS-FEARS a.k.a KELLY L. DAVIS-FEARS and GREGORY FEARS a.k.a GREGORY K. FEARS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 18, 2008, recorded in Deed Book 324, Page 857, Banks County, Georgia Records, as last transferred to Central Mortgage Company by assignment recorded in Deed Book 345, Page 723, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-FIVE THOUSAND AND 0/100 DOLLARS ($335,000.00), 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 May, 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: Central Mortgage Company, 801 John Barrow Road, Suite 1, Little Rock, AR 72205, 501-716-4624. Please 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 Kelly Davis-Fears a.k.a Kelly L. Davis-Fears or a tenant or tenants and said property is more commonly known as 40 Homer St., 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.
Central Mortgage Company as Attorney in Fact for Kelly Davis-Fears a.k.a Kelly L. Davis-Fears and Gregory Fears a.k.a Gregory K. Fears
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cno 5/4/10
Our file no. 52017309-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the 465th G.M.D. of Maysville, Banks County, Georgia, containing 0.53 acres, being more fully shown on a Plat of Survey dated November 1, 1991, prepared by Max Lewallen, Registered Surveyor, for Henry H. Limback and Roxanne L. Yount, recorded in Banks County, Georgia Records in Plat Book 16, Page 188. Said Plat is incorporated herein by reference for a more detailed description of said property. And also: All that tract or parcel of land containing 0.03 acre, more or less, in the 465th GMD of Banks County, Georgia, and bounded now or formerly as follows: North by Tract 1, East by lands of Kenneth McClure; South by lands of Steve and Mary Hart; and West by Homer Street said tract of land being more particularly described according to plat of survey prepared by Max Lewallen, registered Surveyor, on November 1, 1991, for Henry H. Limback and Roxanne Limback, which plat is recorded in Plat Book 27, Page 124 of the Public Records of County, and being shown as Tract No. 2 and is by reference incorporated herein as part of this description. MR/cno 5/4/10 Our file no. 52017309 - FT14
(AP7,14,21,28B/12062-80T1P)
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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 August 16, 2007, executed by JASON L. BRAWNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. recorded in Deed Book 311, Page 793, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $168,500.00, 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 May, 2010, to-wit: May 4, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 5.000 acres, more or less, designated as Tract No. 2, as more particularly shown on a plat of survey prepared for Kathy Harrison by W.T. Dunahoo and Associates, Registered Surveyor, dated September 10, 2004, recorded in Plat Book E, Page 109, 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 aforedescribed real property is also known as 582 East County Line Road, Danielsville, Georgia 30633 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 Jason L. Brawner a/k/a David Lazo 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 JASON L. BRAWNER
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.
(AP7,14,21,28B/1328-60T4P)
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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 CRYSTAL M. BRAMLETT and TAMMY BRAMLETT to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated January 27, 2009, and securing and original indebtedness in the amount of $16,100.00, and recorded at Deed Book 335, Pages 614-618, 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 May, 2010, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 284th GMD, Banks County, Georgia, containing 3.28 acres, more or less, as shown on a Plat of Survey prepared for Ronald R. Silva by Kenneth Cash, GRLS, dated December 28, 1998, recorded in Plat Book 23, Page 181, Banks County 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 Bramlett, 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 Crystal M. Bramlett and Tammy Bramlett.
First Piedmont Financial Services, Inc., as attorneys in fact for Crystal M. Bramlett and Tammy Bramlett.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(AP7,14,21,28B/344-40)
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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 DAVID F. MEALOR to H&R BLOCK MORTGAGE CORPORATION dated August 8, 2003, and recorded in Deed Book 220, Page 761, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, Asset Backed Pass-Through Certificates, Series 2003-HE6, by Assignment securing a Note in the original principal amount of $102,000.00, 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, May 4, 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:
The land referred to in this exhibit is located in the County of Banks and the State of Georgia in Deed Book 119 at Page 346 and described as follows:
All that tract or parcel of land lying and being in the 1210th G.M. District of Banks County, Georgia, and being described according to a plat of survey for David Mealor by Tommy J. Phillips, G.R.L.S., dated August 5, 1997, as the following real property, to-wit:
Begin at a point where the southwesterly right of way of Samples Scales Road intersects the westerly right of way of U.S. Highway 441 and from said point run northwesterly along said Samples Scale Road right of way a distance of 1 mile to an iron pin that marks the beginning point of the herein conveyed tract, and thence run south 63 degrees 48 minutes 52 seconds west a distance of 210.74 feet to an iron pin; thence run south 47 degrees 03 minutes 57 seconds west a distance of 236.18 feet to an iron pin; thence run north 34 degrees 41 minutes 38 seconds west a distance of 150 feet to an iron pin; thence run north 50 degrees 32 minutes 25 seconds east a distance of 297.39 feet to an iron pin thence run south 34 degrees 41 minutes 38 seconds east a distance of 125.01 feet to an iron pin; thence run north 63 degrees 48 minutes 52 seconds east a distance of 149.41 feet to an iron pin at the southwesterly right of way of Samples Scales Road; thence along said right of way south 30 degrees 11 minutes 16 seconds east a distance of 25 feet to the point of beginning. Reference is hereby made to the said plat by Tommy J. Phillips for all purposes of description, said plat being incorporated herein by reference.
Said property is known as 619 Scales Creek Road, Homer, GA 30547, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of David F. Mealor, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of David F. Mealor, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, N.A., as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust 2003-HE6, Asset Backed Pass-Through Certificates, Series 2003-HE6 as Attorney-in-Fact for David F. Mealor
File no. 10-002211
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100?Atlanta, GA 30341-3941
(770)220-2535/BB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AP7,14,21,28B/1323-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by SHANNON BAKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 24, 2007, recorded in Deed Book 315, Page 111, 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 TWO HUNDRED FIFTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($259,900.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 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 Shannon Baker or a tenant or tenants and said property is more commonly known as 461 Payne 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.
SunTrust Mortgage, Inc. as Attorney in Fact for Shannon Baker
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 5/4/10
Our file no. 51024910-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 28th GMD, Banks County, Georgia, containing 2.019 acres, more or less, bounded now or formerly as follows: North by lands of Marshall; East by lands of Reid Hardin; South by Payne Road; and West by lands of Dwayne Foster. Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, RLS, dated October 19, 2005, for Mary Lou Marshall, recorded in Plat Book 30, Page 23, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 274, Page 657, said records. The above described property is subject to those restrictions as listed on Warranty Deed recorded in Deed Book 274, Page 657, Banks County Records. MR/jas 5/4/10 Our file no. 51024910 - FT2
(AP7,14,21,28B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by VERONICA D. KELLEY and JAMES PATRICK KELLEY, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 24, 2006, recorded in Deed Book 293, Page 781, Banks County, Georgia Records, as last transferred to U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 by assignment recorded in Deed Book 350, Page 33, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SIX THOUSAND EIGHT HUNDRED FIFTY AND 0/100 DOLLARS ($76,850.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in May, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD PA9-150-02-50, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Veronica D. Kelley and James Patrick Kelley, Sr. or a tenant or tenants and said property is more commonly known as 541 Garland White Rd., Alto, Georgia 30510. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank, National Association, as successor trustee to Bank of America, N. A. as successor by merger to LaSalle Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-FF1 as Attorney in Fact for Veronica D. Kelley and James Patrick Kelley, Sr.
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/dw0 5/4/10
Our file no. 554510-FT1
EXHIBIT “A”
All that tract or parcel of land lying and being in the 448th GMD, Banks County, Georgia, containing 0.287 acres, more or less, as shown on plat of survey prepared for William W. Purdy, Jr. by Roy A. Terrell, RLS, dated April 5, 1996 and recorded in Plat Book 22, Page 200, Banks County, Georgia Records, to which plat reference is made for a more detailed description. MR/dw0 5/4/10 Our file no. 554510 - FT1
(AP7,14,21,28B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by LORENZO T. CARRUTH to LONG BEACH MORTGAGE COMPANY dated March 15, 2006, in the amount of $248,000.00, and recorded in Deed Book 281, Page 518, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 by assignment, the undersigned, Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 2010, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that parcel of land lying and being in Davids (207) GMD of Banks County, Georgia, being Tract No. 2 containing 7.00 acres, more or less, as per survey for Timothy A. Lewis, dated September 8, 2004, by Slate and Associates, Inc., Registered Land Surveyor, License Number 2629, and more particularly described as follows: to find the True Point of Beginning, start at the iron pin found on the Northern side of Brown’s Ridge Road Right of Way (80 Foot Right to Way); run thence South 28 degrees 54 minutes 02 seconds West a distance of 79.54 feet across Brown’s Bridge Road to an iron pin found on the Southern Right of Way of Brown’s Bridge Road; run thence along the Southern Right of Way of Brown’s Bridge Road South 55 degrees 44 minutes 00 seconds East a distance of 753.98 feet to an iron pin set, which point is the True Point of Beginning; run thence South 55 degrees 44 minutes 00 seconds East a distance of 342.76 feet to an iron pin found; run thence South 53 degrees 35 minutes 00 seconds West a distance of 1163.18 feet to an iron pin set; run thence along the center line of the branch North 53 degrees 31 minutes 37 seconds West a distance of 10.96 feet; run thence North 30 degrees 13 minutes 23 seconds East a distance of 34.04 feet; run thence North 62 degrees 35 minutes 12 seconds West a distance of 25.97 feet; run thence North 25 degrees 54 minutes 51 seconds West a distance of 34.47 feet; run thence North 17 degrees 17 minutes 24 seconds West a distance of 45.17 feet; run thence North 03 degrees 13 minutes 52 seconds West a distance of 67.60 feet; run thence 42 degrees 09 minutes 46 seconds East a distance of 46.65 feet; thence run 20 feet to an iron pin set outside the branch; run thence 48 degrees 12 minutes 14 seconds West a distance of 992.73 feet to the True Point of Beginning.
More commonly known as 422 Brown Bridge Road, Commerce, GA 30530.
which has the property address of 422 Brown Bridge Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Lorenzo T. Carruth and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Trust 2006-4 Attorney in Fact for Lorenzo T. Carruth
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-05755 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AP7,14,21,28B/1325-80)
[Full Story »]
Banks County Public Records 03-31-10
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 and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)
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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 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 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)
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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. As nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs Militia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, 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 Timothy Eerenberg
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Billy Nix and Katie M. Nix and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)
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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 JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, 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 April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, 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 Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, 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. 09-7573
(MA10,17,25,31B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
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]
(MA10,17,24,31B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)
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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 KEVIN LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 13, 2007, recorded in Deed Book 303, Page 820, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 347, Page 291, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-THREE THOUSAND AND 0/100 DOLLARS ($93,000.00), 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 April, 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 Kevin Lee or a tenant or tenants and said property is more commonly known as 721 Duncan Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Kevin Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 4/6/10
Our file no. 53206609-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia designated as Lot 46B, containing 3.265 acres, more or less, as shown by plat and survey for Mark Montgomery, prepared by Slate & Assoc., Inc., certified by G. Brian Slate, GRLS No. 2529, dated February 7, 1996 as recorded in Plat Book 20, Page 131, Banks County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
MR/jas 4/6/10 Our file no. 53206609 - FT2
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JACKIE LEE BEATY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 2, 2008, recorded in Deed Book 324, Page 508, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED TWENTY-SEVEN AND 0/100 DOLLARS ($55,627.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 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 Jackie Lee Beaty or a tenant or tenants and said property is more commonly known as 223 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Jackie Lee Beaty
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 53410-FT11
EXHIBIT “A”
All that tract or parcel of land, together with improvements thereon, lying and being in GMD 912, Banks County, Georgia being Lot 10, New Image Subdivision according to Plat recorded in Plat Book 22, Page 48, Banks County, Georgia Deed Records. Said plat and the description contained therein is incorporated herein for a more full and complete description. Also conveyed herewith is a 1998 Horton Echo manufactured Home, Serial Number H139953GL&R, which is permanently attached to and made a part of the real property. Subject to all covenants, conditions, restrictions, easements, reservations, and rights of way of record. MR/lw9 4/6/10 Our file no. 53410 - FT11
(MA10,17,24,31B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BILLY J. SIMMONS and CARLY M. O’DONNELL, JTWROS to SUNTRUST MORTGAGE, INC., dated March 17, 2008, recorded in Deed Book 322, Page 625, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-NINE THOUSAND AND 0/100 DOLLARS ($99,000.00), 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 April, 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 Billy J. Simmons and Carly M. O’Donnell, JTWROS or a tenant or tenants and said property is more commonly known as 279 Barefoot Circle, 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 Billy J. Simmons and Carly M. O’Donnell, JTWROS
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/rwm 4/6/10
Our file no. 5669610-FT2
EXHIBIT “A”
All that tract or parcel of land situate, together with improvements thereon, lying and being in the 912 District, G.M.D., Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey entitled “Survey for Skywalkers, Inc.,” recorded in Plat Book 28, Page 179 of the Banks County, Georgia Play Records, and which said plat and the recording thereof are incorporated by reference for a more complete and detailed description, being improved property known as 279 Barefoot Circle according to the present system of numbering properties in Banks County, Georgia. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said premises. MR/rwm 4/6/10 Our file no. 5669610 - FT2
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by LYNN AKA LYNN R. SHIRLEY SHIRLEY and PAUL AKA PAUL R. SHIRLEY 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 April, 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 AKA Lynn R. Shirley Shirley and Paul AKA Paul R. Shirley 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 AKA Lynn R. Shirley Shirley and Paul AKA Paul R. Shirley Shirley
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ap9 4/6/10
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/ap9 4/6/10 Our file no. 5564410 - FT14
(MA10,17,24,31B/12062-70T1P)
[Full Story »]
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 and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)
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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)
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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 a Security Deed from ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 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 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)
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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. As nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs Militia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, 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 Timothy Eerenberg
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Billy Nix and Katie M. Nix and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)
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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 JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, 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 April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, 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 Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, 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. 09-7573
(MA10,17,25,31B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
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]
(MA10,17,24,31B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)
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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 KEVIN LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 13, 2007, recorded in Deed Book 303, Page 820, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 347, Page 291, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-THREE THOUSAND AND 0/100 DOLLARS ($93,000.00), 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 April, 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 Kevin Lee or a tenant or tenants and said property is more commonly known as 721 Duncan Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Kevin Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 4/6/10
Our file no. 53206609-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia designated as Lot 46B, containing 3.265 acres, more or less, as shown by plat and survey for Mark Montgomery, prepared by Slate & Assoc., Inc., certified by G. Brian Slate, GRLS No. 2529, dated February 7, 1996 as recorded in Plat Book 20, Page 131, Banks County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
MR/jas 4/6/10 Our file no. 53206609 - FT2
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JACKIE LEE BEATY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 2, 2008, recorded in Deed Book 324, Page 508, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED TWENTY-SEVEN AND 0/100 DOLLARS ($55,627.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 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 Jackie Lee Beaty or a tenant or tenants and said property is more commonly known as 223 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Jackie Lee Beaty
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 53410-FT11
EXHIBIT “A”
All that tract or parcel of land, together with improvements thereon, lying and being in GMD 912, Banks County, Georgia being Lot 10, New Image Subdivision according to Plat recorded in Plat Book 22, Page 48, Banks County, Georgia Deed Records. Said plat and the description contained therein is incorporated herein for a more full and complete description. Also conveyed herewith is a 1998 Horton Echo manufactured Home, Serial Number H139953GL&R, which is permanently attached to and made a part of the real property. Subject to all covenants, conditions, restrictions, easements, reservations, and rights of way of record. MR/lw9 4/6/10 Our file no. 53410 - FT11
(MA10,17,24,31B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by BILLY J. SIMMONS and CARLY M. O’DONNELL, JTWROS to SUNTRUST MORTGAGE, INC., dated March 17, 2008, recorded in Deed Book 322, Page 625, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-NINE THOUSAND AND 0/100 DOLLARS ($99,000.00), 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 April, 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 Billy J. Simmons and Carly M. O’Donnell, JTWROS or a tenant or tenants and said property is more commonly known as 279 Barefoot Circle, 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 Billy J. Simmons and Carly M. O’Donnell, JTWROS
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/rwm 4/6/10
Our file no. 5669610-FT2
EXHIBIT “A”
All that tract or parcel of land situate, together with improvements thereon, lying and being in the 912 District, G.M.D., Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey entitled “Survey for Skywalkers, Inc.,” recorded in Plat Book 28, Page 179 of the Banks County, Georgia Play Records, and which said plat and the recording thereof are incorporated by reference for a more complete and detailed description, being improved property known as 279 Barefoot Circle according to the present system of numbering properties in Banks County, Georgia. This conveyance is made subject to all zoning ordinances, easements and restrictions of record affecting said premises. MR/rwm 4/6/10 Our file no. 5669610 - FT2
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by LYNN AKA LYNN R. SHIRLEY SHIRLEY and PAUL AKA PAUL R. SHIRLEY 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 April, 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 AKA Lynn R. Shirley Shirley and Paul AKA Paul R. Shirley 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 AKA Lynn R. Shirley Shirley and Paul AKA Paul R. Shirley Shirley
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ap9 4/6/10
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/ap9 4/6/10 Our file no. 5564410 - FT14
(MA10,17,24,31B/12062-70T1P)
[Full Story »]
Banks County Public Records 03-24-10
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 and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)
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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)
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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 a Security Deed from ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 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 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)
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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. As nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs Militia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, 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 Timothy Eerenberg
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Billy Nix and Katie M. Nix and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)
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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 JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, 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 April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, 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 Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, 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. 09-7573
(MA10,17,25,31B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
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]
(MA10,17,24,31B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)
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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 KEVIN LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 13, 2007, recorded in Deed Book 303, Page 820, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 347, Page 291, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-THREE THOUSAND AND 0/100 DOLLARS ($93,000.00), 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 April, 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 Kevin Lee or a tenant or tenants and said property is more commonly known as 721 Duncan Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Kevin Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 4/6/10
Our file no. 53206609-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia designated as Lot 46B, containing 3.265 acres, more or less, as shown by plat and survey for Mark Montgomery, prepared by Slate & Assoc., Inc., certified by G. Brian Slate, GRLS No. 2529, dated February 7, 1996 as recorded in Plat Book 20, Page 131, Banks County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
MR/jas 4/6/10 Our file no. 53206609 - FT2
(MA10,17,24,31B/12062-60T1P) [Full Story »]
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 and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)
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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)
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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 a Security Deed from ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 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 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)
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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. As nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs Militia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, 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 Timothy Eerenberg
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Billy Nix and Katie M. Nix and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)
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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 JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, 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 April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, 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 Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, 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. 09-7573
(MA10,17,25,31B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
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]
(MA10,17,24,31B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)
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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 KEVIN LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 13, 2007, recorded in Deed Book 303, Page 820, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 347, Page 291, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-THREE THOUSAND AND 0/100 DOLLARS ($93,000.00), 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 April, 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 Kevin Lee or a tenant or tenants and said property is more commonly known as 721 Duncan Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Kevin Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 4/6/10
Our file no. 53206609-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia designated as Lot 46B, containing 3.265 acres, more or less, as shown by plat and survey for Mark Montgomery, prepared by Slate & Assoc., Inc., certified by G. Brian Slate, GRLS No. 2529, dated February 7, 1996 as recorded in Plat Book 20, Page 131, Banks County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
MR/jas 4/6/10 Our file no. 53206609 - FT2
(MA10,17,24,31B/12062-60T1P) [Full Story »]
Banks County Public Records 03-17-10
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 and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)
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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)
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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 a Security Deed from ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 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 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)
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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TERRY J. HAGWOOD and MARIE F. HAGWOOD to SECRETARY OF VETERANS AFFAIRS, dated July 26, 2001, recorded in Deed Book 176, Page 53, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust company FKA Bankers Trust Company of California, National Association by assignment recorded in Deed Book 192, Page 18, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND AND 0/100 DOLLARS ($84,000.00), 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 April, 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 Terry J. Hagwood and Marie F. Hagwood or a tenant or tenants and said property is more commonly known as 129 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.
Deutsche Bank National Trust company FKA Bankers Trust Company of California, National Association as Attorney in Fact for Terry J. Hagwood and Marie F. Hagwood
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 51594905-FT11
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 No. 17 of Ridgeway Hills, Section I, encompassing 1.00 acre, more or less, as shown on a plat of survey entitled “Survey for David C. Farman & Marissa L. Farman”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Surveyor No. 2629, dated August 4, 1997, and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 22, Page 54, which said plat and the record thereof are by reference incorporated herein for a more complete and detailed description. MR/lw9 4/6/10 Our file no. 51594905 - FT11
(MA10,17,24,31B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. As nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs Militia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, 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 Timothy Eerenberg
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Billy Nix and Katie M. Nix and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)
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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 JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, 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 April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, 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 Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, 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. 09-7573
(MA10,17,25,31B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
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]
(MA10,17,24,31B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)
[Full Story »]
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 and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)
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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)
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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 a Security Deed from ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 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 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)
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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TERRY J. HAGWOOD and MARIE F. HAGWOOD to SECRETARY OF VETERANS AFFAIRS, dated July 26, 2001, recorded in Deed Book 176, Page 53, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust company FKA Bankers Trust Company of California, National Association by assignment recorded in Deed Book 192, Page 18, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND AND 0/100 DOLLARS ($84,000.00), 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 April, 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 Terry J. Hagwood and Marie F. Hagwood or a tenant or tenants and said property is more commonly known as 129 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.
Deutsche Bank National Trust company FKA Bankers Trust Company of California, National Association as Attorney in Fact for Terry J. Hagwood and Marie F. Hagwood
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 51594905-FT11
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 No. 17 of Ridgeway Hills, Section I, encompassing 1.00 acre, more or less, as shown on a plat of survey entitled “Survey for David C. Farman & Marissa L. Farman”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Surveyor No. 2629, dated August 4, 1997, and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 22, Page 54, which said plat and the record thereof are by reference incorporated herein for a more complete and detailed description. MR/lw9 4/6/10 Our file no. 51594905 - FT11
(MA10,17,24,31B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. As nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs Militia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, 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 Timothy Eerenberg
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Billy Nix and Katie M. Nix and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)
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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 JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, 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 April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, 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 Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, 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. 09-7573
(MA10,17,25,31B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
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]
(MA10,17,24,31B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)
[Full Story »]
Banks County Public Records 03-10-10
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 and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)
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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)
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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 a Security Deed from ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 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 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)
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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TERRY J. HAGWOOD and MARIE F. HAGWOOD to SECRETARY OF VETERANS AFFAIRS, dated July 26, 2001, recorded in Deed Book 176, Page 53, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust company FKA Bankers Trust Company of California, National Association by assignment recorded in Deed Book 192, Page 18, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND AND 0/100 DOLLARS ($84,000.00), 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 April, 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 Terry J. Hagwood and Marie F. Hagwood or a tenant or tenants and said property is more commonly known as 129 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.
Deutsche Bank National Trust company FKA Bankers Trust Company of California, National Association as Attorney in Fact for Terry J. Hagwood and Marie F. Hagwood
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 51594905-FT11
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 No. 17 of Ridgeway Hills, Section I, encompassing 1.00 acre, more or less, as shown on a plat of survey entitled “Survey for David C. Farman & Marissa L. Farman”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Surveyor No. 2629, dated August 4, 1997, and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 22, Page 54, which said plat and the record thereof are by reference incorporated herein for a more complete and detailed description. MR/lw9 4/6/10 Our file no. 51594905 - FT11
(MA10,17,24,31B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. As nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs Militia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, 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 Timothy Eerenberg
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Billy Nix and Katie M. Nix and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)
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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 JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, 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 April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, 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 Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, 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. 09-7573
(MA10,17,25,31B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
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]
(MA10,17,24,31B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)
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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 KEVIN LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 13, 2007, recorded in Deed Book 303, Page 820, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 347, Page 291, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-THREE THOUSAND AND 0/100 DOLLARS ($93,000.00), 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 April, 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 Kevin Lee or a tenant or tenants and said property is more commonly known as 721 Duncan Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Kevin Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 4/6/10
Our file no. 53206609-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia designated as Lot 46B, containing 3.265 acres, more or less, as shown by plat and survey for Mark Montgomery, prepared by Slate & Assoc., Inc., certified by G. Brian Slate, GRLS No. 2529, dated February 7, 1996 as recorded in Plat Book 20, Page 131, Banks County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
MR/jas 4/6/10 Our file no. 53206609 - FT2
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JACKIE LEE BEATY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 2, 2008, recorded in Deed Book 324, Page 508, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED TWENTY-SEVEN AND 0/100 DOLLARS ($55,627.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 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 Jackie Lee Beaty or a tenant or tenants and said property is more commonly known as 223 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Jackie Lee Beaty
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 53410-FT11
EXHIBIT “A”
All that tract or parcel of land, together with improvements thereon, lying and being in GMD 912, Banks County, Georgia being Lot 10, New Image Subdivision according to Plat recorded in Plat Book 22, Page 48, Banks County, Georgia Deed Records. Said plat and the description contained therein is incorporated herein for a more full and complete description. Also conveyed herewith is a 1998 Horton Echo manufactured Home, Serial Number H139953GL&R, which is permanently attached to and made a part of the real property. Subject to all covenants, conditions, restrictions, easements, reservations, and rights of way of record. MR/lw9 4/6/10 Our file no. 53410 - FT11
(MA10,17,24,31B/12062-70T1P) [Full Story »]
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 and Security Agreement from BOLEMAN PROPERTIES, LLC (“Grantor”) to HABERSHAM BANK (“Grantee”), dated May 5, 2005, filed and recorded May 18, 2005, in Deed Book 258, Page 711, Banks County, Georgia Records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “First Deed), and that certain Deed to Secure Debt and Security Agreement dated August 10, 2005, filed and recorded August 12, 2005, in Deed Book 263, Page 802, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records (as modified, the “Second Deed”), and that certain Deed to Secure Debt and Security Agreement dated March 16, 2007, filed and recorded March 27, 2007, in Deed Book 302, Page 376, aforesaid records, as modified by that certain Modification Agreement dated December 20, 2007, filed and recorded December 27, 2007, in Deed Book 318, Page 224, aforesaid records, as further modified by that certain Modification Agreement dated April 25, 2008, filed and recorded May 1, 2008, in Deed Book 325, Page 223, aforesaid records, as further modified by that certain Modification Agreement dated March 30, 3009, filed and recorded April 7, 2009, in Deed Book 338, Page 483, aforesaid records, as further modified by that Forbearance and Modification Agreement dated March 30, 2009 (as modified, the “Third Deed”) (the First Deed, Second Deed, and Third Deed hereinafter collectively referred to as the “Security Deeds”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated April 25, 2008, from Grantor payable to Grantee in the original principal amount of Three Million Six Hundred Seventy Eight Thousand Three Hundred Sixty Eight and No/100 Dollars ($3,678,368.00), with interest thereon as set forth therein (as modified and renewed, the “Note”), there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
TRACT 1
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, being known as the home place of the late I.K. Carter, known in the plat of said town of Belton (now known as Lula), as Block No. 31, and fronting West on Hampton Street 200 feet and running back Eastward 200 feet in uniform width and known as Dwelling House Lot.
TRACT 2
All that tract or parcel of land lying and being in G.M.D. 912, Banks County, City of Lula, Georgia, containing 25.634 acres, more or less, as depicted in a certain plat of survey for Vasco and Tracy Barrett by Roy A. Terrell, Registered Land Surveyor, sated February 6, 1974, recorded in Plat Book 7, Page 196, Banks County Deed Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, Banks County, Georgia, and being shown on a plat for Bobbie Barrett Moore and Michael Barrett prepared by Jimmy D. Bullock, Georgia Registered Land Surveyor No. 1765, said plat being dated October 15, 2002, and being recorded in Plat Book 27, Page 39, Banks County, Georgia Records, which plat is incorporated herein by reference.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the City of Lula, G.M.D. 912, Banks County, Georgia, being 0.538 acres, more or less, as depicted in a plat of survey for William S. and Raven Fitzpatrick, dated May 4, 2005, by GeoImage, LLC, Douglas R. Sherrill RLS No. 2995, which plat is incorporated herein by reference, and being more particularly described as follows:
Begin at a point located on the Easterly right of way of Railroad Avenue at its intersection with the Northerly right of way of Sixth Street (30 foot right of way), and from said point South 68 Degrees 36 Minutes 06 Seconds East a distance of 30.02 feet to a point located on the Northerly right of way of Sixth Street; thence North 21 Degrees 10 Minutes 26 Seconds East a distance of 11.35 feet to a point; thence South 68 Degrees 49 Minutes 34 Seconds East a distance of 27.36 feet to a point; thence on a curve to the right having a Chord bearing of South 45 Degrees 50 Minutes 44 Seconds East, Radius 105.00 feet, Arc 84.23 feet, Chord 81.99 feet; thence South 22 Degrees 51 Minutes 55 Seconds East a distance of 107.11 feet to a point; thence South 21 Degrees 00 Minutes 00 Seconds West a distance of 32.97 feet to a 2” open top pipe found; thence North 70 Degrees 15 Minutes 57 Seconds West a distance of 207.06 feet to a point located on the Easterly right of way of Railroad Avenue; thence North 21 degrees 00 Minutes 00 Seconds East a distance of 135.94 feet to the point of beginning.
TOGETHER WITH:
TRACT 3
All that tract or parcel of land lying and being in G.M.D. 912, City of Lula, Banks County, Georgia, being 36.20 acres, more or less, as per plat of survey for Mrs. Margarette Chambers, dated August 11, 2002, and recorded in Plat Book D, Page 113, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 1-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
LESS AND EXCEPT:
All that tract or parcel of land lying and being situate in GMD 912, City of Lula, Banks County, Georgia, being identified as “City Well Tract” in that certain final subdivision plat for Waterford Glen Subdivision, recorded in Plat Book 39, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein by reference for a more particular description of the property herein conveyed. Also included in this conveyance is that certain 20-foot easement from Waterford Court to said tract as depicted in said plat of survey.
TOGETHER WITH:
All that tract or parcel of land lying and being in GMD 912 of Banks County, Georgia, being Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
The indebtedness secured by said Security Deeds has been and is hereby declared due and payable because of, among other possible events of default, failure to comply with the provisions of the Security Deeds. The debt remaining outstanding, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deeds and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deeds, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
To the best of the undersigned’s knowledge and belief, the property consists of Lots 3-4, 6, 8, 10, 12, 14-27, 29-47, 49-89, 94-116, and 118-120 and common areas, Waterford Glen Subdivision, Banks County, Georgia, and the party in possession of the property is Boleman Properties, LLC, or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Boleman Properties, LLC
Thompson, O’Brien, Kemp & Nasuti, P.C.
40 Technology Parkway South, Suite 300
Norcross, Georgia 30092
(770) 925-0111
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31P4)
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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 FLETCHER TODD SMITH to UNITED COMMUNITY BANK, dated June 29, 2007, recorded July 16, 2007, in Deed Book 309, Page 167, Banks County, Georgia Records, as last modified by Modification of Security Deed dated February 28, 2008, recorded in Deed Book 322, Page 77, Banks County, Georgia Records, said Security Deed being given to secure a Note from FLETCHER TODD SMITH dated March 27, 2009, in the original principal amount of TWO HUNDRED EIGHTY FIVE THOUSAND TWO HUNDRED FIFTY AND 00/100 ($285,250.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land, together with improvements thereon situate, lying and being in GMD 265, Banks County, Georgia, and being all of Tract I, comprising 85.02 acres according to a plat prepared for Ronnie Parson by G. Brian Slate, Registered Surveyor, dated June 19, 1997, recorded in Plat Book B, Page 66, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject:
LESS AND EXCEPT the following two parcels of land: 1) all that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 4.82 acres and being all of Tract 3-C according to a plat of survey recorded in Plat Book 10, Page 10, Banks County, Georgia Deed Records, and 2) All that tract or parcel of land lying and being in GMD 265, Banks County, Georgia, consisting of 0.97 acres and being more particularly described as follows: Begin at a point located at the Northeast corner of the above described 4.82 acres; thence South 77 minutes 33 seconds East 497.7 feet to an iron pin; thence South 84 minutes 04 seconds West 530.2 feet to an iron pin; thence North 16 minutes 57 seconds West 169.90 feet to the point of beginning.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 FLETCHER TODD SMITH or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for FLETCHER TODD SMITH
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01946
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from KIMBERLY EVANS and DANNY R. EVANS, JR. to UNITED COMMUNITY BANK, dated July 6, 2004, recorded July 7, 2004, in Deed Book 240, Page 516, Banks County, Georgia records, as last modified by Modification of Security Deed dated March 24, 2009, recorded in Deed Book 338, Page 290, Banks County, Georgia Records, said Security Deed being given to secure a Note from KIMBERLY EVANS and DANNY R. EVANS, JR. March 24, 2009 in the original principal amount of SIXTY THOUSAND NINE HUNDRED FOURTEEN AND 33/100 ($60,914.33) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 208th and 465th District, G.M., Banks County, Georgia, and being that 3.00 acres, more or less, designated as Lot 15 on a plat of survey prepared for James Short Subdivision by Allen L. Venable, Jr., Registered Surveyor, dated August 7, 1987 and recorded at Plat Book 13, Page 30, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is subject to existing easements and rights of way for public roads and utilities now in use.
Included herewith is a 1999 Horton Dynasty Mobile Home VIN No. H800731GLR.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 KIMBERLY EVANS and DANNY R. EVANS, JR. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for KIMBERLY EVANS and DANNY R. EVANS, JR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01891
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-60T1P)
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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 a Security Deed from ROBIN HAYNES to UNITED COMMUNITY BANK, dated April 2, 2004, recorded April 7, 2004, in Deed Book 234, Page 246, Banks County, Georgia Records, as modified by Modification of Security Deed dated September 10, 2009, recorded in Deed Book 345, Page 356, Banks County, Georgia records, said Security Deed being given to secure a Note from ROBIN HAYNES dated September 10, 2009 in the original principal amount of THREE HUNDRED FORTY THREE THOUSAND THIRTY FIVE AND 00/100 ($343,0353.00) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being in the 448th G.M.D. of Banks County, Georgia, and being known and designated as Tract 4 of High Wycombe Subdivision, Phase One, containing 3.85 acres, more or less, as shown on plat of survey prepared for Lex Burt by Kenyon L. Miller, RLS, dated November 22, 1999, recorded in Plat book 24, Page 149, Banks County, Georgia records, said plat being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is ROBIN HAYNES or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for ROBIN HAYNES
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01936
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MA10,17,24,31B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of 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 SHANE SORROW to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia) dated July 19, 2006 and recorded on July 19, 2006, in Deed Book 285, Pages 624-626, Banks County, Georgia records. This Security Deed secures a Note dated October 9, 2008 in the original principal amount of $38,250.00, 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 April, 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 208 G.M.D., Banks County, Georgia, designated as Tract 1 containing 1.000 acre, more or less, as shown on plat and survey of Venable & Associates, Inc., Surveyors, dated March 22, 2006, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 30, at Page 78. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to all existing easements and rights-of-way for public roads and utilities now in use.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorney’s fees having been given.)
Said property will be sold as the property of Shane Sorrow 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 Shane Sorrow.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Shane Sorrow
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
(MA10,17,24,31P4)
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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 BRUCE E. LEE and PATRICIA LEE to WELLS FARGO HOME MORTGAGE, dated April 23, 2004, recorded in Deed Book 236, Page 16, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND FOUR HUNDRED FORTY-EIGHT AND 0/100 DOLLARS ($84,448.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 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 Bruce E. Lee and Patricia Lee or a tenant or tenants and said property is more commonly known as 1237 Fort Lamar Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Midfirst Bank as Attorney in Fact for Bruce E. Lee and Patricia Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 4/6/10
Our file no. 5739410-FT5
EXHIBIT “A”
All that tract or parcel of land lying and being on the western right-of-way of County Road No. 67 in the 207th G.M. District of Banks County, Georgia, containing 5.07 acres according to a plat of survey prepared for “Agnes M. McDuffie & Sandra L. Tauares” by Clelland A. Tyson, Georgia Registered Land Surveyor, dated June 19, 1990, and recorded at Plat Book 15, Page 158, Banks County, Georgia records. Reference is made to said plat of survey for a more complete description of the property. MR/klm 4/6/10 Our file no. 5739410 - FT5
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TERRY J. HAGWOOD and MARIE F. HAGWOOD to SECRETARY OF VETERANS AFFAIRS, dated July 26, 2001, recorded in Deed Book 176, Page 53, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust company FKA Bankers Trust Company of California, National Association by assignment recorded in Deed Book 192, Page 18, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-FOUR THOUSAND AND 0/100 DOLLARS ($84,000.00), 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 April, 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 Terry J. Hagwood and Marie F. Hagwood or a tenant or tenants and said property is more commonly known as 129 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.
Deutsche Bank National Trust company FKA Bankers Trust Company of California, National Association as Attorney in Fact for Terry J. Hagwood and Marie F. Hagwood
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 51594905-FT11
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 No. 17 of Ridgeway Hills, Section I, encompassing 1.00 acre, more or less, as shown on a plat of survey entitled “Survey for David C. Farman & Marissa L. Farman”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Surveyor No. 2629, dated August 4, 1997, and being of record in the Office of the Clerk of the Superior Court for Banks County, Georgia in Plat Book 22, Page 54, which said plat and the record thereof are by reference incorporated herein for a more complete and detailed description. MR/lw9 4/6/10 Our file no. 51594905 - FT11
(MA10,17,24,31B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by TIMOTHY EERENBERG to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. As nominee for SUNTRUST MORTGAGE, INC., dated April 6, 2005, recorded in Deed Book 256, Page 609, 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 NINE HUNDRED EIGHT AND 0/100 DOLLARS ($126,908.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in April, 2010, the following described property:
All that tract or parcel of land lying and being Tract I in the Township of Lula (formerly Belton), Poplar Springs Militia District, Banks County, Georgia, and comprising 0.58 acres as shown on a plat of survey for Brenda Stephens by Patton-Patton, Inc., Registered Land Surveyors, dated August 12, 1998, recorded on Plat Slide 23, Page 79, Banks County, Georgia Plat records. Reference to said plat and the record 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 Timothy Eerenberg or a tenant or tenants and said property is more commonly known as 270 Railroad Avenue, 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 Timothy Eerenberg
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/cs3 4/6/10
Our file no. 1895009-FT3
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BILLY NIX and KATIE M. NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999, in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records, as last transferred to Beneficial Mortgage Co. of Georgia by assignment, the undersigned, Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in April, 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 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, containing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the property herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a distance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence running North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a distance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, containing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 2125 Westbrook Road, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Billy Nix and Katie M. Nix and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M. Nix
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-02993 /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.
(MA10,17,24,31B/1325-120)
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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 JOHNNY D. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $135,200.00 dated 12/17/2004, and recorded in Deed Book 250, Page 155, 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 April, 2010, by CitiMortgage, Inc., as Attorney-in-Fact for Johnny D. Smith the following described property:
All that tract or parcel of land together with improvements thereon lying and being in 265th and 912th GMD, Banks County, Georgia, being known as Lot 2 of Jackson Farms Subdivision, containing 5.00 acres, more or less, as shown on a plat of survey prepared for William C. Jackson and Carole G. Jackson by Barry D. Lord, RLS, dated December 29, 2000, recorded in Plat Book CC, page 123 of the Banks County, Georgia Deeds Records, said plat and the recorded thereof is incorporated herein and made a part hereof for a more and complete description.
Property known as: 2167 Yonah Homer Road, 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 Johnny D. Smith.
CitiMortgage, Inc., as Attorney-in-fact for Johnny D. Smith.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, 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. 09-7573
(MA10,17,25,31B/224-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by a Security Deed executed by THOMAS KEITH MAINES to REGIONS BANK DBA REGIONS MORTGAGE, dated November 30, 2006, and recorded in Deed Book 294, Page 124, Banks County Records, securing a Note in the original principal amount of $129,100.00, 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, April 6, 2010, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that lot, tract or parcel of land, together with improvements thereon, lying and being in the Golden Hill District (GMD 448) of Banks County, Georgia, containing 2.07 acres and being all of Lot 4, as more particularly shown on a plat of survey prepared for David Hunt by David L. Ringo, Sr., Georgia Registered Land Surveyor No. 2250. Ringo & Sadler, dated April 23, 2002, revised May 20, 2003, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 27, Page 154, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is known as 374 Shubert Lane, Lula, GA 30554, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Thomas Keith Maines, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Thomas Keith Maines, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Regions Bank DBA Regions Mortgage as Attorney-in-Fact for Thomas Keith Maines
File no. 09-019974
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]
(MA10,17,24,31B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
Under and by virtue of the Power of Sale contained in the Revolving Credit Security Deed from DAVID PATTON and STEFANIE PATTON to MUTUAL SAVINGS CREDIT UNION, dated August 4, 2005, and recorded in Deed Book 264, Pages 256-260, in the offices of the Clerk of the Superior Court of Banks County, Georgia (the “Security Deed”), and pursuant to that certain Consent Order entered December 1, 2009 in Chapter 7 Case No. 09-24087-reb, United States Bankruptcy Court, Northern District of Georgia, Gainesville Division, the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Banks County, Georgia, during the legal hours of sale, on the first Tuesday in April, 2010, the following described real property, to wit:
All that tract or parcel of land lying and being in the 465 G.M.D., Banks County, Georgia, designated as Lot 65B of Oak Ridge Subdivision, as shown on plat of survey of Farley-Collins Associates, dated July 10, 1997, recorded in the Office of the Clerk of the Superior Court of Banks County, Georgia, in Plat Book 22, Page 62. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by the Security Deed is evidenced by an Open End Home Equity Credit Agreement and Truth in Lending Disclosure from David Patton and Stefanie Patton to Mutual Savings Credit Union, as modified by Home Equity Advance Voucher dated March 31, 2008 from David Patton and Stefanie Patton to Mutual Savings Credit Union in the original principal amount of $35,000.00 (as modified, the “Note”), plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of David Patton and Stefanie Patton, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: Security Deed dated August 4, 2005, recorded in Deed Book 264, page 243, Banks County, Georgia records, as last assigned to The Bank of New York Mellon; all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned’s knowledge and belief, the real property is presently owned by David Patton and Stefanie Patton.
To the best of the undersigned’s knowledge and belief, the party in possession of the real property is David Patton and Stefanie Patton, and tenants holding under them.
Mutual Savings Credit Union, as Attorney-in-Fact for David Patton and Stefanie Patton.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
(MA10,17,24,31P4)
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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 KEVIN LEE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 13, 2007, recorded in Deed Book 303, Page 820, Banks County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 347, Page 291, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-THREE THOUSAND AND 0/100 DOLLARS ($93,000.00), 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 April, 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 Kevin Lee or a tenant or tenants and said property is more commonly known as 721 Duncan Road, Commerce, Georgia 30530. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Kevin Lee
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jas 4/6/10
Our file no. 53206609-FT2
EXHIBIT “A”
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia designated as Lot 46B, containing 3.265 acres, more or less, as shown by plat and survey for Mark Montgomery, prepared by Slate & Assoc., Inc., certified by G. Brian Slate, GRLS No. 2529, dated February 7, 1996 as recorded in Plat Book 20, Page 131, Banks County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
MR/jas 4/6/10 Our file no. 53206609 - FT2
(MA10,17,24,31B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JACKIE LEE BEATY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 2, 2008, recorded in Deed Book 324, Page 508, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED TWENTY-SEVEN AND 0/100 DOLLARS ($55,627.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in April, 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 Jackie Lee Beaty or a tenant or tenants and said property is more commonly known as 223 New Image Drive, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Jackie Lee Beaty
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/lw9 4/6/10
Our file no. 53410-FT11
EXHIBIT “A”
All that tract or parcel of land, together with improvements thereon, lying and being in GMD 912, Banks County, Georgia being Lot 10, New Image Subdivision according to Plat recorded in Plat Book 22, Page 48, Banks County, Georgia Deed Records. Said plat and the description contained therein is incorporated herein for a more full and complete description. Also conveyed herewith is a 1998 Horton Echo manufactured Home, Serial Number H139953GL&R, which is permanently attached to and made a part of the real property. Subject to all covenants, conditions, restrictions, easements, reservations, and rights of way of record. MR/lw9 4/6/10 Our file no. 53410 - FT11
(MA10,17,24,31B/12062-70T1P) [Full Story »]
Banks County Public Records 03-03-10
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Simmons
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RUBY SIMMONS, 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 1st day of February, 2010.
Martha A. Turner
Executor/Administrator
149 Simmemon Rd.
Alto, GA 30510
(FE10,17,24MA3P4)
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Irvin Estate
Probate Court
of Banks County
Notice
(For Discharge from Office and all Liability)
Re: Petition of BILLIE A. HERRIN & JO BETH LAWSON for Discharge as Executrixes of the Estate of JOHN FRANKLIN IRVIN, 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
(MA3B/071-20)
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Name Change
Notice of Name Change
Civil Action File No. 10CV-103B
PLEASE TAKE NOTICE that on the 24th day of February, 2010, Evelyn R. Crane filed a Petition in the Superior Court of Banks County, Georgia, seeking a name change from EVELYN R. CRANE to EVELYN R. SIMS. Any interested or affected party has the right to appear and file objection. At the expiration of thirty (30) days from the filing of the Petition, upon proof of publication, and if no objection is filed, the Court shall proceed to hear and determine all matters raised by said Petition.
By: Tim Harper
Clerk of Superior Court
Banks County, Georgia
489 Gene Crane Rd.
Maysville, Georgia 30558
(706) 652-2891
(MA3,10,17,24P4)
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Martin Estates
Georgia, Banks County
Probate Court
Notice
To: LESLIE KAYE MORRIS has petitioned for Administrator to be appointed Administrator of the estate of BEVERLY LOIS MARTIN AND GUYTRELL HENRY MARTIN JR., deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 22, 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
(FE24,MA3,10,17P4)
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Estes Estate
Notice to
Debtors and Creditors
All creditors of the Estate of EUGENIA SMITH ESTES, 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 22nd day of February, 2010.
Egbert W. Estes
Executor/Administrator
125 Classic Overlook
Homer, GA 30547
(MA3,10,17,24P4)
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Mabry Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ELBERT C. MABRY, 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.
This 23 day of February, 2010.
Sarah Nell Mabry
Personal Representative
22 Homer Street
Maysville, Georgia 30558
(706) 652-2536
Attorney: Gary N. Freeman
P.O. Box 10
Maysville, GA 30558
706-652-2928
(MA3,10,17,24P4)
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Dissolve
a Corporation
Notice of Intent to
Voluntarily Dissolve
a Corporation
Notice is given that a notice of intent to dissolve MITCH WHITFIELD CO., INC., a Georgia Professional Corporation, with its registered office at 1355 Scales Creek Road, Homer, GA 30547, will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. This notice is given in accordance with O.C.G.A. 14-2-1403.1.
(MA3,10P2)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate PAWSITIVE STRIDES, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Non-Profit Corporation Code.
The initial registered office of the corporation is located at 2250 Highway 98, Maysville, GA 30558 in Banks County and its initial registered agent at such address is Susan K. Dye.
(MA3,10P2)
Simmons
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RUBY SIMMONS, 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 1st day of February, 2010.
Martha A. Turner
Executor/Administrator
149 Simmemon Rd.
Alto, GA 30510
(FE10,17,24MA3P4)
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Irvin Estate
Probate Court
of Banks County
Notice
(For Discharge from Office and all Liability)
Re: Petition of BILLIE A. HERRIN & JO BETH LAWSON for Discharge as Executrixes of the Estate of JOHN FRANKLIN IRVIN, 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
(MA3B/071-20)
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Name Change
Notice of Name Change
Civil Action File No. 10CV-103B
PLEASE TAKE NOTICE that on the 24th day of February, 2010, Evelyn R. Crane filed a Petition in the Superior Court of Banks County, Georgia, seeking a name change from EVELYN R. CRANE to EVELYN R. SIMS. Any interested or affected party has the right to appear and file objection. At the expiration of thirty (30) days from the filing of the Petition, upon proof of publication, and if no objection is filed, the Court shall proceed to hear and determine all matters raised by said Petition.
By: Tim Harper
Clerk of Superior Court
Banks County, Georgia
489 Gene Crane Rd.
Maysville, Georgia 30558
(706) 652-2891
(MA3,10,17,24P4)
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Martin Estates
Georgia, Banks County
Probate Court
Notice
To: LESLIE KAYE MORRIS has petitioned for Administrator to be appointed Administrator of the estate of BEVERLY LOIS MARTIN AND GUYTRELL HENRY MARTIN JR., deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before March 22, 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
(FE24,MA3,10,17P4)
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Estes Estate
Notice to
Debtors and Creditors
All creditors of the Estate of EUGENIA SMITH ESTES, 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 22nd day of February, 2010.
Egbert W. Estes
Executor/Administrator
125 Classic Overlook
Homer, GA 30547
(MA3,10,17,24P4)
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Mabry Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ELBERT C. MABRY, 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.
This 23 day of February, 2010.
Sarah Nell Mabry
Personal Representative
22 Homer Street
Maysville, Georgia 30558
(706) 652-2536
Attorney: Gary N. Freeman
P.O. Box 10
Maysville, GA 30558
706-652-2928
(MA3,10,17,24P4)
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Dissolve
a Corporation
Notice of Intent to
Voluntarily Dissolve
a Corporation
Notice is given that a notice of intent to dissolve MITCH WHITFIELD CO., INC., a Georgia Professional Corporation, with its registered office at 1355 Scales Creek Road, Homer, GA 30547, will be delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. This notice is given in accordance with O.C.G.A. 14-2-1403.1.
(MA3,10P2)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate PAWSITIVE STRIDES, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Non-Profit Corporation Code.
The initial registered office of the corporation is located at 2250 Highway 98, Maysville, GA 30558 in Banks County and its initial registered agent at such address is Susan K. Dye.
(MA3,10P2)
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