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 BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST, dated March 4th, 1988, and recorded March 10th, 1988, in Deed Book 47, Page 735 Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Bobby Joe Caudell the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, and being more particularly described according to plat of Survey made by J.G. King, Registered Surveyor, under date of November, 1972, copy of said Plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 4, Page 252, as fo1lows: BEGINNING at an iron pin corner at the point of intersection of the Southeasterly Side of Baldwin Falls Road with the Southwesterly side of Chatham Street; thence South 43 degrees 31 minutes East 492.9 feet along the Southwesterly side of Chatham Street to an iron pin corner on the original line between Land Lot Nos. 185 and 204; thence South 59 degrees 23 minutes West 337.7 feet along said Land Lot Line to an iron pin corner; thence North 45 degrees 07 minutes West 4O8.53 feet to an iron pin corner on the Southeasterly side of Baldwin Falls Road; thence along said Road the following courses and distances North 49 degrees 49 minutes East 115.9 feet, North 51 degrees 19 minutes East 169.6 feet, and North 21 degrees 43 minutes East 60.8 feet to the point of beginning, containing 3.38 acres, more or 1ess.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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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 CLARENCE BRUCE LEWALLEN and LINDA LEWALLEN CAUDELL to COMMUNITY BANK AND TRUST, dated February 26th, 2007, and recorded March 14th, 2007, in Deed Book 301, Pages 586-587 Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Clarence Bruce Lewallen and Linda Lewallen Caudell the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, and more fully described as follows:
BEGINNING at an iron pin corner on the South side of Williams Street with lands of Albert Newsome, formerly owned by James Smith; thence along Williams Street South 45° East 614.5 feet to corner with lands of Eugene Stewart, formerly W. L. Shore; thence South 47° 6’ West 861 feet to corner with lands of Ed Chapman, formerly owned by Charlie House; thence North 17° 35’ West 126 feet; thence North 3° 59’ East 236 feet; thence North 35° 22’ West 146 feet; thence North 34° 43’ West 168 feet; thence North 33° 47’ East; thence North 46° 7’ East 152 feet; thence North 52° 48’ East 225.1 feet to corner on Williams Street, the POINT OF BEGINNING. The tract herein conveyed contains 9.62 acres, more or less, and is known and distinguished as being Tract No. 1 according to the survey and plat of J. G. King, dated February 10, 1948, reference to which is hereby made for all purposes, including the location of certain unopened alleys.
TRACT II: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, known and distinguished as Lots Nos. 11, 12, 13 and 14, and 35, 36, 37 and 38 of Block 37 of the Town of Baldwin according to survey and plat of John A. Reynolds, which is recorded in the Office of the Clerk of the Superior Court of Habersham County, Georgia, and more fully described as follows:
BEGINNING at a stake corner with Lot No. 10 of said block now owned by the Henry Payne Estate on the North side of Williams Street; thence along Williams Street South 45° 39’ East Two Hundred (200) feet to corner; thence North 44° 30’ East Three Hundred (300) feet to corner on Chatham Street; thence along Chatham Street North 45° West Two Hundred (200) feet to corner with lands of the Henry Payne Estate; thence South 44° 30’ West Three Hundred (300) feet to corner on Williams Street, the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in The Town of Baldwin, Georgia, and being a part of Block #33, containing 3.16 acres and being more fully described in a Warranty Deed dated May 1972, from Adger Lewallen to Habersham County Board of Education, said deed being of record among the deed records of Habersham County, Georgia, in Deed Book 124, Page 677.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Clarence Bruce Lewallen and Linda Lewallen Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Clarence Bruce Lewallen and Linda Lewallen Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt 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 October, 2009, 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.
(SE9,16,23,30P4)
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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 JANET L. SIMS and RUFUS T. SIMS to NEW CENTURY MORTGAGE CORPORATION dated February 18, 2005, in the amount of $93,200.00, and recorded in Deed Book 37-V, Page 714, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Lot 19, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, Jackson County, Georgia Records, which recorded plat is incorporated herein for a more complete description of said property.
which has the property address of 304 Meadow Lark Way, 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 Janet L. Sims and Rufus T. Sims 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 Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 Attorney in Fact for Janet L. Sims and Rufus T. Sims
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21168 /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.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER and HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER and HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/16022-60T1P)
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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 NENG YANG and TONG VANG to WASHINGTON MUTUAL BANK, FA dated January 14, 2008, in the amount of $226,000.00, and recorded in Deed Book 319, Page 594, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210 District G.M. Banks County, Georgia as shown as a 7.496 acres tract on the plat of Federal Home Loan Mortgage Corporation prepared by William E. Whidden G.R.L.S. No. 2632 dated 11/7/2005 being more particularly described as follows:
Beginning at the intersection of Scales Creek Road and Wright Street and running thence North 15 degrees 42 minutes 40 seconds West for a distance of 245.89 feet to a point, said point being the true Point of Beginning, thence North 63 degrees 54 minutes 48 seconds West for a distance of 457.41 feet to a point, thence South 81 degrees 17 minutes 44 seconds West for a distance of 889.16 feet to a point, thence North 27 degrees 21 minutes 33 seconds East for a distance of 496.10 feet to a point, thence 20 degrees 30 minutes 00 seconds East for a distance of 124.90 feet, thence North 89 degrees 35 minutes 00 seconds East for a distance of 556.61 feet to a point, thence South 21 degrees 02 minutes 04 seconds East along the Southwesterly Right of Way of Scales Creek Road for a distance of 108.79 feet to a point, thence continuing along said Right of Way following a curve having an arc distance of 320.55 feet said arc being subtended by a chord of 4598.87 feet and having a bearing of South 21 degrees 41 minutes 29 seconds East for a distance of 320.49 feet to a point, said point being the true Point of Beginning.
Being the same property conveyed to Neng Yang and Tong Vang by deed from Federal Home Loan Mortgage Corporation recorded 09/07/2006 in Deed Book 288 Page 445, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
which has the property address of 863 Scales Creek Rd, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neng Yang and Tong Vang and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Neng Yang and Tong Vang
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21323 /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.
(SE9,16,23,30B/1325-70)
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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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, Banks County, Georgia Records, as last transferred to Saxon Mortgage Services, Inc. by assignment, the undersigned, Saxon Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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.
Saxon Mortgage Services, Inc. Attorney in Fact for Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DOUGLAS TOPOR and DORA TOPOR to AMERICAN HOME MORTGAGE ACCEPTANCE, INC., dated August 5, 2005, in the amount of $124,800.00, and recorded in Deed Book 265, Page 139, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, designated as Lot 14, Block B, Phase 2 of Buckeye Trails Subdivision as shown by plat and survey entitled Preliminary Plan for Phase 2 of Buckeye Trails Subdivision, prepared by Cornerstone Land Surveyors, Certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, Banks County, Georgia Records: which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
which has the property address of 162 Buckeye Trails Dr, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Douglas Topor and Dora Topor and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 Attorney in Fact for Douglas Topor and Dora Topor
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21011 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from CHRISTINE G. SCHMID to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for NEW CENTURY MORTGAGE CORPORATION, dated October 25, 2006, recorded November 3, 2006, in Deed Book 292, Pages 194-214, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($103,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates, Series 2007-HE2, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Banks County, Georgia, being known and designated as Lot 12, Oak Grove Estates Subdivision, and being more particularly described according to a plat of survey recorded in Plat Book A, Page 32, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 205, Page 1, said records.
The above described property is subject to restrictive covenants recorded in Deed Book 75, Page 703, Banks County Records, and reserved mineral rights recorded in Deed Book 29, Page 30, said records.
Said property is commonly known as 134 Grove Drive, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Christine G. Schmid, Christine G. Schmid, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2
as Attorney in Fact for CHRISTINE G. SCHMID
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-
32136-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(SE9,16,23,30B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from GARNER FAMILY HOMES, INC. (“Grantor”) to HABERSHAM BANK (“Grantee”), dated June 28, 2007, filed and recorded July 6, 2007, in Deed Book 308, Page 644, Banks County, Georgia Records, as modified by that certain Modification Agreement dated August 27, 2008, filed and recorded September 4, 2008, in Deed Book 330, Page 512, aforesaid records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated August 27, 2008, from Grantor payable to Grantee in the original principal amount of ONE MILLION EIGHT HUNDRED FORTY THOUSAND SIX HUNDRED THIRTY TWO AND 87/100 DOLLARS ($1,840,632.87), 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 208th District G.M., of Banks County, Georgia, being that 2.219 acres, more or less, as more particularly shown on a plat of survey prepared for William D. Chandler & Helen C. Chandler by Max Lewallen, Registered Surveyor, dated May 7, 1986, recorded in Plat Book 12, Page 194, Banks County, Georgia Records, which plat is incorporated herein and made a part here of by reference.
LESS & EXCEPT: That 0.14 acres conveyed to the Georgia Department of Transportation by Deed recorded at Deed Book 46, Page 685, Banks County, Georgia Records.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. The debt 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 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 Deed, 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 is located at 40095-40103 U.S. Highway 441, Commerce, Banks County, Georgia, and the party in possession of the property is Garner Family Homes, Inc., or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Garner Family Homes, Inc.
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.
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MARTHA SIMMONS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AEGIS LENDING CORPORATION, dated February 23, 2007, recorded in Deed Book 301, Page 822, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2009 the following described property:
Martha Simmons
The land referred to in this commitment is situated in the State of GA, County of Banks and is described as follows:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, and being designated as Lot 10 on a plat of survey prepared for Ed Oak Farms by W.E. Lester, Registered Surveyor, dated March 25, 1987, recorded in Plat Book A, Page 31, 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.
Parcel No. B32B-002
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 affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Martha Simmons or a tenant or tenants, and said property is more commonly known as 120 Hardwood Court, 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Martha Simmons
Contact: Dionna Squires
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. F09.03.100
Ad Run Dates: 09/09/09, 09/16/09, 09/23/09, and 09/30/09
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)
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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 JENNIFER L. GASE and TOBY L. GASE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 15, 2004, in the amount of $73,588.00, and recorded in Deed Book 229, Page 754, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the GMD 284 of Banks County, Georgia, being designated as Tract One, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill, dated May 5, 1994, prepared by Russell N. Barlett, RLS, as per plat recorded in Plat Book 18, Page 230, Banks County, Georgia records, said plat is incorporated herein by reference for a more complete description.
which has the property address of 360 Boling Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jennifer L. Gase and Toby L. Gase and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Jennifer L. Gase and Toby L. Gase
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20475 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JEFFERY ALAN DAVIS to UNITED COMMUNITY BANK, dated August 25, 2003, recorded September 2, 2003, in Deed Book 221, Page 680, Banks County, Georgia records, as last modified by Modification of Security Deed dated November 30, 2008, recorded in Deed Book 334, Page 362, Banks County, Georgia records, said Security Deed being given to secure a Note from JEFFERY ALAN DAVIS dated November 30, 2008, in the original principal amount of FIFTY FOUR THOUSAND EIGHT HUNDRED TWENTY SIX AND 08/100 ($54,826.08) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being Tract 1 consisting of 0.57 acres, more or less, and Tract 2 consisting of 0.53 acres, more or less, as more particularly shown on a final plat of survey prepared for Timberlane Subdivision by Allen L. Venable, Jr. Registered Surveyor, dated July 4, 1988, revised March 2, 1989, recorded in Plat Book 14, Page 102, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Including a 1989 Southwind, Mobile Home, Model SH524, Vehicle Identification Number DSHAL13265AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JEFFERY ALAN DAVIS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JEFFERY ALAN DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01474
(SE9,16,23,30B/16022-50T1P)
[Full Story »]
Public Notices
Banks County Public Records 09-23-09
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 BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST, dated March 4th, 1988, and recorded March 10th, 1988, in Deed Book 47, Page 735 Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Bobby Joe Caudell the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, and being more particularly described according to plat of Survey made by J.G. King, Registered Surveyor, under date of November, 1972, copy of said Plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 4, Page 252, as fo1lows: BEGINNING at an iron pin corner at the point of intersection of the Southeasterly Side of Baldwin Falls Road with the Southwesterly side of Chatham Street; thence South 43 degrees 31 minutes East 492.9 feet along the Southwesterly side of Chatham Street to an iron pin corner on the original line between Land Lot Nos. 185 and 204; thence South 59 degrees 23 minutes West 337.7 feet along said Land Lot Line to an iron pin corner; thence North 45 degrees 07 minutes West 4O8.53 feet to an iron pin corner on the Southeasterly side of Baldwin Falls Road; thence along said Road the following courses and distances North 49 degrees 49 minutes East 115.9 feet, North 51 degrees 19 minutes East 169.6 feet, and North 21 degrees 43 minutes East 60.8 feet to the point of beginning, containing 3.38 acres, more or 1ess.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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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 CLARENCE BRUCE LEWALLEN and LINDA LEWALLEN CAUDELL to COMMUNITY BANK AND TRUST, dated February 26th, 2007, and recorded March 14th, 2007, in Deed Book 301, Pages 586-587 Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Clarence Bruce Lewallen and Linda Lewallen Caudell the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, and more fully described as follows:
BEGINNING at an iron pin corner on the South side of Williams Street with lands of Albert Newsome, formerly owned by James Smith; thence along Williams Street South 45° East 614.5 feet to corner with lands of Eugene Stewart, formerly W. L. Shore; thence South 47° 6’ West 861 feet to corner with lands of Ed Chapman, formerly owned by Charlie House; thence North 17° 35’ West 126 feet; thence North 3° 59’ East 236 feet; thence North 35° 22’ West 146 feet; thence North 34° 43’ West 168 feet; thence North 33° 47’ East; thence North 46° 7’ East 152 feet; thence North 52° 48’ East 225.1 feet to corner on Williams Street, the POINT OF BEGINNING. The tract herein conveyed contains 9.62 acres, more or less, and is known and distinguished as being Tract No. 1 according to the survey and plat of J. G. King, dated February 10, 1948, reference to which is hereby made for all purposes, including the location of certain unopened alleys.
TRACT II: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, known and distinguished as Lots Nos. 11, 12, 13 and 14, and 35, 36, 37 and 38 of Block 37 of the Town of Baldwin according to survey and plat of John A. Reynolds, which is recorded in the Office of the Clerk of the Superior Court of Habersham County, Georgia, and more fully described as follows:
BEGINNING at a stake corner with Lot No. 10 of said block now owned by the Henry Payne Estate on the North side of Williams Street; thence along Williams Street South 45° 39’ East Two Hundred (200) feet to corner; thence North 44° 30’ East Three Hundred (300) feet to corner on Chatham Street; thence along Chatham Street North 45° West Two Hundred (200) feet to corner with lands of the Henry Payne Estate; thence South 44° 30’ West Three Hundred (300) feet to corner on Williams Street, the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in The Town of Baldwin, Georgia, and being a part of Block #33, containing 3.16 acres and being more fully described in a Warranty Deed dated May 1972, from Adger Lewallen to Habersham County Board of Education, said deed being of record among the deed records of Habersham County, Georgia, in Deed Book 124, Page 677.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Clarence Bruce Lewallen and Linda Lewallen Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Clarence Bruce Lewallen and Linda Lewallen Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt 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 October, 2009, 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.
(SE9,16,23,30P4)
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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 JANET L. SIMS and RUFUS T. SIMS to NEW CENTURY MORTGAGE CORPORATION dated February 18, 2005, in the amount of $93,200.00, and recorded in Deed Book 37-V, Page 714, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Lot 19, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, Jackson County, Georgia Records, which recorded plat is incorporated herein for a more complete description of said property.
which has the property address of 304 Meadow Lark Way, 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 Janet L. Sims and Rufus T. Sims 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 Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 Attorney in Fact for Janet L. Sims and Rufus T. Sims
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21168 /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.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER and HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER and HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/16022-60T1P)
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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 NENG YANG and TONG VANG to WASHINGTON MUTUAL BANK, FA dated January 14, 2008, in the amount of $226,000.00, and recorded in Deed Book 319, Page 594, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210 District G.M. Banks County, Georgia as shown as a 7.496 acres tract on the plat of Federal Home Loan Mortgage Corporation prepared by William E. Whidden G.R.L.S. No. 2632 dated 11/7/2005 being more particularly described as follows:
Beginning at the intersection of Scales Creek Road and Wright Street and running thence North 15 degrees 42 minutes 40 seconds West for a distance of 245.89 feet to a point, said point being the true Point of Beginning, thence North 63 degrees 54 minutes 48 seconds West for a distance of 457.41 feet to a point, thence South 81 degrees 17 minutes 44 seconds West for a distance of 889.16 feet to a point, thence North 27 degrees 21 minutes 33 seconds East for a distance of 496.10 feet to a point, thence 20 degrees 30 minutes 00 seconds East for a distance of 124.90 feet, thence North 89 degrees 35 minutes 00 seconds East for a distance of 556.61 feet to a point, thence South 21 degrees 02 minutes 04 seconds East along the Southwesterly Right of Way of Scales Creek Road for a distance of 108.79 feet to a point, thence continuing along said Right of Way following a curve having an arc distance of 320.55 feet said arc being subtended by a chord of 4598.87 feet and having a bearing of South 21 degrees 41 minutes 29 seconds East for a distance of 320.49 feet to a point, said point being the true Point of Beginning.
Being the same property conveyed to Neng Yang and Tong Vang by deed from Federal Home Loan Mortgage Corporation recorded 09/07/2006 in Deed Book 288 Page 445, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
which has the property address of 863 Scales Creek Rd, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neng Yang and Tong Vang and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Neng Yang and Tong Vang
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21323 /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.
(SE9,16,23,30B/1325-70)
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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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, Banks County, Georgia Records, as last transferred to Saxon Mortgage Services, Inc. by assignment, the undersigned, Saxon Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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.
Saxon Mortgage Services, Inc. Attorney in Fact for Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DOUGLAS TOPOR and DORA TOPOR to AMERICAN HOME MORTGAGE ACCEPTANCE, INC., dated August 5, 2005, in the amount of $124,800.00, and recorded in Deed Book 265, Page 139, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, designated as Lot 14, Block B, Phase 2 of Buckeye Trails Subdivision as shown by plat and survey entitled Preliminary Plan for Phase 2 of Buckeye Trails Subdivision, prepared by Cornerstone Land Surveyors, Certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, Banks County, Georgia Records: which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
which has the property address of 162 Buckeye Trails Dr, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Douglas Topor and Dora Topor and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 Attorney in Fact for Douglas Topor and Dora Topor
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21011 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from CHRISTINE G. SCHMID to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for NEW CENTURY MORTGAGE CORPORATION, dated October 25, 2006, recorded November 3, 2006, in Deed Book 292, Pages 194-214, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($103,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates, Series 2007-HE2, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Banks County, Georgia, being known and designated as Lot 12, Oak Grove Estates Subdivision, and being more particularly described according to a plat of survey recorded in Plat Book A, Page 32, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 205, Page 1, said records.
The above described property is subject to restrictive covenants recorded in Deed Book 75, Page 703, Banks County Records, and reserved mineral rights recorded in Deed Book 29, Page 30, said records.
Said property is commonly known as 134 Grove Drive, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Christine G. Schmid, Christine G. Schmid, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2
as Attorney in Fact for CHRISTINE G. SCHMID
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-
32136-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(SE9,16,23,30B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from GARNER FAMILY HOMES, INC. (“Grantor”) to HABERSHAM BANK (“Grantee”), dated June 28, 2007, filed and recorded July 6, 2007, in Deed Book 308, Page 644, Banks County, Georgia Records, as modified by that certain Modification Agreement dated August 27, 2008, filed and recorded September 4, 2008, in Deed Book 330, Page 512, aforesaid records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated August 27, 2008, from Grantor payable to Grantee in the original principal amount of ONE MILLION EIGHT HUNDRED FORTY THOUSAND SIX HUNDRED THIRTY TWO AND 87/100 DOLLARS ($1,840,632.87), 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 208th District G.M., of Banks County, Georgia, being that 2.219 acres, more or less, as more particularly shown on a plat of survey prepared for William D. Chandler & Helen C. Chandler by Max Lewallen, Registered Surveyor, dated May 7, 1986, recorded in Plat Book 12, Page 194, Banks County, Georgia Records, which plat is incorporated herein and made a part here of by reference.
LESS & EXCEPT: That 0.14 acres conveyed to the Georgia Department of Transportation by Deed recorded at Deed Book 46, Page 685, Banks County, Georgia Records.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. The debt 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 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 Deed, 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 is located at 40095-40103 U.S. Highway 441, Commerce, Banks County, Georgia, and the party in possession of the property is Garner Family Homes, Inc., or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Garner Family Homes, Inc.
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.
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MARTHA SIMMONS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AEGIS LENDING CORPORATION, dated February 23, 2007, recorded in Deed Book 301, Page 822, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2009 the following described property:
Martha Simmons
The land referred to in this commitment is situated in the State of GA, County of Banks and is described as follows:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, and being designated as Lot 10 on a plat of survey prepared for Ed Oak Farms by W.E. Lester, Registered Surveyor, dated March 25, 1987, recorded in Plat Book A, Page 31, 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.
Parcel No. B32B-002
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 affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Martha Simmons or a tenant or tenants, and said property is more commonly known as 120 Hardwood Court, 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Martha Simmons
Contact: Dionna Squires
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. F09.03.100
Ad Run Dates: 09/09/09, 09/16/09, 09/23/09, and 09/30/09
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)
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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 JENNIFER L. GASE and TOBY L. GASE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 15, 2004, in the amount of $73,588.00, and recorded in Deed Book 229, Page 754, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the GMD 284 of Banks County, Georgia, being designated as Tract One, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill, dated May 5, 1994, prepared by Russell N. Barlett, RLS, as per plat recorded in Plat Book 18, Page 230, Banks County, Georgia records, said plat is incorporated herein by reference for a more complete description.
which has the property address of 360 Boling Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jennifer L. Gase and Toby L. Gase and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Jennifer L. Gase and Toby L. Gase
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20475 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JEFFERY ALAN DAVIS to UNITED COMMUNITY BANK, dated August 25, 2003, recorded September 2, 2003, in Deed Book 221, Page 680, Banks County, Georgia records, as last modified by Modification of Security Deed dated November 30, 2008, recorded in Deed Book 334, Page 362, Banks County, Georgia records, said Security Deed being given to secure a Note from JEFFERY ALAN DAVIS dated November 30, 2008, in the original principal amount of FIFTY FOUR THOUSAND EIGHT HUNDRED TWENTY SIX AND 08/100 ($54,826.08) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being Tract 1 consisting of 0.57 acres, more or less, and Tract 2 consisting of 0.53 acres, more or less, as more particularly shown on a final plat of survey prepared for Timberlane Subdivision by Allen L. Venable, Jr. Registered Surveyor, dated July 4, 1988, revised March 2, 1989, recorded in Plat Book 14, Page 102, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Including a 1989 Southwind, Mobile Home, Model SH524, Vehicle Identification Number DSHAL13265AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JEFFERY ALAN DAVIS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JEFFERY ALAN DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01474
(SE9,16,23,30B/16022-50T1P)
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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 SAMUEL MENDOZA, JR to FIRST GEORGIA BANKING COMPANY, dated May 25, 2006, which Deed is recorded among Banks County, Georgia Records in Deed Book 282, Page 158, said Security Deed being given to secure a Note dated March 3, 2009 in the original principal amount of NINETY THREE THOUSAND NINE HUNDRED THIRTY SIX AND 65/100 ($93,936.65) 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 October, 2009, (October 6, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 18, of Lake View at Apple Pie Ridge Subdivision, containing 2.211 acres, more or less, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Said property is known as Lots 18, Lake View Court, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and FIRST GEORGIA BANKING COMPANY 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 SAMUEL MENDOZA, JR., who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
FIRST GEORGIA BANKING COMPANY, As Attorney-in-Fact for SAMUEL MENDOZA, JR.
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1326-60P)
[Full Story »]
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 BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST, dated March 4th, 1988, and recorded March 10th, 1988, in Deed Book 47, Page 735 Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Bobby Joe Caudell the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, and being more particularly described according to plat of Survey made by J.G. King, Registered Surveyor, under date of November, 1972, copy of said Plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 4, Page 252, as fo1lows: BEGINNING at an iron pin corner at the point of intersection of the Southeasterly Side of Baldwin Falls Road with the Southwesterly side of Chatham Street; thence South 43 degrees 31 minutes East 492.9 feet along the Southwesterly side of Chatham Street to an iron pin corner on the original line between Land Lot Nos. 185 and 204; thence South 59 degrees 23 minutes West 337.7 feet along said Land Lot Line to an iron pin corner; thence North 45 degrees 07 minutes West 4O8.53 feet to an iron pin corner on the Southeasterly side of Baldwin Falls Road; thence along said Road the following courses and distances North 49 degrees 49 minutes East 115.9 feet, North 51 degrees 19 minutes East 169.6 feet, and North 21 degrees 43 minutes East 60.8 feet to the point of beginning, containing 3.38 acres, more or 1ess.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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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 CLARENCE BRUCE LEWALLEN and LINDA LEWALLEN CAUDELL to COMMUNITY BANK AND TRUST, dated February 26th, 2007, and recorded March 14th, 2007, in Deed Book 301, Pages 586-587 Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Clarence Bruce Lewallen and Linda Lewallen Caudell the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, and more fully described as follows:
BEGINNING at an iron pin corner on the South side of Williams Street with lands of Albert Newsome, formerly owned by James Smith; thence along Williams Street South 45° East 614.5 feet to corner with lands of Eugene Stewart, formerly W. L. Shore; thence South 47° 6’ West 861 feet to corner with lands of Ed Chapman, formerly owned by Charlie House; thence North 17° 35’ West 126 feet; thence North 3° 59’ East 236 feet; thence North 35° 22’ West 146 feet; thence North 34° 43’ West 168 feet; thence North 33° 47’ East; thence North 46° 7’ East 152 feet; thence North 52° 48’ East 225.1 feet to corner on Williams Street, the POINT OF BEGINNING. The tract herein conveyed contains 9.62 acres, more or less, and is known and distinguished as being Tract No. 1 according to the survey and plat of J. G. King, dated February 10, 1948, reference to which is hereby made for all purposes, including the location of certain unopened alleys.
TRACT II: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, known and distinguished as Lots Nos. 11, 12, 13 and 14, and 35, 36, 37 and 38 of Block 37 of the Town of Baldwin according to survey and plat of John A. Reynolds, which is recorded in the Office of the Clerk of the Superior Court of Habersham County, Georgia, and more fully described as follows:
BEGINNING at a stake corner with Lot No. 10 of said block now owned by the Henry Payne Estate on the North side of Williams Street; thence along Williams Street South 45° 39’ East Two Hundred (200) feet to corner; thence North 44° 30’ East Three Hundred (300) feet to corner on Chatham Street; thence along Chatham Street North 45° West Two Hundred (200) feet to corner with lands of the Henry Payne Estate; thence South 44° 30’ West Three Hundred (300) feet to corner on Williams Street, the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in The Town of Baldwin, Georgia, and being a part of Block #33, containing 3.16 acres and being more fully described in a Warranty Deed dated May 1972, from Adger Lewallen to Habersham County Board of Education, said deed being of record among the deed records of Habersham County, Georgia, in Deed Book 124, Page 677.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Clarence Bruce Lewallen and Linda Lewallen Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Clarence Bruce Lewallen and Linda Lewallen Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt 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 October, 2009, 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.
(SE9,16,23,30P4)
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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 JANET L. SIMS and RUFUS T. SIMS to NEW CENTURY MORTGAGE CORPORATION dated February 18, 2005, in the amount of $93,200.00, and recorded in Deed Book 37-V, Page 714, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Lot 19, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, Jackson County, Georgia Records, which recorded plat is incorporated herein for a more complete description of said property.
which has the property address of 304 Meadow Lark Way, 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 Janet L. Sims and Rufus T. Sims 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 Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 Attorney in Fact for Janet L. Sims and Rufus T. Sims
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21168 /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.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER and HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER and HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/16022-60T1P)
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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 NENG YANG and TONG VANG to WASHINGTON MUTUAL BANK, FA dated January 14, 2008, in the amount of $226,000.00, and recorded in Deed Book 319, Page 594, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210 District G.M. Banks County, Georgia as shown as a 7.496 acres tract on the plat of Federal Home Loan Mortgage Corporation prepared by William E. Whidden G.R.L.S. No. 2632 dated 11/7/2005 being more particularly described as follows:
Beginning at the intersection of Scales Creek Road and Wright Street and running thence North 15 degrees 42 minutes 40 seconds West for a distance of 245.89 feet to a point, said point being the true Point of Beginning, thence North 63 degrees 54 minutes 48 seconds West for a distance of 457.41 feet to a point, thence South 81 degrees 17 minutes 44 seconds West for a distance of 889.16 feet to a point, thence North 27 degrees 21 minutes 33 seconds East for a distance of 496.10 feet to a point, thence 20 degrees 30 minutes 00 seconds East for a distance of 124.90 feet, thence North 89 degrees 35 minutes 00 seconds East for a distance of 556.61 feet to a point, thence South 21 degrees 02 minutes 04 seconds East along the Southwesterly Right of Way of Scales Creek Road for a distance of 108.79 feet to a point, thence continuing along said Right of Way following a curve having an arc distance of 320.55 feet said arc being subtended by a chord of 4598.87 feet and having a bearing of South 21 degrees 41 minutes 29 seconds East for a distance of 320.49 feet to a point, said point being the true Point of Beginning.
Being the same property conveyed to Neng Yang and Tong Vang by deed from Federal Home Loan Mortgage Corporation recorded 09/07/2006 in Deed Book 288 Page 445, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
which has the property address of 863 Scales Creek Rd, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neng Yang and Tong Vang and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Neng Yang and Tong Vang
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21323 /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.
(SE9,16,23,30B/1325-70)
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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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, Banks County, Georgia Records, as last transferred to Saxon Mortgage Services, Inc. by assignment, the undersigned, Saxon Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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.
Saxon Mortgage Services, Inc. Attorney in Fact for Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DOUGLAS TOPOR and DORA TOPOR to AMERICAN HOME MORTGAGE ACCEPTANCE, INC., dated August 5, 2005, in the amount of $124,800.00, and recorded in Deed Book 265, Page 139, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, designated as Lot 14, Block B, Phase 2 of Buckeye Trails Subdivision as shown by plat and survey entitled Preliminary Plan for Phase 2 of Buckeye Trails Subdivision, prepared by Cornerstone Land Surveyors, Certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, Banks County, Georgia Records: which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
which has the property address of 162 Buckeye Trails Dr, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Douglas Topor and Dora Topor and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 Attorney in Fact for Douglas Topor and Dora Topor
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21011 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from CHRISTINE G. SCHMID to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for NEW CENTURY MORTGAGE CORPORATION, dated October 25, 2006, recorded November 3, 2006, in Deed Book 292, Pages 194-214, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($103,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates, Series 2007-HE2, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Banks County, Georgia, being known and designated as Lot 12, Oak Grove Estates Subdivision, and being more particularly described according to a plat of survey recorded in Plat Book A, Page 32, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 205, Page 1, said records.
The above described property is subject to restrictive covenants recorded in Deed Book 75, Page 703, Banks County Records, and reserved mineral rights recorded in Deed Book 29, Page 30, said records.
Said property is commonly known as 134 Grove Drive, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Christine G. Schmid, Christine G. Schmid, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2
as Attorney in Fact for CHRISTINE G. SCHMID
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-
32136-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(SE9,16,23,30B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from GARNER FAMILY HOMES, INC. (“Grantor”) to HABERSHAM BANK (“Grantee”), dated June 28, 2007, filed and recorded July 6, 2007, in Deed Book 308, Page 644, Banks County, Georgia Records, as modified by that certain Modification Agreement dated August 27, 2008, filed and recorded September 4, 2008, in Deed Book 330, Page 512, aforesaid records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated August 27, 2008, from Grantor payable to Grantee in the original principal amount of ONE MILLION EIGHT HUNDRED FORTY THOUSAND SIX HUNDRED THIRTY TWO AND 87/100 DOLLARS ($1,840,632.87), 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 208th District G.M., of Banks County, Georgia, being that 2.219 acres, more or less, as more particularly shown on a plat of survey prepared for William D. Chandler & Helen C. Chandler by Max Lewallen, Registered Surveyor, dated May 7, 1986, recorded in Plat Book 12, Page 194, Banks County, Georgia Records, which plat is incorporated herein and made a part here of by reference.
LESS & EXCEPT: That 0.14 acres conveyed to the Georgia Department of Transportation by Deed recorded at Deed Book 46, Page 685, Banks County, Georgia Records.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. The debt 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 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 Deed, 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 is located at 40095-40103 U.S. Highway 441, Commerce, Banks County, Georgia, and the party in possession of the property is Garner Family Homes, Inc., or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Garner Family Homes, Inc.
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.
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MARTHA SIMMONS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AEGIS LENDING CORPORATION, dated February 23, 2007, recorded in Deed Book 301, Page 822, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2009 the following described property:
Martha Simmons
The land referred to in this commitment is situated in the State of GA, County of Banks and is described as follows:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, and being designated as Lot 10 on a plat of survey prepared for Ed Oak Farms by W.E. Lester, Registered Surveyor, dated March 25, 1987, recorded in Plat Book A, Page 31, 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.
Parcel No. B32B-002
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 affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Martha Simmons or a tenant or tenants, and said property is more commonly known as 120 Hardwood Court, 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Martha Simmons
Contact: Dionna Squires
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. F09.03.100
Ad Run Dates: 09/09/09, 09/16/09, 09/23/09, and 09/30/09
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)
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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 JENNIFER L. GASE and TOBY L. GASE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 15, 2004, in the amount of $73,588.00, and recorded in Deed Book 229, Page 754, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the GMD 284 of Banks County, Georgia, being designated as Tract One, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill, dated May 5, 1994, prepared by Russell N. Barlett, RLS, as per plat recorded in Plat Book 18, Page 230, Banks County, Georgia records, said plat is incorporated herein by reference for a more complete description.
which has the property address of 360 Boling Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jennifer L. Gase and Toby L. Gase and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Jennifer L. Gase and Toby L. Gase
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20475 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JEFFERY ALAN DAVIS to UNITED COMMUNITY BANK, dated August 25, 2003, recorded September 2, 2003, in Deed Book 221, Page 680, Banks County, Georgia records, as last modified by Modification of Security Deed dated November 30, 2008, recorded in Deed Book 334, Page 362, Banks County, Georgia records, said Security Deed being given to secure a Note from JEFFERY ALAN DAVIS dated November 30, 2008, in the original principal amount of FIFTY FOUR THOUSAND EIGHT HUNDRED TWENTY SIX AND 08/100 ($54,826.08) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being Tract 1 consisting of 0.57 acres, more or less, and Tract 2 consisting of 0.53 acres, more or less, as more particularly shown on a final plat of survey prepared for Timberlane Subdivision by Allen L. Venable, Jr. Registered Surveyor, dated July 4, 1988, revised March 2, 1989, recorded in Plat Book 14, Page 102, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Including a 1989 Southwind, Mobile Home, Model SH524, Vehicle Identification Number DSHAL13265AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JEFFERY ALAN DAVIS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JEFFERY ALAN DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01474
(SE9,16,23,30B/16022-50T1P)
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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 SAMUEL MENDOZA, JR to FIRST GEORGIA BANKING COMPANY, dated May 25, 2006, which Deed is recorded among Banks County, Georgia Records in Deed Book 282, Page 158, said Security Deed being given to secure a Note dated March 3, 2009 in the original principal amount of NINETY THREE THOUSAND NINE HUNDRED THIRTY SIX AND 65/100 ($93,936.65) 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 October, 2009, (October 6, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 448th & 1580th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 18, of Lake View at Apple Pie Ridge Subdivision, containing 2.211 acres, more or less, on a plat of survey prepared by James W. Wooley, R.L.S., under date of April 19, 2002, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Pages 66-68, to which said plat and the record thereof, reference is hereby made for a more complete description.
TOGETHER WITH a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Said property is known as Lots 18, Lake View Court, Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and FIRST GEORGIA BANKING COMPANY 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 SAMUEL MENDOZA, JR., who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
FIRST GEORGIA BANKING COMPANY, As Attorney-in-Fact for SAMUEL MENDOZA, JR.
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1326-60P)
[Full Story »]
Banks County Public Records 09-16-09
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 BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST, dated March 4th, 1988, and recorded March 10th, 1988, in Deed Book 47, Page 735 Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Bobby Joe Caudell the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, and being more particularly described according to plat of Survey made by J.G. King, Registered Surveyor, under date of November, 1972, copy of said Plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 4, Page 252, as fo1lows: BEGINNING at an iron pin corner at the point of intersection of the Southeasterly Side of Baldwin Falls Road with the Southwesterly side of Chatham Street; thence South 43 degrees 31 minutes East 492.9 feet along the Southwesterly side of Chatham Street to an iron pin corner on the original line between Land Lot Nos. 185 and 204; thence South 59 degrees 23 minutes West 337.7 feet along said Land Lot Line to an iron pin corner; thence North 45 degrees 07 minutes West 4O8.53 feet to an iron pin corner on the Southeasterly side of Baldwin Falls Road; thence along said Road the following courses and distances North 49 degrees 49 minutes East 115.9 feet, North 51 degrees 19 minutes East 169.6 feet, and North 21 degrees 43 minutes East 60.8 feet to the point of beginning, containing 3.38 acres, more or 1ess.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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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 CLARENCE BRUCE LEWALLEN and LINDA LEWALLEN CAUDELL to COMMUNITY BANK AND TRUST, dated February 26th, 2007, and recorded March 14th, 2007, in Deed Book 301, Pages 586-587 Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Clarence Bruce Lewallen and Linda Lewallen Caudell the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, and more fully described as follows:
BEGINNING at an iron pin corner on the South side of Williams Street with lands of Albert Newsome, formerly owned by James Smith; thence along Williams Street South 45° East 614.5 feet to corner with lands of Eugene Stewart, formerly W. L. Shore; thence South 47° 6’ West 861 feet to corner with lands of Ed Chapman, formerly owned by Charlie House; thence North 17° 35’ West 126 feet; thence North 3° 59’ East 236 feet; thence North 35° 22’ West 146 feet; thence North 34° 43’ West 168 feet; thence North 33° 47’ East; thence North 46° 7’ East 152 feet; thence North 52° 48’ East 225.1 feet to corner on Williams Street, the POINT OF BEGINNING. The tract herein conveyed contains 9.62 acres, more or less, and is known and distinguished as being Tract No. 1 according to the survey and plat of J. G. King, dated February 10, 1948, reference to which is hereby made for all purposes, including the location of certain unopened alleys.
TRACT II: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, known and distinguished as Lots Nos. 11, 12, 13 and 14, and 35, 36, 37 and 38 of Block 37 of the Town of Baldwin according to survey and plat of John A. Reynolds, which is recorded in the Office of the Clerk of the Superior Court of Habersham County, Georgia, and more fully described as follows:
BEGINNING at a stake corner with Lot No. 10 of said block now owned by the Henry Payne Estate on the North side of Williams Street; thence along Williams Street South 45° 39’ East Two Hundred (200) feet to corner; thence North 44° 30’ East Three Hundred (300) feet to corner on Chatham Street; thence along Chatham Street North 45° West Two Hundred (200) feet to corner with lands of the Henry Payne Estate; thence South 44° 30’ West Three Hundred (300) feet to corner on Williams Street, the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in The Town of Baldwin, Georgia, and being a part of Block #33, containing 3.16 acres and being more fully described in a Warranty Deed dated May 1972, from Adger Lewallen to Habersham County Board of Education, said deed being of record among the deed records of Habersham County, Georgia, in Deed Book 124, Page 677.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Clarence Bruce Lewallen and Linda Lewallen Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Clarence Bruce Lewallen and Linda Lewallen Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt 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 October, 2009, 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.
(SE9,16,23,30P4)
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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 JANET L. SIMS and RUFUS T. SIMS to NEW CENTURY MORTGAGE CORPORATION dated February 18, 2005, in the amount of $93,200.00, and recorded in Deed Book 37-V, Page 714, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Lot 19, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, Jackson County, Georgia Records, which recorded plat is incorporated herein for a more complete description of said property.
which has the property address of 304 Meadow Lark Way, 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 Janet L. Sims and Rufus T. Sims 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 Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 Attorney in Fact for Janet L. Sims and Rufus T. Sims
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21168 /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.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER and HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER and HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/16022-60T1P)
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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 NENG YANG and TONG VANG to WASHINGTON MUTUAL BANK, FA dated January 14, 2008, in the amount of $226,000.00, and recorded in Deed Book 319, Page 594, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210 District G.M. Banks County, Georgia as shown as a 7.496 acres tract on the plat of Federal Home Loan Mortgage Corporation prepared by William E. Whidden G.R.L.S. No. 2632 dated 11/7/2005 being more particularly described as follows:
Beginning at the intersection of Scales Creek Road and Wright Street and running thence North 15 degrees 42 minutes 40 seconds West for a distance of 245.89 feet to a point, said point being the true Point of Beginning, thence North 63 degrees 54 minutes 48 seconds West for a distance of 457.41 feet to a point, thence South 81 degrees 17 minutes 44 seconds West for a distance of 889.16 feet to a point, thence North 27 degrees 21 minutes 33 seconds East for a distance of 496.10 feet to a point, thence 20 degrees 30 minutes 00 seconds East for a distance of 124.90 feet, thence North 89 degrees 35 minutes 00 seconds East for a distance of 556.61 feet to a point, thence South 21 degrees 02 minutes 04 seconds East along the Southwesterly Right of Way of Scales Creek Road for a distance of 108.79 feet to a point, thence continuing along said Right of Way following a curve having an arc distance of 320.55 feet said arc being subtended by a chord of 4598.87 feet and having a bearing of South 21 degrees 41 minutes 29 seconds East for a distance of 320.49 feet to a point, said point being the true Point of Beginning.
Being the same property conveyed to Neng Yang and Tong Vang by deed from Federal Home Loan Mortgage Corporation recorded 09/07/2006 in Deed Book 288 Page 445, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
which has the property address of 863 Scales Creek Rd, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neng Yang and Tong Vang and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Neng Yang and Tong Vang
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21323 /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.
(SE9,16,23,30B/1325-70)
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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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, Banks County, Georgia Records, as last transferred to Saxon Mortgage Services, Inc. by assignment, the undersigned, Saxon Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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.
Saxon Mortgage Services, Inc. Attorney in Fact for Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DOUGLAS TOPOR and DORA TOPOR to AMERICAN HOME MORTGAGE ACCEPTANCE, INC., dated August 5, 2005, in the amount of $124,800.00, and recorded in Deed Book 265, Page 139, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, designated as Lot 14, Block B, Phase 2 of Buckeye Trails Subdivision as shown by plat and survey entitled Preliminary Plan for Phase 2 of Buckeye Trails Subdivision, prepared by Cornerstone Land Surveyors, Certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, Banks County, Georgia Records: which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
which has the property address of 162 Buckeye Trails Dr, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Douglas Topor and Dora Topor and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 Attorney in Fact for Douglas Topor and Dora Topor
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21011 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from CHRISTINE G. SCHMID to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for NEW CENTURY MORTGAGE CORPORATION, dated October 25, 2006, recorded November 3, 2006, in Deed Book 292, Pages 194-214, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($103,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates, Series 2007-HE2, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Banks County, Georgia, being known and designated as Lot 12, Oak Grove Estates Subdivision, and being more particularly described according to a plat of survey recorded in Plat Book A, Page 32, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 205, Page 1, said records.
The above described property is subject to restrictive covenants recorded in Deed Book 75, Page 703, Banks County Records, and reserved mineral rights recorded in Deed Book 29, Page 30, said records.
Said property is commonly known as 134 Grove Drive, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Christine G. Schmid, Christine G. Schmid, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2
as Attorney in Fact for CHRISTINE G. SCHMID
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-32136-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(SE9,16,23,30B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from GARNER FAMILY HOMES, INC. (“Grantor”) to HABERSHAM BANK (“Grantee”), dated June 28, 2007, filed and recorded July 6, 2007, in Deed Book 308, Page 644, Banks County, Georgia Records, as modified by that certain Modification Agreement dated August 27, 2008, filed and recorded September 4, 2008, in Deed Book 330, Page 512, aforesaid records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated August 27, 2008, from Grantor payable to Grantee in the original principal amount of ONE MILLION EIGHT HUNDRED FORTY THOUSAND SIX HUNDRED THIRTY TWO AND 87/100 DOLLARS ($1,840,632.87), 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 208th District G.M., of Banks County, Georgia, being that 2.219 acres, more or less, as more particularly shown on a plat of survey prepared for William D. Chandler & Helen C. Chandler by Max Lewallen, Registered Surveyor, dated May 7, 1986, recorded in Plat Book 12, Page 194, Banks County, Georgia Records, which plat is incorporated herein and made a part here of by reference.
LESS & EXCEPT: That 0.14 acres conveyed to the Georgia Department of Transportation by Deed recorded at Deed Book 46, Page 685, Banks County, Georgia Records.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. The debt 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 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 Deed, 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 is located at 40095-40103 U.S. Highway 441, Commerce, Banks County, Georgia, and the party in possession of the property is Garner Family Homes, Inc., or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Garner Family Homes, Inc.
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.
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MARTHA SIMMONS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AEGIS LENDING CORPORATION, dated February 23, 2007, recorded in Deed Book 301, Page 822, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2009 the following described property:
Martha Simmons
The land referred to in this commitment is situated in the State of GA, County of Banks and is described as follows:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, and being designated as Lot 10 on a plat of survey prepared for Ed Oak Farms by W.E. Lester, Registered Surveyor, dated March 25, 1987, recorded in Plat Book A, Page 31, 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.
Parcel No. B32B-002
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 affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Martha Simmons or a tenant or tenants, and said property is more commonly known as 120 Hardwood Court, 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Martha Simmons
Contact: Dionna Squires
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. F09.03.100
Ad Run Dates: 09/09/09, 09/16/09, 09/23/09, and 09/30/09
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)
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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 JENNIFER L. GASE and TOBY L. GASE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 15, 2004, in the amount of $73,588.00, and recorded in Deed Book 229, Page 754, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the GMD 284 of Banks County, Georgia, being designated as Tract One, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill, dated May 5, 1994, prepared by Russell N. Barlett, RLS, as per plat recorded in Plat Book 18, Page 230, Banks County, Georgia records, said plat is incorporated herein by reference for a more complete description.
which has the property address of 360 Boling Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jennifer L. Gase and Toby L. Gase and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Jennifer L. Gase and Toby L. Gase
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20475 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JEFFERY ALAN DAVIS to UNITED COMMUNITY BANK, dated August 25, 2003, recorded September 2, 2003, in Deed Book 221, Page 680, Banks County, Georgia records, as last modified by Modification of Security Deed dated November 30, 2008, recorded in Deed Book 334, Page 362, Banks County, Georgia records, said Security Deed being given to secure a Note from JEFFERY ALAN DAVIS dated November 30, 2008, in the original principal amount of FIFTY FOUR THOUSAND EIGHT HUNDRED TWENTY SIX AND 08/100 ($54,826.08) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being Tract 1 consisting of 0.57 acres, more or less, and Tract 2 consisting of 0.53 acres, more or less, as more particularly shown on a final plat of survey prepared for Timberlane Subdivision by Allen L. Venable, Jr. Registered Surveyor, dated July 4, 1988, revised March 2, 1989, recorded in Plat Book 14, Page 102, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Including a 1989 Southwind, Mobile Home, Model SH524, Vehicle Identification Number DSHAL13265AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JEFFERY ALAN DAVIS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JEFFERY ALAN DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01474
(SE9,16,23,30B/16022-50T1P)
[Full Story »]
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 BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST, dated March 4th, 1988, and recorded March 10th, 1988, in Deed Book 47, Page 735 Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Bobby Joe Caudell the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, and being more particularly described according to plat of Survey made by J.G. King, Registered Surveyor, under date of November, 1972, copy of said Plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 4, Page 252, as fo1lows: BEGINNING at an iron pin corner at the point of intersection of the Southeasterly Side of Baldwin Falls Road with the Southwesterly side of Chatham Street; thence South 43 degrees 31 minutes East 492.9 feet along the Southwesterly side of Chatham Street to an iron pin corner on the original line between Land Lot Nos. 185 and 204; thence South 59 degrees 23 minutes West 337.7 feet along said Land Lot Line to an iron pin corner; thence North 45 degrees 07 minutes West 4O8.53 feet to an iron pin corner on the Southeasterly side of Baldwin Falls Road; thence along said Road the following courses and distances North 49 degrees 49 minutes East 115.9 feet, North 51 degrees 19 minutes East 169.6 feet, and North 21 degrees 43 minutes East 60.8 feet to the point of beginning, containing 3.38 acres, more or 1ess.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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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 CLARENCE BRUCE LEWALLEN and LINDA LEWALLEN CAUDELL to COMMUNITY BANK AND TRUST, dated February 26th, 2007, and recorded March 14th, 2007, in Deed Book 301, Pages 586-587 Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Clarence Bruce Lewallen and Linda Lewallen Caudell the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, and more fully described as follows:
BEGINNING at an iron pin corner on the South side of Williams Street with lands of Albert Newsome, formerly owned by James Smith; thence along Williams Street South 45° East 614.5 feet to corner with lands of Eugene Stewart, formerly W. L. Shore; thence South 47° 6’ West 861 feet to corner with lands of Ed Chapman, formerly owned by Charlie House; thence North 17° 35’ West 126 feet; thence North 3° 59’ East 236 feet; thence North 35° 22’ West 146 feet; thence North 34° 43’ West 168 feet; thence North 33° 47’ East; thence North 46° 7’ East 152 feet; thence North 52° 48’ East 225.1 feet to corner on Williams Street, the POINT OF BEGINNING. The tract herein conveyed contains 9.62 acres, more or less, and is known and distinguished as being Tract No. 1 according to the survey and plat of J. G. King, dated February 10, 1948, reference to which is hereby made for all purposes, including the location of certain unopened alleys.
TRACT II: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, known and distinguished as Lots Nos. 11, 12, 13 and 14, and 35, 36, 37 and 38 of Block 37 of the Town of Baldwin according to survey and plat of John A. Reynolds, which is recorded in the Office of the Clerk of the Superior Court of Habersham County, Georgia, and more fully described as follows:
BEGINNING at a stake corner with Lot No. 10 of said block now owned by the Henry Payne Estate on the North side of Williams Street; thence along Williams Street South 45° 39’ East Two Hundred (200) feet to corner; thence North 44° 30’ East Three Hundred (300) feet to corner on Chatham Street; thence along Chatham Street North 45° West Two Hundred (200) feet to corner with lands of the Henry Payne Estate; thence South 44° 30’ West Three Hundred (300) feet to corner on Williams Street, the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in The Town of Baldwin, Georgia, and being a part of Block #33, containing 3.16 acres and being more fully described in a Warranty Deed dated May 1972, from Adger Lewallen to Habersham County Board of Education, said deed being of record among the deed records of Habersham County, Georgia, in Deed Book 124, Page 677.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Clarence Bruce Lewallen and Linda Lewallen Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Clarence Bruce Lewallen and Linda Lewallen Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt 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 October, 2009, 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.
(SE9,16,23,30P4)
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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 JANET L. SIMS and RUFUS T. SIMS to NEW CENTURY MORTGAGE CORPORATION dated February 18, 2005, in the amount of $93,200.00, and recorded in Deed Book 37-V, Page 714, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Lot 19, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, Jackson County, Georgia Records, which recorded plat is incorporated herein for a more complete description of said property.
which has the property address of 304 Meadow Lark Way, 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 Janet L. Sims and Rufus T. Sims 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 Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 Attorney in Fact for Janet L. Sims and Rufus T. Sims
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21168 /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.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER and HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER and HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/16022-60T1P)
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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 NENG YANG and TONG VANG to WASHINGTON MUTUAL BANK, FA dated January 14, 2008, in the amount of $226,000.00, and recorded in Deed Book 319, Page 594, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210 District G.M. Banks County, Georgia as shown as a 7.496 acres tract on the plat of Federal Home Loan Mortgage Corporation prepared by William E. Whidden G.R.L.S. No. 2632 dated 11/7/2005 being more particularly described as follows:
Beginning at the intersection of Scales Creek Road and Wright Street and running thence North 15 degrees 42 minutes 40 seconds West for a distance of 245.89 feet to a point, said point being the true Point of Beginning, thence North 63 degrees 54 minutes 48 seconds West for a distance of 457.41 feet to a point, thence South 81 degrees 17 minutes 44 seconds West for a distance of 889.16 feet to a point, thence North 27 degrees 21 minutes 33 seconds East for a distance of 496.10 feet to a point, thence 20 degrees 30 minutes 00 seconds East for a distance of 124.90 feet, thence North 89 degrees 35 minutes 00 seconds East for a distance of 556.61 feet to a point, thence South 21 degrees 02 minutes 04 seconds East along the Southwesterly Right of Way of Scales Creek Road for a distance of 108.79 feet to a point, thence continuing along said Right of Way following a curve having an arc distance of 320.55 feet said arc being subtended by a chord of 4598.87 feet and having a bearing of South 21 degrees 41 minutes 29 seconds East for a distance of 320.49 feet to a point, said point being the true Point of Beginning.
Being the same property conveyed to Neng Yang and Tong Vang by deed from Federal Home Loan Mortgage Corporation recorded 09/07/2006 in Deed Book 288 Page 445, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
which has the property address of 863 Scales Creek Rd, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neng Yang and Tong Vang and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Neng Yang and Tong Vang
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21323 /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.
(SE9,16,23,30B/1325-70)
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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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, Banks County, Georgia Records, as last transferred to Saxon Mortgage Services, Inc. by assignment, the undersigned, Saxon Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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.
Saxon Mortgage Services, Inc. Attorney in Fact for Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DOUGLAS TOPOR and DORA TOPOR to AMERICAN HOME MORTGAGE ACCEPTANCE, INC., dated August 5, 2005, in the amount of $124,800.00, and recorded in Deed Book 265, Page 139, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, designated as Lot 14, Block B, Phase 2 of Buckeye Trails Subdivision as shown by plat and survey entitled Preliminary Plan for Phase 2 of Buckeye Trails Subdivision, prepared by Cornerstone Land Surveyors, Certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, Banks County, Georgia Records: which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
which has the property address of 162 Buckeye Trails Dr, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Douglas Topor and Dora Topor and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 Attorney in Fact for Douglas Topor and Dora Topor
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21011 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from CHRISTINE G. SCHMID to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for NEW CENTURY MORTGAGE CORPORATION, dated October 25, 2006, recorded November 3, 2006, in Deed Book 292, Pages 194-214, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($103,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates, Series 2007-HE2, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Banks County, Georgia, being known and designated as Lot 12, Oak Grove Estates Subdivision, and being more particularly described according to a plat of survey recorded in Plat Book A, Page 32, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 205, Page 1, said records.
The above described property is subject to restrictive covenants recorded in Deed Book 75, Page 703, Banks County Records, and reserved mineral rights recorded in Deed Book 29, Page 30, said records.
Said property is commonly known as 134 Grove Drive, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Christine G. Schmid, Christine G. Schmid, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2
as Attorney in Fact for CHRISTINE G. SCHMID
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-32136-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(SE9,16,23,30B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from GARNER FAMILY HOMES, INC. (“Grantor”) to HABERSHAM BANK (“Grantee”), dated June 28, 2007, filed and recorded July 6, 2007, in Deed Book 308, Page 644, Banks County, Georgia Records, as modified by that certain Modification Agreement dated August 27, 2008, filed and recorded September 4, 2008, in Deed Book 330, Page 512, aforesaid records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated August 27, 2008, from Grantor payable to Grantee in the original principal amount of ONE MILLION EIGHT HUNDRED FORTY THOUSAND SIX HUNDRED THIRTY TWO AND 87/100 DOLLARS ($1,840,632.87), 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 208th District G.M., of Banks County, Georgia, being that 2.219 acres, more or less, as more particularly shown on a plat of survey prepared for William D. Chandler & Helen C. Chandler by Max Lewallen, Registered Surveyor, dated May 7, 1986, recorded in Plat Book 12, Page 194, Banks County, Georgia Records, which plat is incorporated herein and made a part here of by reference.
LESS & EXCEPT: That 0.14 acres conveyed to the Georgia Department of Transportation by Deed recorded at Deed Book 46, Page 685, Banks County, Georgia Records.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. The debt 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 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 Deed, 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 is located at 40095-40103 U.S. Highway 441, Commerce, Banks County, Georgia, and the party in possession of the property is Garner Family Homes, Inc., or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Garner Family Homes, Inc.
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.
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MARTHA SIMMONS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AEGIS LENDING CORPORATION, dated February 23, 2007, recorded in Deed Book 301, Page 822, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2009 the following described property:
Martha Simmons
The land referred to in this commitment is situated in the State of GA, County of Banks and is described as follows:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, and being designated as Lot 10 on a plat of survey prepared for Ed Oak Farms by W.E. Lester, Registered Surveyor, dated March 25, 1987, recorded in Plat Book A, Page 31, 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.
Parcel No. B32B-002
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 affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Martha Simmons or a tenant or tenants, and said property is more commonly known as 120 Hardwood Court, 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Martha Simmons
Contact: Dionna Squires
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. F09.03.100
Ad Run Dates: 09/09/09, 09/16/09, 09/23/09, and 09/30/09
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)
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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 JENNIFER L. GASE and TOBY L. GASE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 15, 2004, in the amount of $73,588.00, and recorded in Deed Book 229, Page 754, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the GMD 284 of Banks County, Georgia, being designated as Tract One, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill, dated May 5, 1994, prepared by Russell N. Barlett, RLS, as per plat recorded in Plat Book 18, Page 230, Banks County, Georgia records, said plat is incorporated herein by reference for a more complete description.
which has the property address of 360 Boling Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jennifer L. Gase and Toby L. Gase and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Jennifer L. Gase and Toby L. Gase
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20475 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JEFFERY ALAN DAVIS to UNITED COMMUNITY BANK, dated August 25, 2003, recorded September 2, 2003, in Deed Book 221, Page 680, Banks County, Georgia records, as last modified by Modification of Security Deed dated November 30, 2008, recorded in Deed Book 334, Page 362, Banks County, Georgia records, said Security Deed being given to secure a Note from JEFFERY ALAN DAVIS dated November 30, 2008, in the original principal amount of FIFTY FOUR THOUSAND EIGHT HUNDRED TWENTY SIX AND 08/100 ($54,826.08) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being Tract 1 consisting of 0.57 acres, more or less, and Tract 2 consisting of 0.53 acres, more or less, as more particularly shown on a final plat of survey prepared for Timberlane Subdivision by Allen L. Venable, Jr. Registered Surveyor, dated July 4, 1988, revised March 2, 1989, recorded in Plat Book 14, Page 102, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Including a 1989 Southwind, Mobile Home, Model SH524, Vehicle Identification Number DSHAL13265AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JEFFERY ALAN DAVIS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JEFFERY ALAN DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01474
(SE9,16,23,30B/16022-50T1P)
[Full Story »]
Banks County Public Records 09-09-09
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 BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST, dated March 4th, 1988, and recorded March 10th, 1988, in Deed Book 47, Page 735 Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Bobby Joe Caudell the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, and being more particularly described according to plat of Survey made by J.G. King, Registered Surveyor, under date of November, 1972, copy of said Plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 4, Page 252, as fo1lows: BEGINNING at an iron pin corner at the point of intersection of the Southeasterly Side of Baldwin Falls Road with the Southwesterly side of Chatham Street; thence South 43 degrees 31 minutes East 492.9 feet along the Southwesterly side of Chatham Street to an iron pin corner on the original line between Land Lot Nos. 185 and 204; thence South 59 degrees 23 minutes West 337.7 feet along said Land Lot Line to an iron pin corner; thence North 45 degrees 07 minutes West 4O8.53 feet to an iron pin corner on the Southeasterly side of Baldwin Falls Road; thence along said Road the following courses and distances North 49 degrees 49 minutes East 115.9 feet, North 51 degrees 19 minutes East 169.6 feet, and North 21 degrees 43 minutes East 60.8 feet to the point of beginning, containing 3.38 acres, more or 1ess.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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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 CLARENCE BRUCE LEWALLEN and LINDA LEWALLEN CAUDELL to COMMUNITY BANK AND TRUST, dated February 26th, 2007, and recorded March 14th, 2007, in Deed Book 301, Pages 586-587 Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Clarence Bruce Lewallen and Linda Lewallen Caudell the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, and more fully described as follows:
BEGINNING at an iron pin corner on the South side of Williams Street with lands of Albert Newsome, formerly owned by James Smith; thence along Williams Street South 45° East 614.5 feet to corner with lands of Eugene Stewart, formerly W. L. Shore; thence South 47° 6’ West 861 feet to corner with lands of Ed Chapman, formerly owned by Charlie House; thence North 17° 35’ West 126 feet; thence North 3° 59’ East 236 feet; thence North 35° 22’ West 146 feet; thence North 34° 43’ West 168 feet; thence North 33° 47’ East; thence North 46° 7’ East 152 feet; thence North 52° 48’ East 225.1 feet to corner on Williams Street, the POINT OF BEGINNING. The tract herein conveyed contains 9.62 acres, more or less, and is known and distinguished as being Tract No. 1 according to the survey and plat of J. G. King, dated February 10, 1948, reference to which is hereby made for all purposes, including the location of certain unopened alleys.
TRACT II: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, known and distinguished as Lots Nos. 11, 12, 13 and 14, and 35, 36, 37 and 38 of Block 37 of the Town of Baldwin according to survey and plat of John A. Reynolds, which is recorded in the Office of the Clerk of the Superior Court of Habersham County, Georgia, and more fully described as follows:
BEGINNING at a stake corner with Lot No. 10 of said block now owned by the Henry Payne Estate on the North side of Williams Street; thence along Williams Street South 45° 39’ East Two Hundred (200) feet to corner; thence North 44° 30’ East Three Hundred (300) feet to corner on Chatham Street; thence along Chatham Street North 45° West Two Hundred (200) feet to corner with lands of the Henry Payne Estate; thence South 44° 30’ West Three Hundred (300) feet to corner on Williams Street, the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in The Town of Baldwin, Georgia, and being a part of Block #33, containing 3.16 acres and being more fully described in a Warranty Deed dated May 1972, from Adger Lewallen to Habersham County Board of Education, said deed being of record among the deed records of Habersham County, Georgia, in Deed Book 124, Page 677.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Clarence Bruce Lewallen and Linda Lewallen Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Clarence Bruce Lewallen and Linda Lewallen Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt 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 October, 2009, 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.
(SE9,16,23,30P4)
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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 JANET L. SIMS and RUFUS T. SIMS to NEW CENTURY MORTGAGE CORPORATION dated February 18, 2005, in the amount of $93,200.00, and recorded in Deed Book 37-V, Page 714, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Lot 19, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, Jackson County, Georgia Records, which recorded plat is incorporated herein for a more complete description of said property.
which has the property address of 304 Meadow Lark Way, 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 Janet L. Sims and Rufus T. Sims 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 Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 Attorney in Fact for Janet L. Sims and Rufus T. Sims
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21168 /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.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER and HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER and HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/16022-60T1P)
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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 NENG YANG and TONG VANG to WASHINGTON MUTUAL BANK, FA dated January 14, 2008, in the amount of $226,000.00, and recorded in Deed Book 319, Page 594, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210 District G.M. Banks County, Georgia as shown as a 7.496 acres tract on the plat of Federal Home Loan Mortgage Corporation prepared by William E. Whidden G.R.L.S. No. 2632 dated 11/7/2005 being more particularly described as follows:
Beginning at the intersection of Scales Creek Road and Wright Street and running thence North 15 degrees 42 minutes 40 seconds West for a distance of 245.89 feet to a point, said point being the true Point of Beginning, thence North 63 degrees 54 minutes 48 seconds West for a distance of 457.41 feet to a point, thence South 81 degrees 17 minutes 44 seconds West for a distance of 889.16 feet to a point, thence North 27 degrees 21 minutes 33 seconds East for a distance of 496.10 feet to a point, thence 20 degrees 30 minutes 00 seconds East for a distance of 124.90 feet, thence North 89 degrees 35 minutes 00 seconds East for a distance of 556.61 feet to a point, thence South 21 degrees 02 minutes 04 seconds East along the Southwesterly Right of Way of Scales Creek Road for a distance of 108.79 feet to a point, thence continuing along said Right of Way following a curve having an arc distance of 320.55 feet said arc being subtended by a chord of 4598.87 feet and having a bearing of South 21 degrees 41 minutes 29 seconds East for a distance of 320.49 feet to a point, said point being the true Point of Beginning.
Being the same property conveyed to Neng Yang and Tong Vang by deed from Federal Home Loan Mortgage Corporation recorded 09/07/2006 in Deed Book 288 Page 445, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
which has the property address of 863 Scales Creek Rd, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neng Yang and Tong Vang and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Neng Yang and Tong Vang
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21323 /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.
(SE9,16,23,30B/1325-70)
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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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, Banks County, Georgia Records, as last transferred to Saxon Mortgage Services, Inc. by assignment, the undersigned, Saxon Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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.
Saxon Mortgage Services, Inc. Attorney in Fact for Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DOUGLAS TOPOR and DORA TOPOR to AMERICAN HOME MORTGAGE ACCEPTANCE, INC., dated August 5, 2005, in the amount of $124,800.00, and recorded in Deed Book 265, Page 139, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, designated as Lot 14, Block B, Phase 2 of Buckeye Trails Subdivision as shown by plat and survey entitled Preliminary Plan for Phase 2 of Buckeye Trails Subdivision, prepared by Cornerstone Land Surveyors, Certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, Banks County, Georgia Records: which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
which has the property address of 162 Buckeye Trails Dr, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Douglas Topor and Dora Topor and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 Attorney in Fact for Douglas Topor and Dora Topor
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21011 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from CHRISTINE G. SCHMID to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for NEW CENTURY MORTGAGE CORPORATION, dated October 25, 2006, recorded November 3, 2006, in Deed Book 292, Pages 194-214, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($103,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates, Series 2007-HE2, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Banks County, Georgia, being known and designated as Lot 12, Oak Grove Estates Subdivision, and being more particularly described according to a plat of survey recorded in Plat Book A, Page 32, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 205, Page 1, said records.
The above described property is subject to restrictive covenants recorded in Deed Book 75, Page 703, Banks County Records, and reserved mineral rights recorded in Deed Book 29, Page 30, said records.
Said property is commonly known as 134 Grove Drive, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Christine G. Schmid, Christine G. Schmid, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2
as Attorney in Fact for CHRISTINE G. SCHMID
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-32136-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(SE9,16,23,30B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from GARNER FAMILY HOMES, INC. (“Grantor”) to HABERSHAM BANK (“Grantee”), dated June 28, 2007, filed and recorded July 6, 2007, in Deed Book 308, Page 644, Banks County, Georgia Records, as modified by that certain Modification Agreement dated August 27, 2008, filed and recorded September 4, 2008, in Deed Book 330, Page 512, aforesaid records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated August 27, 2008, from Grantor payable to Grantee in the original principal amount of ONE MILLION EIGHT HUNDRED FORTY THOUSAND SIX HUNDRED THIRTY TWO AND 87/100 DOLLARS ($1,840,632.87), 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 208th District G.M., of Banks County, Georgia, being that 2.219 acres, more or less, as more particularly shown on a plat of survey prepared for William D. Chandler & Helen C. Chandler by Max Lewallen, Registered Surveyor, dated May 7, 1986, recorded in Plat Book 12, Page 194, Banks County, Georgia Records, which plat is incorporated herein and made a part here of by reference.
LESS & EXCEPT: That 0.14 acres conveyed to the Georgia Department of Transportation by Deed recorded at Deed Book 46, Page 685, Banks County, Georgia Records.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. The debt 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 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 Deed, 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 is located at 40095-40103 U.S. Highway 441, Commerce, Banks County, Georgia, and the party in possession of the property is Garner Family Homes, Inc., or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Garner Family Homes, Inc.
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.
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., 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 October, 2009 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
(SE9,16,23,30B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MARTHA SIMMONS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AEGIS LENDING CORPORATION, dated February 23, 2007, recorded in Deed Book 301, Page 822, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2009 the following described property:
Martha Simmons
The land referred to in this commitment is situated in the State of GA, County of Banks and is described as follows:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, and being designated as Lot 10 on a plat of survey prepared for Ed Oak Farms by W.E. Lester, Registered Surveyor, dated March 25, 1987, recorded in Plat Book A, Page 31, 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.
Parcel No. B32B-002
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 affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Martha Simmons or a tenant or tenants, and said property is more commonly known as 120 Hardwood Court, 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Martha Simmons
Contact: Dionna Squires
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. F09.03.100
Ad Run Dates: 09/09/09, 09/16/09, 09/23/09, and 09/30/09
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)
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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 JENNIFER L. GASE and TOBY L. GASE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 15, 2004, in the amount of $73,588.00, and recorded in Deed Book 229, Page 754, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the GMD 284 of Banks County, Georgia, being designated as Tract One, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill, dated May 5, 1994, prepared by Russell N. Barlett, RLS, as per plat recorded in Plat Book 18, Page 230, Banks County, Georgia records, said plat is incorporated herein by reference for a more complete description.
which has the property address of 360 Boling Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jennifer L. Gase and Toby L. Gase and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Jennifer L. Gase and Toby L. Gase
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20475 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JEFFERY ALAN DAVIS to UNITED COMMUNITY BANK, dated August 25, 2003, recorded September 2, 2003, in Deed Book 221, Page 680, Banks County, Georgia records, as last modified by Modification of Security Deed dated November 30, 2008, recorded in Deed Book 334, Page 362, Banks County, Georgia records, said Security Deed being given to secure a Note from JEFFERY ALAN DAVIS dated November 30, 2008, in the original principal amount of FIFTY FOUR THOUSAND EIGHT HUNDRED TWENTY SIX AND 08/100 ($54,826.08) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being Tract 1 consisting of 0.57 acres, more or less, and Tract 2 consisting of 0.53 acres, more or less, as more particularly shown on a final plat of survey prepared for Timberlane Subdivision by Allen L. Venable, Jr. Registered Surveyor, dated July 4, 1988, revised March 2, 1989, recorded in Plat Book 14, Page 102, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Including a 1989 Southwind, Mobile Home, Model SH524, Vehicle Identification Number DSHAL13265AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JEFFERY ALAN DAVIS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JEFFERY ALAN DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01474
(SE9,16,23,30B/16022-50T1P)
[Full Story »]
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 BOBBY JOE CAUDELL to COMMUNITY BANK AND TRUST, dated March 4th, 1988, and recorded March 10th, 1988, in Deed Book 47, Page 735 Banks County, Georgia Deed records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Bobby Joe Caudell the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, and being more particularly described according to plat of Survey made by J.G. King, Registered Surveyor, under date of November, 1972, copy of said Plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 4, Page 252, as fo1lows: BEGINNING at an iron pin corner at the point of intersection of the Southeasterly Side of Baldwin Falls Road with the Southwesterly side of Chatham Street; thence South 43 degrees 31 minutes East 492.9 feet along the Southwesterly side of Chatham Street to an iron pin corner on the original line between Land Lot Nos. 185 and 204; thence South 59 degrees 23 minutes West 337.7 feet along said Land Lot Line to an iron pin corner; thence North 45 degrees 07 minutes West 4O8.53 feet to an iron pin corner on the Southeasterly side of Baldwin Falls Road; thence along said Road the following courses and distances North 49 degrees 49 minutes East 115.9 feet, North 51 degrees 19 minutes East 169.6 feet, and North 21 degrees 43 minutes East 60.8 feet to the point of beginning, containing 3.38 acres, more or 1ess.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Bobby Joe Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Bobby Joe Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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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 CLARENCE BRUCE LEWALLEN and LINDA LEWALLEN CAUDELL to COMMUNITY BANK AND TRUST, dated February 26th, 2007, and recorded March 14th, 2007, in Deed Book 301, Pages 586-587 Banks County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2009, by Community Bank and Trust as Attorney-in-Fact for Clarence Bruce Lewallen and Linda Lewallen Caudell the following described property:
TRACT I: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, and more fully described as follows:
BEGINNING at an iron pin corner on the South side of Williams Street with lands of Albert Newsome, formerly owned by James Smith; thence along Williams Street South 45° East 614.5 feet to corner with lands of Eugene Stewart, formerly W. L. Shore; thence South 47° 6’ West 861 feet to corner with lands of Ed Chapman, formerly owned by Charlie House; thence North 17° 35’ West 126 feet; thence North 3° 59’ East 236 feet; thence North 35° 22’ West 146 feet; thence North 34° 43’ West 168 feet; thence North 33° 47’ East; thence North 46° 7’ East 152 feet; thence North 52° 48’ East 225.1 feet to corner on Williams Street, the POINT OF BEGINNING. The tract herein conveyed contains 9.62 acres, more or less, and is known and distinguished as being Tract No. 1 according to the survey and plat of J. G. King, dated February 10, 1948, reference to which is hereby made for all purposes, including the location of certain unopened alleys.
TRACT II: All that tract or parcel of land lying and being in Land Lot No. 185 of the 10th Land District of Banks County, Georgia, known and distinguished as Lots Nos. 11, 12, 13 and 14, and 35, 36, 37 and 38 of Block 37 of the Town of Baldwin according to survey and plat of John A. Reynolds, which is recorded in the Office of the Clerk of the Superior Court of Habersham County, Georgia, and more fully described as follows:
BEGINNING at a stake corner with Lot No. 10 of said block now owned by the Henry Payne Estate on the North side of Williams Street; thence along Williams Street South 45° 39’ East Two Hundred (200) feet to corner; thence North 44° 30’ East Three Hundred (300) feet to corner on Chatham Street; thence along Chatham Street North 45° West Two Hundred (200) feet to corner with lands of the Henry Payne Estate; thence South 44° 30’ West Three Hundred (300) feet to corner on Williams Street, the POINT OF BEGINNING.
LESS AND EXCEPT: All that tract or parcel of land lying and being in The Town of Baldwin, Georgia, and being a part of Block #33, containing 3.16 acres and being more fully described in a Warranty Deed dated May 1972, from Adger Lewallen to Habersham County Board of Education, said deed being of record among the deed records of Habersham County, Georgia, in Deed Book 124, Page 677.
Subject to all covenants, conditions, restrictions, easements, reservations and rights of way of record, if any.
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.
To the best of the undersigned’s knowledge and belief, the party in possession is Clarence Bruce Lewallen and Linda Lewallen Caudell.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Community Bank and Trust as Attorney-in-fact for Clarence Bruce Lewallen and Linda Lewallen Caudell.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Law Office of Chad Knott, LLLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt 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 October, 2009, 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.
(SE9,16,23,30P4)
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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 JANET L. SIMS and RUFUS T. SIMS to NEW CENTURY MORTGAGE CORPORATION dated February 18, 2005, in the amount of $93,200.00, and recorded in Deed Book 37-V, Page 714, Banks County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 by assignment, the undersigned, Deutsche Bank National Trust Company, as Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in GMD 257, Jackson County, Georgia, being Lot 19, Phase II, Hidden Meadows Subdivision, which plat is recorded in Jackson County Plat Records at Plat Book 55, Page 246, Jackson County, Georgia Records, which recorded plat is incorporated herein for a more complete description of said property.
which has the property address of 304 Meadow Lark Way, 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 Janet L. Sims and Rufus T. Sims 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 Indenture Trustee, for New Century Home Equity Loan Trust Series 2005-2 Attorney in Fact for Janet L. Sims and Rufus T. Sims
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21168 /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.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from PAMELA ANN FOSTER and HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia Records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER and HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of ONE HUNDRED THREE THOUSAND EIGHT HUNDRED SIXTY THREE AND 28/100 ($103,863.28) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/16022-60T1P)
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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 NENG YANG and TONG VANG to WASHINGTON MUTUAL BANK, FA dated January 14, 2008, in the amount of $226,000.00, and recorded in Deed Book 319, Page 594, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1210 District G.M. Banks County, Georgia as shown as a 7.496 acres tract on the plat of Federal Home Loan Mortgage Corporation prepared by William E. Whidden G.R.L.S. No. 2632 dated 11/7/2005 being more particularly described as follows:
Beginning at the intersection of Scales Creek Road and Wright Street and running thence North 15 degrees 42 minutes 40 seconds West for a distance of 245.89 feet to a point, said point being the true Point of Beginning, thence North 63 degrees 54 minutes 48 seconds West for a distance of 457.41 feet to a point, thence South 81 degrees 17 minutes 44 seconds West for a distance of 889.16 feet to a point, thence North 27 degrees 21 minutes 33 seconds East for a distance of 496.10 feet to a point, thence 20 degrees 30 minutes 00 seconds East for a distance of 124.90 feet, thence North 89 degrees 35 minutes 00 seconds East for a distance of 556.61 feet to a point, thence South 21 degrees 02 minutes 04 seconds East along the Southwesterly Right of Way of Scales Creek Road for a distance of 108.79 feet to a point, thence continuing along said Right of Way following a curve having an arc distance of 320.55 feet said arc being subtended by a chord of 4598.87 feet and having a bearing of South 21 degrees 41 minutes 29 seconds East for a distance of 320.49 feet to a point, said point being the true Point of Beginning.
Being the same property conveyed to Neng Yang and Tong Vang by deed from Federal Home Loan Mortgage Corporation recorded 09/07/2006 in Deed Book 288 Page 445, in the Office of the Clerk of the Superior Court of Banks County, Georgia.
which has the property address of 863 Scales Creek Rd, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neng Yang and Tong Vang and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Neng Yang and Tong Vang
Anthony DeMarlo, Attorney/jauman
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21323 /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.
(SE9,16,23,30B/1325-70)
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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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, Banks County, Georgia Records, as last transferred to Saxon Mortgage Services, Inc. by assignment, the undersigned, Saxon Mortgage Services, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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.
Saxon Mortgage Services, Inc. Attorney in Fact for Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by DOUGLAS TOPOR and DORA TOPOR to AMERICAN HOME MORTGAGE ACCEPTANCE, INC., dated August 5, 2005, in the amount of $124,800.00, and recorded in Deed Book 265, Page 139, Banks County, Georgia Records, as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 by assignment, the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 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 October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, designated as Lot 14, Block B, Phase 2 of Buckeye Trails Subdivision as shown by plat and survey entitled Preliminary Plan for Phase 2 of Buckeye Trails Subdivision, prepared by Cornerstone Land Surveyors, Certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, Banks County, Georgia Records: which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
which has the property address of 162 Buckeye Trails Dr, Commerce, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Douglas Topor and Dora Topor and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2005RS9 Attorney in Fact for Douglas Topor and Dora Topor
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-21011 /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.
(SE9,16,23,30B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from CHRISTINE G. SCHMID to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for NEW CENTURY MORTGAGE CORPORATION, dated October 25, 2006, recorded November 3, 2006, in Deed Book 292, Pages 194-214, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED THREE THOUSAND TWO HUNDRED AND 00/100 DOLLARS ($103,200.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Deutsche Bank National Trust Company As Trustee For Morgan Stanley ABS Capital I Inc. Trust 2007-HE2 Mortgage Pass-Through Certificates, Series 2007-HE2, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 465th GMD, Banks County, Georgia, being known and designated as Lot 12, Oak Grove Estates Subdivision, and being more particularly described according to a plat of survey recorded in Plat Book A, Page 32, Banks County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 205, Page 1, said records.
The above described property is subject to restrictive covenants recorded in Deed Book 75, Page 703, Banks County Records, and reserved mineral rights recorded in Deed Book 29, Page 30, said records.
Said property is commonly known as 134 Grove Drive, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Christine G. Schmid, Christine G. Schmid, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-HE2
as Attorney in Fact for CHRISTINE G. SCHMID
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-32136-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(SE9,16,23,30B/18915-70)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in that certain Real Estate Deed to Secure Debt from GARNER FAMILY HOMES, INC. (“Grantor”) to HABERSHAM BANK (“Grantee”), dated June 28, 2007, filed and recorded July 6, 2007, in Deed Book 308, Page 644, Banks County, Georgia Records, as modified by that certain Modification Agreement dated August 27, 2008, filed and recorded September 4, 2008, in Deed Book 330, Page 512, aforesaid records (the “Security Deed”), conveying the after-described property to secure that certain Universal Note and Security Agreement dated August 27, 2008, from Grantor payable to Grantee in the original principal amount of ONE MILLION EIGHT HUNDRED FORTY THOUSAND SIX HUNDRED THIRTY TWO AND 87/100 DOLLARS ($1,840,632.87), 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 208th District G.M., of Banks County, Georgia, being that 2.219 acres, more or less, as more particularly shown on a plat of survey prepared for William D. Chandler & Helen C. Chandler by Max Lewallen, Registered Surveyor, dated May 7, 1986, recorded in Plat Book 12, Page 194, Banks County, Georgia Records, which plat is incorporated herein and made a part here of by reference.
LESS & EXCEPT: That 0.14 acres conveyed to the Georgia Department of Transportation by Deed recorded at Deed Book 46, Page 685, Banks County, Georgia Records.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Notes. The debt 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 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 Deed, 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 is located at 40095-40103 U.S. Highway 441, Commerce, Banks County, Georgia, and the party in possession of the property is Garner Family Homes, Inc., or its tenant or tenants.
HABERSHAM BANK, as Attorney-in-Fact for Garner Family Homes, Inc.
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.
(SE9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from OSCAR LEE PETE ELLIS, III and HEATHER LYNN ELLIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $168,500.00 dated 01/05/2008, and recorded in Deed Book 319, Page 201, Banks County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., 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 October, 2009 by CitiMortgage, Inc., as Attorney-in-Fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis the following described property:
All that tract or parcel of land lying and being in 912 GMD of Banks County, Georgia, containing 4.00 acres, more or less, as shown on plat of survey prepared by Richard H. Holcomb, RS, dated June 30, 2005, revised July 16, 2005, said plat being of record among Banks County, Georgia Records in Plat Book 29, Page 163, the same being incorporated herein for a more full and adequate description.
Also conveyed is a perpetual, non-exclusive, right of ingress and egress over and through a 20’ easement from Jack Drive to the above described property.
Property known as: 148 Elk Drive, Lula, GA 30554
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
CitiMortgage, Inc., as Attorney-in-fact for Oscar Lee Pete Ellis, III and Heather Lynn Ellis.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
(SE9,16,23,30B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MARTHA SIMMONS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AEGIS LENDING CORPORATION, dated February 23, 2007, recorded in Deed Book 301, Page 822, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of ONE HUNDRED TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($125,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2009 the following described property:
Martha Simmons
The land referred to in this commitment is situated in the State of GA, County of Banks and is described as follows:
All that tract or parcel of land lying and being in the 465th District, G.M. Banks County, Georgia, and being designated as Lot 10 on a plat of survey prepared for Ed Oak Farms by W.E. Lester, Registered Surveyor, dated March 25, 1987, recorded in Plat Book A, Page 31, 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.
Parcel No. B32B-002
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 affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best knowledge and belief of the undersigned, the party in possession of the property is Martha Simmons or a tenant or tenants, and said property is more commonly known as 120 Hardwood Court, 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Martha Simmons
Contact: Dionna Squires
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta, GA 30303
(404) 681-5826
File No. F09.03.100
Ad Run Dates: 09/09/09, 09/16/09, 09/23/09, and 09/30/09
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30P4)
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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 JENNIFER L. GASE and TOBY L. GASE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 15, 2004, in the amount of $73,588.00, and recorded in Deed Book 229, Page 754, Banks County, Georgia Records, as last transferred to CitiMortgage, Inc. by assignment, the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in October, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the GMD 284 of Banks County, Georgia, being designated as Tract One, containing 1.02 acres, as shown on that certain survey for Sylvia Merrill, dated May 5, 1994, prepared by Russell N. Barlett, RLS, as per plat recorded in Plat Book 18, Page 230, Banks County, Georgia records, said plat is incorporated herein by reference for a more complete description.
which has the property address of 360 Boling Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Jennifer L. Gase and Toby L. Gase and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Jennifer L. Gase and Toby L. Gase
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-20475 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE9,16,23,30B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JEFFERY ALAN DAVIS to UNITED COMMUNITY BANK, dated August 25, 2003, recorded September 2, 2003, in Deed Book 221, Page 680, Banks County, Georgia records, as last modified by Modification of Security Deed dated November 30, 2008, recorded in Deed Book 334, Page 362, Banks County, Georgia records, said Security Deed being given to secure a Note from JEFFERY ALAN DAVIS dated November 30, 2008, in the original principal amount of FIFTY FOUR THOUSAND EIGHT HUNDRED TWENTY SIX AND 08/100 ($54,826.08) 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 October, 2009, the following described property:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being Tract 1 consisting of 0.57 acres, more or less, and Tract 2 consisting of 0.53 acres, more or less, as more particularly shown on a final plat of survey prepared for Timberlane Subdivision by Allen L. Venable, Jr. Registered Surveyor, dated July 4, 1988, revised March 2, 1989, recorded in Plat Book 14, Page 102, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Including a 1989 Southwind, Mobile Home, Model SH524, Vehicle Identification Number DSHAL13265AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 JEFFERY ALAN DAVIS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JEFFERY ALAN DAVIS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01474
(SE9,16,23,30B/16022-50T1P)
[Full Story »]
Banks County Public Records 09-02-09
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Advertisement for Bids
Banks County
Federal Project No. CSSTP-M003-00 (863)
Sealed proposals for furnishing all labor, material, equipment and other things necessary for the following work will be received by the undersigned at the Department of Transportation, One Georgia Center, 600 West Peachtree St., NW, Atlanta, Georgia, 30308, until 11:00 a.m., September 18, 2009 and publicly opened.
Bridge deck joint seal rehabilitation at various locations on US 441/SR 15 (Homer Bypass).
(E)
Contract Time: 06/30/10; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: $ included in proposal; DBE: 0.00
Plans and specifications may be inspected at the District Office as indicated. Copies of the standard specifications ($20.00), the proposal form ($10.00), may be obtained from the State Transportation Office Engineer at One Georgia Center, 600 West Peachtree St., NW, in Atlanta, telephone number (404) 631-1215. Plans are available as indicated. Payment of the correct amount must be made within 30 days of billing; such payments are not refundable.
Payment will be made to the contractor each calendar month based on the estimated work complete in place as prescribed by the standard specifications.
The state reserves the right to reject any or all bids.
Vance C. Smith, Jr., Commissioner
Department of Transportation
(SE2,9B/271PM2286-30T2)
[Full Story »]
Advertisement for Bids
Banks County
Federal Project No. CSSTP-M003-00 (863)
Sealed proposals for furnishing all labor, material, equipment and other things necessary for the following work will be received by the undersigned at the Department of Transportation, One Georgia Center, 600 West Peachtree St., NW, Atlanta, Georgia, 30308, until 11:00 a.m., September 18, 2009 and publicly opened.
Bridge deck joint seal rehabilitation at various locations on US 441/SR 15 (Homer Bypass).
(E)
Contract Time: 06/30/10; Proposal Guaranty: 5%; District Office: Gainesville; Price of Plans: $ included in proposal; DBE: 0.00
Plans and specifications may be inspected at the District Office as indicated. Copies of the standard specifications ($20.00), the proposal form ($10.00), may be obtained from the State Transportation Office Engineer at One Georgia Center, 600 West Peachtree St., NW, in Atlanta, telephone number (404) 631-1215. Plans are available as indicated. Payment of the correct amount must be made within 30 days of billing; such payments are not refundable.
Payment will be made to the contractor each calendar month based on the estimated work complete in place as prescribed by the standard specifications.
The state reserves the right to reject any or all bids.
Vance C. Smith, Jr., Commissioner
Department of Transportation
(SE2,9B/271PM2286-30T2)
[Full Story »]
Banks County Public Records 08-26-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, Jennifer R. Matheny Hughes, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)
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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 528, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 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 to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 and Gregory Fears a.k.a Gregory K. 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/ras 9/1/09
Our file no. 52017309-FT7
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.
(AU5,12,19,26B/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 a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), 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.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)
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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, 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 September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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 Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(AU5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)
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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)
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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 JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)
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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 PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, in the Office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from KST CUSTOM HOMES, LLC to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated October 20, 2006 and recorded on October 24, 2006, in Deed Book 291, Pages 248-250, records of Banks County, Georgia. This Security Deed secures a Note dated January 16, 2009 in the original principal amount of $487,013.28, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 27 on a plat of survey prepared for Hammer’s Glen “The Reserve” Subdivision by Lovell, Duvall, Miller & Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
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.
Said property will be sold as the property of KST Custom Homes, LLC 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 KST Custom Homes, LLC.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for:
KST Custom Homes, LLC
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
(AU5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from RICHEY HOMES, LLC to QUANTUM NATIONAL BANK, dated August 1, 2008, and filed August 19, 2008, in Deed Book 330, beginning at Page 8, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in September, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 912 of Banks County, Georgia, being Lot 93, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said Deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorneys’ fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Richey Homes, LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorneys’ fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and Deed.
The property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, and other restrictions and easements of record, if any.
QUANTUM NATIONAL BANK Attorney in Fact for Richey Homes, LLC
Brian Edwards
WEBB, TANNER, POWELL, MERTZ & WILSON, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(AU5,12,19,26B/329-40P1)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, Jennifer R. Matheny Hughes, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)
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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 528, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 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 to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 and Gregory Fears a.k.a Gregory K. 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/ras 9/1/09
Our file no. 52017309-FT7
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.
(AU5,12,19,26B/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 a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), 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.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)
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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, 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 September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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 Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(AU5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)
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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)
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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 JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)
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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 PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, in the Office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from KST CUSTOM HOMES, LLC to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated October 20, 2006 and recorded on October 24, 2006, in Deed Book 291, Pages 248-250, records of Banks County, Georgia. This Security Deed secures a Note dated January 16, 2009 in the original principal amount of $487,013.28, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 27 on a plat of survey prepared for Hammer’s Glen “The Reserve” Subdivision by Lovell, Duvall, Miller & Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
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.
Said property will be sold as the property of KST Custom Homes, LLC 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 KST Custom Homes, LLC.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for:
KST Custom Homes, LLC
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
(AU5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from RICHEY HOMES, LLC to QUANTUM NATIONAL BANK, dated August 1, 2008, and filed August 19, 2008, in Deed Book 330, beginning at Page 8, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in September, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 912 of Banks County, Georgia, being Lot 93, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said Deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorneys’ fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Richey Homes, LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorneys’ fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and Deed.
The property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, and other restrictions and easements of record, if any.
QUANTUM NATIONAL BANK Attorney in Fact for Richey Homes, LLC
Brian Edwards
WEBB, TANNER, POWELL, MERTZ & WILSON, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(AU5,12,19,26B/329-40P1)
[Full Story »]
Banks County Public Records 08-19-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, Jennifer R. Matheny Hughes, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)
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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 28, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 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 to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 and Gregory Fears a.k.a Gregory K. 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/ras 9/1/09
Our file no. 52017309-FT7
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.
(AU5,12,19,26B/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 a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), 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.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)
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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, 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 September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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 Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(AU5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)
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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)
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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 JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)
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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 PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, in the Office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from KST CUSTOM HOMES, LLC to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated October 20, 2006 and recorded on October 24, 2006, in Deed Book 291, Pages 248-250, records of Banks County, Georgia. This Security Deed secures a Note dated January 16, 2009 in the original principal amount of $487,013.28, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 27 on a plat of survey prepared for Hammer’s Glen “The Reserve” Subdivision by Lovell, Duvall, Miller & Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
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.
Said property will be sold as the property of KST Custom Homes, LLC 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 KST Custom Homes, LLC.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for:
KST Custom Homes, LLC
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
(AU5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from RICHEY HOMES, LLC to QUANTUM NATIONAL BANK, dated August 1, 2008, and filed August 19, 2008, in Deed Book 330, beginning at Page 8, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in September, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 912 of Banks County, Georgia, being Lot 93, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said Deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorneys’ fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Richey Homes, LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorneys’ fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and Deed.
The property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, and other restrictions and easements of record, if any.
QUANTUM NATIONAL BANK Attorney in Fact for Richey Homes, LLC
Brian Edwards
WEBB, TANNER, POWELL, MERTZ & WILSON, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(AU5,12,19,26B/329-40P1)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, Jennifer R. Matheny Hughes, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)
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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 28, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 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 to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 and Gregory Fears a.k.a Gregory K. 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/ras 9/1/09
Our file no. 52017309-FT7
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.
(AU5,12,19,26B/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 a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), 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.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)
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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, 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 September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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 Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(AU5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)
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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)
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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 JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)
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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 PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, in the Office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from KST CUSTOM HOMES, LLC to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated October 20, 2006 and recorded on October 24, 2006, in Deed Book 291, Pages 248-250, records of Banks County, Georgia. This Security Deed secures a Note dated January 16, 2009 in the original principal amount of $487,013.28, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 27 on a plat of survey prepared for Hammer’s Glen “The Reserve” Subdivision by Lovell, Duvall, Miller & Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
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.
Said property will be sold as the property of KST Custom Homes, LLC 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 KST Custom Homes, LLC.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for:
KST Custom Homes, LLC
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
(AU5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from RICHEY HOMES, LLC to QUANTUM NATIONAL BANK, dated August 1, 2008, and filed August 19, 2008, in Deed Book 330, beginning at Page 8, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in September, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 912 of Banks County, Georgia, being Lot 93, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said Deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorneys’ fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Richey Homes, LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorneys’ fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and Deed.
The property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, and other restrictions and easements of record, if any.
QUANTUM NATIONAL BANK Attorney in Fact for Richey Homes, LLC
Brian Edwards
WEBB, TANNER, POWELL, MERTZ & WILSON, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(AU5,12,19,26B/329-40P1)
[Full Story »]
Banks County Public Records 08-12-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, Jennifer R. Matheny Hughes, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)
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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 28, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 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 Federal Home Loan Mortgage Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 and Gregory Fears a.k.a Gregory K. 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.
Federal Home Loan Mortgage Corporation 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/ras 9/1/09
Our file no. 52017309-FT7
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.
(AU5,12,19,26B/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 a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), 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.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)
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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, 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 September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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 Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(AU5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)
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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)
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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 JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)
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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 PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, in the Office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from KST CUSTOM HOMES, LLC to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated October 20, 2006 and recorded on October 24, 2006, in Deed Book 291, Pages 248-250, records of Banks County, Georgia. This Security Deed secures a Note dated January 16, 2009 in the original principal amount of $487,013.28, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 27 on a plat of survey prepared for Hammer’s Glen “The Reserve” Subdivision by Lovell, Duvall, Miller & Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
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.
Said property will be sold as the property of KST Custom Homes, LLC 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 KST Custom Homes, LLC.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for:
KST Custom Homes, LLC
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
(AU5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from RICHEY HOMES, LLC to QUANTUM NATIONAL BANK, dated August 1, 2008, and filed August 19, 2008, in Deed Book 330, beginning at Page 8, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in September, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 912 of Banks County, Georgia, being Lot 93, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said Deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorneys’ fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Richey Homes, LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorneys’ fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and Deed.
The property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, and other restrictions and easements of record, if any.
QUANTUM NATIONAL BANK Attorney in Fact for Richey Homes, LLC
Brian Edwards
WEBB, TANNER, POWELL, MERTZ & WILSON, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(AU5,12,19,26B/329-40P1)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Construction Deed to Secure Debt and Security Agreement from T. BOLEMAN COMPANY, LLC to QUANTUM NATIONAL BANK, dated May 21, 2008, and filed May 27, 2008, in Deed Book 326, beginning at Page 223, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours [Full Story »]
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, Jennifer R. Matheny Hughes, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)
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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 28, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 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 Federal Home Loan Mortgage Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 and Gregory Fears a.k.a Gregory K. 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.
Federal Home Loan Mortgage Corporation 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/ras 9/1/09
Our file no. 52017309-FT7
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.
(AU5,12,19,26B/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 a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), 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.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)
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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, 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 September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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 Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(AU5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)
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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)
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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 JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)
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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 PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, in the Office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from KST CUSTOM HOMES, LLC to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated October 20, 2006 and recorded on October 24, 2006, in Deed Book 291, Pages 248-250, records of Banks County, Georgia. This Security Deed secures a Note dated January 16, 2009 in the original principal amount of $487,013.28, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 27 on a plat of survey prepared for Hammer’s Glen “The Reserve” Subdivision by Lovell, Duvall, Miller & Associates, Inc., Registered Surveyor, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
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.
Said property will be sold as the property of KST Custom Homes, LLC 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 KST Custom Homes, LLC.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for:
KST Custom Homes, LLC
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
(AU5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and Security Agreement from RICHEY HOMES, LLC to QUANTUM NATIONAL BANK, dated August 1, 2008, and filed August 19, 2008, in Deed Book 330, beginning at Page 8, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours of sale on the First Tuesday in September, 2009, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 912 of Banks County, Georgia, being Lot 93, Waterford Glen Subdivision, as per plat recorded in Plat Book G, Pages 39-44, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
The aforesaid Deed secures any other or future indebtedness of the Grantor therein specified, including any renewal thereof.
The indebtedness secured by said Deed has been declared due and payable by reason of default under the provisions of said Deed and the terms of the note or notes secured thereby, and sale will be made for the purpose of applying the proceeds thereof toward expenses of sale, including attorneys’ fees, payment of the indebtedness and interest thereon, and any balance remaining shall be applied as provided by law.
The property will be sold as the property of Richey Homes, LLC, who to the best of the undersigned’s knowledge and belief, is the party in possession of the property.
Notice has been given of intention to enforce provisions for collection of attorneys’ fees and expenses of foreclosure in accordance with legal requirements and the terms of the above note and Deed.
The property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, and other restrictions and easements of record, if any.
QUANTUM NATIONAL BANK Attorney in Fact for Richey Homes, LLC
Brian Edwards
WEBB, TANNER, POWELL, MERTZ & WILSON, LLP
Attorney at Law
P. O. Box 1390
Lawrenceville, GA 30046-1390
(770) 963-3423
(AU5,12,19,26B/329-40P1)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Banks County
By virtue of the power of sale contained in a Construction Deed to Secure Debt and Security Agreement from T. BOLEMAN COMPANY, LLC to QUANTUM NATIONAL BANK, dated May 21, 2008, and filed May 27, 2008, in Deed Book 326, beginning at Page 223, in the Records of the Clerk of Superior Court, Banks County, Georgia; there will be offered for sale at public outcry to the highest bidder for cash before the Courthouse door of said County during the legal hours [Full Story »]
Banks County Public Records 08-05-09
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)
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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 28, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 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 to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is 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/sl6 9/1/09
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
(AU5,12,19,26B/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 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 Federal Home Loan Mortgage Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 and Gregory Fears a.k.a Gregory K. 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.
Federal Home Loan Mortgage Corporation 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/ras 9/1/09
Our file no. 52017309-FT7
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.
(AU5,12,19,26B/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 a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), 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.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)
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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, 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 September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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 Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(AU5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)
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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)
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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 JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)
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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 PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, in the Office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)
[Full Story »]
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from RANDALL LEE MATHENY to OCEANS FUNDING COMPANY, INC., dated May 6, 2002, recorded June 14, 2002, in Deed Book 194, Page 70, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Two Hundred Seventy-Five Thousand Four Hundred and 00/100 dollars ($275,400.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Beal Service Corporation, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in Banks County, Georgia, and in GMD 912, and being thereof shown as “Tract I, 13.00 acres” on a plat of survey by Slate Bauknight, GRLS No. 2534, dated April 29, 2002, which plat is recorded in Plat Book D, Page 60, in the Office of the Clerk of the Superior Court of said county. Said plat is incorporated herein and made a part hereof.
Said property is commonly known as 128 Forrester Road, Maysville, GA 30558.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys` fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Randall Lee Matheny, or tenants(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
BEAL SERVICE CORPORATION as Attorney in Fact for RANDALL LEE MATHENY
Lender Contact: BAC, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact: Rubin Lublin Suarez Serrano, LLC, 3740 Davinci Court, Suite 100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-5309
CASE NO. BAC-09-31235-1
WWW.RUBINLUBLIN.COM/PROPERTY-LISTINGS.PHP
(AU5,12,19,26B/18915-60)
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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 WILLIAM M. EDWARDS, JR. to WELLS FARGO HOME MORTGAGE, INC., dated March 13, 2003, recorded in Deed Book 210, Page 515, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA sbm Wells Fargo Home 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 SEVENTY-ONE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($71,100.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William M. Edwards, Jr. and Elizabeth S. Edwards or a tenant or tenants and said property is more commonly known as 340 Loggins Road, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for William M. Edwards, Jr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ras 9/1/09
Our file no. 51858709-FT7
EXHIBIT A
that tract or parcel of land lying and being in the 465th GMD of Banks County, Georgia, being designated as Lot 10A containing 3.00 acres, more or less, as shown on a Plat of survey for Eugene Montgomery dated February 5, 1986, revised April 24, 1986, further revised April 7, 1989, and recorded in Plat Book 14, Page 129, Banks County Records; said Plat being incorporated herein by reference for a more complete description of the property.
Subject to a non-exclusive right of ingress and egress along the property designated as a sixty (60’) foot right-of-way shown on said Plat of survey. Together with a 2003 Horton HS01, 28X60 manufactured home, Serial Number H178845GL&R which is attached to and made a part of the real property.
(AU5,12,19,26B/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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 135, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-SEVEN THOUSAND THREE HUNDRED NINETY-NINE AND 30/100 DOLLARS ($47,399.30), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. Mcneish or a tenant or tenants and said property is more commonly known as Lot 28, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. Mcneish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5164409-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 28, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.761 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject to: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239, Pages 128-132.
(AU5,12,19,26B/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 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 to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FORTY-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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is 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/sl6 9/1/09
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
(AU5,12,19,26B/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 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 Federal Home Loan Mortgage Corporation by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED 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 September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 and Gregory Fears a.k.a Gregory K. 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.
Federal Home Loan Mortgage Corporation 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/ras 9/1/09
Our file no. 52017309-FT7
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.
(AU5,12,19,26B/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 a Security Deed executed by NICKOLAS ANDREW HUNTER by EMILY M. HUNTER as Guardian to PRIMARY CAPITAL ADVISORS, dated November 15, 2001, and recorded in Deed Book 182, Page 352, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association, by Assignment securing a Note in the original principal amount of $172,000.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, September 1, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land situate, lying and being in the 207th G.M.D. of Banks County, Georgia, containing 3.00 acres, as shown on a plat entitled “Survey for Judy Hunter”, dated November 11, 1999, by Max Lewallen, Registered Land Surveyor No. 2067, said plat being incorporated herein by reference and being more particularly described as follows: Begin at a point situated on the Eastern right of way of Chambers Road (60 foot R/W), said point being North 56° 59’ West 1112.2 feet from the intersection of the centerline of Chambers Road and Lord Road (County Dirt Road No. 91); run thence along said Eastern right of way of Chambers Road North 39° 11’ 10” West 79.43 feet to a point; continue on thence along said right of way North 37° 10’ 30” West 65.22 feet to a point; continue thence along said right of way North 31° 23’ 50” West 46.93 feet to a point; continue thence along said right of way North 24° 17’ 55” West 44.01 feet to an iron pin; thence leaving said right of way, run North 74° 25’ 35” East 600.82 feet to an iron pin run thence South 25° 17’ 20” East 225.30 feet to an iron pin at the Northern property line of property owned now or formerly by William and Betty Toney; run thence along said property line South 74° 25’ 35” West 563.54 feet to a point of beginning.
Said property is known as 631 Chambers Road, Commerce, GA 30530, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Nickolas Andrew Hunter by Emily M. Hunter as Guardian, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Nickolas Andrew Hunter by Emily M. Hunter (Guardian), 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.
JPMorgan Chase Bank, National Association Successor in interest from the Federal Deposit Insurance Corporation, as Receiver for Washington Mutual Bank as Attorney-in-Fact for Nickolas Andrew Hunter by Emily M. Hunter as Guardian
File no. 09-016684
SHAPIRO & SWERTFEGER*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100_Atlanta, GA 30341-3941
(770)220-2535/CW
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(AU5,12,19,26B/1323-80T1P)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998, and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
__ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale
Under Power of Sale
in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from STEVEN W. EVANS to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated February 8, 2007 and recorded on February 15, 2007, in Deed Book 299, Pages 432-434, records of Banks County, Georgia. This Security Deed secures a Note dated June 9, 2008 in the original principal amount of $53,465.51, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of lad, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Tract No. 2, containing 1.142 acres, more or less, as shown by plat and survey for Bobby Caudell, prepared by Ingram, Lord & Associates, certified by Barry D. Lord, GRLS, dated January 6, 1999, as recorded in Plat Book C, Page 2, 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.
Being known as 517 Mt. Bethel Road, Commerce, Georgia, according to the present system of numbering houses in Banks County, Georgia.
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.
Said property will be sold as the property of Alvin Gary 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 Steven W. Evans
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Steven W. Evans
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
(AU5,12,19,26P4)
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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 CAROLYN P. MCNEISH to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 30, 2006, recorded in Deed Book 292, Page 75, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND SIX HUNDRED FIFTY-ONE AND 0/100 DOLLARS ($55,651.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Carolyn P. McNeish or a tenant or tenants and said property is more commonly known as Lot 27, Baldwin, Georgia 30511.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wachovia Bank, National Association as Attorney in Fact for Carolyn P. McNeish
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 9/1/09
Our file no. 5159009-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 448th General Militia District of Banks County, City of Baldwin, Georgia, being shown and designated as Lot 27, Phase 5 of the Apple Pie Ridge Subdivision, containing 0.758 acre, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 7, 2005, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book E, Pages 142-145, to which said plat and the record thereof, reference is hereby made for a more complete description.
Together with a permanent non-exclusive easements for ingress and egress to and from the above described property via the course of the existing subdivision roads, as shown on the plat of survey referred to above.
Subject To: Restrictive covenants for Apple Pie Ridge recorded in the office of the Clerk of superior Court of Banks County, Georgia, in Deed Book 193 Pages 285-324 and Deed Book 233 Pages 1 and 2 and Deed Book 239 Pages 128-132.
(AU5,12,19,26B/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 ALBERT CHASE CUNNINGHAM and JENNIFER LYNN CUNNINGHAM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 12, 2005, in the amount of $161,600.00, and recorded in Deed Book 257, Page 311, 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 September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 31 and Lot 32 of Grove River Estates containing 6.64 acres and 3.26 acres, respectively as more fully shown on a plat of survey prepared by Don Higgins by Max Lewellen, Georgia Registered Land Surveyor No. 2067, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
And
All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lot 30 of Grove River Estates, consisting 6.08 acres, as more fully shown in plat prepared for Don Higgins by Max Lewellen, Registered Surveyor No. 2087, dated March 26, 1981, recorded in Plat Book 8, Page 172, Banks County Records, said plat being incorporated herein by reference thereto.
Less and except:
All that tract or parcel of land lying and being in GMD 912, Banks County, Georgia, consisting of 6.00 acres, more or less, and being more fully shown on a survey for Charles R. McDaniel, dated January 27, 2000, prepared by Tommy J. Phillips, and recorded in Plat Book 24, Page 172, Banks County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 127 River Run Road, Lula, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Albert Chase Cunningham and Jennifer Lynn Cunningham 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 Albert Chase Cunningham and Jennifer Lynn Cunningham
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-16550 /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.
(AU5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Banks
On October 10, 2000, JAMES E. BROOKS and CARLA A. BROOKS executed a Deed to Secure Debt to FIRST BANK AND TRUST, n/k/a FIRST CITIZENS BANK AND TRUST COMPANY, INC. securing a note of even date for TWO HUNDRED SIXTY ONE THOUSAND AND NO/100 DOLLARS ($261,000.00), said security deed being recorded in Deed Book 163, Pages 341-343, Banks County Records. Said security deed conveyed the property hereinafter described.
By virtue of the power of sale contained in said security deed to First Bank and Trust, n//k/a First Citizens Bank and Trust Company Inc., there will be sold by the undersigned at public outcry to the highest bidder for cash, before the Banks County Courthouse door in Banks County, Georgia, during the legal hours of sale, being 10 a.m. until 4 p.m. Eastern Time, on the first Tuesday in September, the same being September 1, 2009, the following described property:
All that tract or parcel of land lying and being partially in the City of Homer, 265th and 208th District, G.M., Banks County, Georgia and being that 35.00 acres, more or less, designated as Tract No. 1, as more particularly shown on a plat of survey prepared for James E. Brooks & Carla A. Brooks by G. Brian Slate, Registered Surveyor, dated May 10, 2000, recorded in Plat Book 25, Page 58, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Subject to all zoning ordinances, easements and rights of ways for public roads and utilities and any restrictions of record affecting said described property.
REFERENCE: Resolution for Tommy Watkins Construction Company, Inc. recorded at Deed Book 74, Page 420, Banks County, Georgia Records.
The debt secured by said security deed and note has been and is hereby declared due and payable because of default for non-payment as required by the note and security deed. The debt having been declared due and payable and remaining unpaid, and the terms in the note and security deed remaining in default, this sale will be made for the purpose of paying the principal, accrued interest and attorney’s fees pursuant to the note and security deed, plus all expenses of this sale.
Said property will be sold as the property of James E. Brooks and Carla A. Brooks and subject to outstanding ad valorem taxes and/or easements and/or restrictive covenants appearing of record, if any. The undersigned will comply with Georgia law, O.C.G.A. Section 44-14-162.2, prior to conducting the sale.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by James E. Brooks and Carla A. Brooks.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the Debtors is Sharon Hutto with First Citizens Bank and Trust Company, Inc., Ms. Hutto’s mailing address is P. O. Box 29, Columbia, South Carolina 29202 and her phone number is (866) 953-3626.
The undersigned will execute a deed to the purchaser at said sale as provided in the aforementioned deed to secure debt to First Bank and Trust n/k/a First Citizens Bank and Trust Company, Inc.
Dated this 31st day of July, 2009.
First Citizens Bank and Trust Company, Inc., Attorney-in-fact for James E. Brooks and Carla A. Brooks
Jenny E. Sanders
P.O. Box 1005
Toccoa, GA 30577
706/886-7533
Attorney for First Citizens Bank and Trust Company, Inc.
(AU5,12,19,26P4)
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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 JOSEPH DANIEL IRVIN and TONI C. IRVIN to STEPHENS FEDERAL BANK dated March 22, 2005, in the amount of $173,000.00, and recorded in Deed Book 255, Page 832, Banks County, Georgia Records, as last transferred to Stephens Federal Bank by assignment, the undersigned, Stephens Federal Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in September, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in 1206th G.M.D. of Banks County, Georgia and containing 5.00 acres, more or less, as shown on Plat of Survey prepared for Joseph Daniel Ivrin by Max Lewallen, R.L.S., dated March 31, 2004 and revised March 21, 2005 and recorded among Banks County, Georgia Records in Plat Book 29, Page 88, said plat being incorporated herein by reference for a more full and complete description.
which has the property address of 1603 Highway 63, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Joseph Daniel Irvin and Toni C. Irvin 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.
Stephens Federal Bank Attorney in Fact for Joseph Daniel Irvin and Toni C. Irvin
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-17603 /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.
(AU5,12,19,26B/1325-50)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from JOSE TOVAR to UNITED COMMUNITY BANK, dated June 13, 2008, recorded June 26, 2008, in Deed Book 327, Page 744, Banks County, Georgia Records, said Security Deed being given to secure a Note from JOSE TOVAR of even date in the original principal amount of TWO HUNDRED FORTY SEVEN THOUSAND THREE HUNDRED THIRTY TWO AND 59/100 ($247,332.59) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia containing 1.06 acres, more or less, as shown as Tract C on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00168
(AU5,12,19,26B/16022-50T1P)
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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 JOSE ROSARIO TOVAR to UNITED COMMUNITY BANK, dated May 9, 2008, recorded May 19, 2008, in Deed Book 325, Page 743, Banks County, Georgia Records; as cross-collateralized with that certain Security Deed dated April 11, 2005, recorded in Deed Book 700, Page 290, Habersham County, Georgia records, as modified; also that certain Security Deed dated October 26, 2001, recorded in Deed Book 524, Page 1146, Habersham County, Georgia records, as modified, said Security Deed being given to secure a Note from TOVAR FOUNDATIONS, INC. dated May 9, 2008, in the original principal amount of EIGHT HUNDRED TWENTY NINE THOUSAND FIVE HUNDRED TWENTY FOUR AND 54/100 ($829,524.54) DOLLARS, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 200 of the 10th Land District of Banks County, Georgia, containing 1.01 acres, more or less, as shown as Tract B on plat of survey by Jerome P. Sanders of Cleveland Land Services, dated October 25, 2001, the same being recorded among Banks County, Georgia records in Plat Book 27, Page 17, and being incorporated herein for a more full and adequate description.
Subject to restrictions, easements and rights of way of record.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is JOSE ROSARIO TOVAR or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for JOSE ROSARIO TOVAR
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7490A-00170
(AU5,12,19,26B/16022-50T1P)
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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 PAMELA ANN FOSTER AND HAROLD J. PHILLIPS to UNITED COMMUNITY BANK, dated February 9, 2007, recorded February 26, 2007, in Deed Book 300, Page 256, Banks County, Georgia records, as modified by Modification Agreement dated April 10, 2007, recorded in Deed Book 304, Page 221, Banks County, Georgia Records, said Security Deed being given to secure a Note from PAMELA ANN FOSTER AND HAROLD J. PHILLIPS dated April 10, 2007, in the original principal amount of One Hundred Three Thousand Eight Hundred Sixty Three and 28/100 ($103,863.28) Dollars, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in September, 2009, the following described property:
All that tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 8.65 acres, more or less, located on the northwesterly side of the right of way of State Route No. 184 and being more particularly shown and designated as Tract No. 2 on the Plat of Survey prepared for James Thomas and Harold Phillips by Bartlett & Cash Land Surveyors, Inc., dated December 18, 1997 and recorded in Plat Book 24, Page 173 of the Banks County, Georgia Plat Records, which plat of survey is incorporated hereby by reference and made a part hereof for a more accurate and complete description of said property. This is a portion of the same property referenced in that certain Warranty Deed dated April 10, 1998 from A. Calvin Forrest to Harold J. Phillips and recorded in Deed Book 127, Page 549 of the Banks County, Georgia Deed records.
Together with an immovable and permanent fixture attached thereto, a 2007 Fleetwood 32x76 Manufactured Home, Model Spring Hill 0764S, Serial Number to be determined. Map and Parcel No. B71-004
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is PAMELA ANN FOSTER and HAROLD J. PHILLIPS or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for PAMELA ANN FOSTER and HAROLD J. PHILLIPS
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00812
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(AU5,12,19,26B/16022-60T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from Timothy Mark Brooks to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 11, 2008 and recorded on September 17, 2008, in Deed Book 331, Pages 111-113, as well as UCC Financing Statement in favor of the Bank as recorded in Deed Book 331, Pages 114-115 and filed as Seq. No. 006-08-246, records of Banks County, Georgia. This Security Deed secures a Note dated September 11, 2008 in the original principal amount of $155,301.50, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.00 acres, more or less, designated as Lot 5, on a plat of survey entitled “Old Waverly Plantation, Phase One”, prepared by Patton-Boyer, Inc., Registered Surveyor, dated April 20, 2007, recorded in Plat Book G, Page 6, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with all building materials, equipment, and fixtures as purchased for use on the property located at Lot 5, Old Waverly Plantation, Banks Co., GA; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds).
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Timothy Mark Brooks 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 Timothy Mark Brooks.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By: __ As Attorney-in-fact for: Timothy Mark Brooks
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
(AU5,12,19,26P4)
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Notice of Sale
Advertisement of Sale Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from BOBBY J. CAUDELL to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 20, 2006 and recorded on August 17, 2006, in Deed Book 287, Pages 189-191, records of Banks County, Georgia. This Security Deed secures two Notes each dated May 1, 2008, the first in the original principal amount of $1,999,128.00, and the second in the original principal amount of $100,500.00, 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 September, 2009, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 126.823 acres, more or less, as more particularly shown on a plat of survey prepared for Bobby J. Caudell by Carroll Surveying, LLC, Registered Surveyor, dated December 29, 2005, recorded in Plat Book F, Page 92, in the Office of the clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT THE FOLLOWING:
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 3.669 acres, more or less, as more particularly shown on a plat of survey prepared for Clyde Breedlove and Loretta Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 79, 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.
AND
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.665 acres, more or less, as more particularly shown on a plat of survey prepared for Jon Breedlove and Rene Breedlove by Patton-Boyer, Inc., Registered Surveyor, dated July 10, 2007, recorded in Plat Book 31, Page 80, 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.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.05 acres, more or less, designated as Lot 29, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.37 acres, more or less, designated as Lot 2, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.27 acres, more or less, designated as Lot 31, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 56, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.01 acres, more or less, designated as Lot 4, on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 55, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
AND
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.53 acres, more or less, designated as Lot 27; and that 1.21 acres, more or les, designated as Lot 30; on a plat of survey prepared for Phase One: The Oaks at Banks Crossing, prepared by Patton-Boyer, Inc., Registered Surveyor, dated August 6, 2007, recorded in Plat Book G, Page 565 in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 60 foot ingress-egress easement along Oakwood Drive and Maple Drive as more particularly shown on plat of survey referenced herein above.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Bobby J. Caudell 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 Bobby J. Caudell.
NORTHEAST GEORGIA BANK
(f/k/a Freedom Bank of Georgia)
By:_________ As Attorney-in-fact for: Bobby J. Caudell
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
(AU5,12,19,26P4)
[Full Story »]
Banks County Public Records 07-22-09
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 HELEN SULLIVAN to WASHINGTON MUTUAL BANK dated July 11, 2007, in the amount of $97,602.00, and recorded in Deed Book 310, Page 796, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2009 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this policy is situated in the State of GA, County of BANKS, City of COMMERCE and described as follows:
All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, being shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewellen dated December 21, 1999 and being recorded in Plat Book 17, Page 150, Banks County, Georgia Records, said plat being incorporated herein and made reference hereto.
which has the property address of 2167 Westbrook Rd., 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 Helen Sullivan and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Helen Sullivan
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04644 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.
(JU8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JOHN B. MCCALL to MORTGAGE ELECTORNIC REGISTRATION SYSTEMS, INC. dated March 26, 2007, in the amount of $89,900.00, and recorded in Deed Book 302, Page 723, 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 August, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, tractor parcel of land, together with improvements thereon, lying and being in the 465 G.M.D., Banks County, Georgia, and being Lots 12 and 13 as shown on the Plat of Survey by James M. Paul, Surveyor, dated 04/27/78 and recorded in Plat Book 7, at Page 71, of the Bank County, Georgia Plat Records, and which Plat is hereby incorporated by reference for a more complete description of said property. Said property is conveyed subject to the restrictions contained in the Warranty Deed recorded in Deed Book 43, at Page 227 of the Banks County, Georgia Deed Records.
2000 Hort 27X27 Manufactured Home VIN# H1792977GLR
which has the property address of 199 Jake Shubert Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of John B. McCall 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 John B. McCall
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-13721 /VA
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.
(JU8,15,22,29B/1325-50)
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 SARITA K. DAVIDSON f/k/a SARITA G. KING to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 16, 2003, in the amount of $0.00, and recorded in Deed Book 212, Page 736, Banks County, Georgia Records, as last transferred to Guaranty Bank by assignment, the undersigned, Guaranty Bank 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 August, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing .60 Acres, more or less, and being more fully shown on a Plat of Survey for Sarita G. King made by Holcomb Surveying, Inc., R.L.S., dated October 29, 1998, and being of record in the office of the Superior Court of Banks County Records in Plat Book 23, Page 127, said plat and being incorporated herein by reference for a more full and complete description.
which has the property address of 930 Park Ave, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Sarita K. Davidson f/k/a Sarita G. King 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.
Guaranty Bank Attorney in Fact for Sarita K. Davidson f/k/a Sarita G. King
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-15369 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by ABEL HERNANDEZ, SR. to Bank of America, N.A., dated November 15, 2006, recorded in Deed Book 294, Page 485, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 475 Crosspoint Parkway, Getzville, NY 14068, 800-285-6000. 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 Abel Hernandez, Sr. and Christine L. Hernandez or a tenant or tenants and said property is more commonly known as 179 Hammer’s Glen 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.
Bank of America, N.A. as Attorney in Fact for Abel Hernandez, Sr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 8/4/09
Our file no. 51751109-FT7
EXHIBIT A
All that tract or parcel of land lying and being in 1210 GMD, Banks County, Georgia and being Lot 1, Block A, Unit One, Phase One, Hammer’s Glen Reserve as shown on the plat of survey recorded in Plat Book E, Page 12 of the Banks County, Georgia Plat Records. Reference to said plat and the record hereof is hereby made for a more complete description of said property.
(JU8,15,22,29B/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 a Security Deed executed by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS dated June 20, 2006, and recorded in Deed Book 284, Page 349, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association, as Trustee for Structured Asset Securities Corporation, Series 2004-GEL1, by Assignment securing a Note in the original principal amount of $270,000.00, 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, August 4, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being all of Lot 13, Block 1, Unit 1, Proverbs Subdivision located in Poplar Springs, G.M.D. Banks County, GA as more fully shown on survey for Wendell L. Pepper and Sarah L. Pepper dated December 2, 1986, prepared by B. Keith Rochester and Associates, Reg. Sur. and being recorded in the Clerk’s Office of the Superior Court of Banks County, GA in Plat Book 12, page 70, Said plat and the record thereof are herein incorporated for a full and complete legal description.
Together with a non-exclusive easement for purposes of vehicular and pedestrian ingress and egress from Garrison Shoal County Road to subject property along right of way show on the above referenced plat. Provided however that part of Lot No. 13 which is located in the right of way of Ashley Brook Drive (60’ right of way) is excluded from this conveyance. The subdivision survey is recorded in Plat Book 7, Page 229, Banks County Records and also incorporated herein by reference.
Said property is known as 312 Ashley Brooke Dr., 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 Hoyt Terry Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Hoyt Terry Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
US Bank National Association, as Trustee for Structured Asset Securities Corporation, Series 2004-GEL1 as Attorney-in-Fact for Hoyt Terry Tanner
File no. 09-013708
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770)220-2535/CP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU8,15,22,29B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated January 16, 2007, executed by LAWRENCE J. HOFF to MORTGAGE ELECTRONIC SYSTEMS, INC. recorded in Deed Book 298, Page 73, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $66,300.00, Mortgage Electronic Registration Systems, Inc. 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 August, 2009, to-wit: August 4, 2009, 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 284th District, G.M., Banks County, Georgia, and being that 3.28 acres, more or less, as more particularly shown on a plat of survey prepared for Ronald R. Silva by Bartlett & Cash Land Surveyors, Inc., Registered Surveyor, dated December 29, 1998, recorded in Plat Book 23, Page 179, 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 212 Daily Road, Homer, Georgia, 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 Lawrence J. Hoff 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.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for LAWRENCE J. HOFF
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.
(JU8,15,22,29B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ANGELA GARRETT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORPORATION dated May 11, 2007, in the amount of $141,676.00, and recorded in Deed Book 305, Page 818, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. 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 August, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 3, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein.
which has the property address of 127 Ridgeland Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Angela Garrett 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. as nominee for Taylor, Bean & Whitaker Mortgage Corp. Attorney in Fact for Angela Garrett
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-00633 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU8,15,22,29B/1325-50)
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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 STEPHEN L. BRIDGEFORD and CHAD E. EDGE to COMMUNITY BANK & TRUST, dated June 7, 2006, which Deed is recorded among Banks County, Georgia Records in Deed Book 282, Page 821, said Security Deed being given to secure a Note dated February 4, 2008 in the original principal amount of THREE HUNDRED SIXTY TWO THOUSAND FOUR HUNDRED SIXTY TWO AND 00/100 ($362,462.00) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, being known as Lot 24, containing 1.00 acre, more or less, of Block A, Unit 1, Phase 1, of Hammer’s Glen “The Reserve”, as shown on a Plat of Survey entitled “Survey for Hammer’s Glen “The Reserve”, prepared by Lovell, Duvall, Miller & Associates, Inc., R.L.S., certified by Kenyon L. Miller, Georgia Registered Surveyor, No. 2595, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 202 Hansen Ridge, Homer, Georgia, 30547, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of STEPHEN L. BRIDGEFORD and CHAD E. EDGE, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for STEPHEN L. BRIDGEFORD and CHAD E. EDGE
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.
(JU8,15,22,29B/1326-60P)
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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 MITCHELL MADDOX to COMMUNITY BANK & TRUST, dated November 28, 2005, which Deed is recorded among Banks County, Georgia Records in Deed Book 271, Page 735, said Security Deed being given to secure a Note dated April 24, 2008 in the original principal amount of SEVENTY THREE THOUSAND FOUR HUNDRED SEVENTY ONE AND 66/100 ($73,471.66) 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 August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in GMD 207, Banks County, Georgia, being 5.19 acres identified as Tract 3, Glenfield Farms, as shown on survey recorded in Plat Book 14, Page 131, Banks County, Georgia Records, more complete description of said property.
Also conveyed herewith is a 1994 Clayton Mobile Home, Mfg. ID #WHC003330GAAB.
Said property is known as 228 Borders Road, Commerce, Georgia, 30530, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of MITCHELL MADDOX, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST,, as Attorney-in-Fact for MITCHELL MADDOX
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.
(JU8,15,22,29B/1326-60P)
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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 EZRA MITCHELL MADDOX to COMMUNITY BANK & TRUST, dated July 21, 2005, which Deed is recorded among Banks County, Georgia Records in Deed Book 262, Page 828, said Security Deed being given to secure a Note dated April 18, 2009 in the original principal amount of ONE HUNDRED ELEVEN THOUSAND NINETY SIX AND 66/100 ($111,096.66) 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 August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 207th G.M.D. of Banks County, Georgia, containing approximately 5.0 (five) acres, more or less, all as shown on a plat of survey for Barbara Mitchell, dated August 5th, 1993, prepared and certified by Max Jackson Lewallen, GRSL #2067, and as recorded in Plat Book 27, page 105, Banks County, Georgia records; being property commonly known as 728 Sims Bridge Road, Commerce, Georgia.
Said property is known as 728 Sims Bridge Road, Commerce, Georgia, 30530, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of EZRA MITCHELL MADDOX, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for EZRA MITCHELL MADDOX
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.
(JU8,15,22,29B/1326-60P)
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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 GREASY CREEK DEVELOPMENT, LLC to COMMUNITY BANK & TRUST, dated April 6, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 303, Page 238, said Security Deed being given to secure a Note dated August 25, 2008 in the original principal amount of FOUR HUNDRED FORTY ONE THOUSAND EIGHT HUNDRED NINETY FOUR AND 19/100 ($441,894.19) 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 August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 35.165 acres, more or less, as shown on a plat of survey for Kevin Cape, prepared by Ingram, Lord & Associates, Registered Surveyor, dated February 26, 2007, recorded in Plat Book F, Page 158, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as Yonah Homer Road, Homer, Georgia, 30547, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of GREASY CREEK DEVELOPMENT, LLC, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for GREASY CREEK DEVELOPMENT, LLC
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.
(JU8,15,22,29B/1326-60P)
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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 GREASY CREEK DEVELOPMENT, LLC to COMMUNITY BANK & TRUST, dated July 31, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 310, Page 245, said Security Deed being given to secure a Note dated August 25, 2008 in the original principal amount of FOUR HUNDRED FORTY ONE THOUSAND EIGHT HUNDRED NINETY FOUR and 19/100 ($441,894.19) 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 August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 17.30 acres, more or less, as designated as Tract 2 on a plat of survey prepared for Charles L. Sullivan Construction Co., Inc. by Max Lewallen, Registered Surveyor, dated April 18, 2002, recorded in Plat Book 26, Page 182, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as Yonah Homer Road, Homer, Georgia, 30547, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of GREASY CREEK DEVELOPMENT, LLC, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for GREASY CREEK DEVELOPMENT, LLC
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.
(JU8,15,22,29B/1326-60P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by VALERIE LORD and LOWELL LORD aka JAMES LORD to H & R BLOCK MORTGAGE CORPORATION, dated June 15, 2005, recorded in Deed Book 276, Page 447, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Receivables LLC 2006-OP1 Mortgage Pass-Through Certificates, Series 2006-OP1 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 THREE HUNDRED AND 0/100 DOLLARS ($79,300.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: American Home Mortgage Servicing Inc., 6501 Irvine Center Drive, Irvine, CA 92618, 877-304-3100. 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 Valerie Lord and Lowell Lord or a tenant or tenants and said property is more commonly known as 261 McEver Rd., Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Receivables LLC 2006-OP1 Mortgage Pass-Through Certificates, Series 2006-OP1 as Attorney in Fact for Valerie Lord and Lowell Lord aka James Lord
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cg1 8/4/09
Our file no. 52362108-FT1
EXHIBIT A
All that certain property situated in city of commerce in the County of Banks, and state of GA and being described in a deed dated 01/25/1996 and recorded 01/31/1996 in Book 103, Page 231 among the land records of the county and state set forth above, and referenced as follows:
All that tract or parcel of land lying and being in Banks County, Georgia, G.M.D 207, being designated as tract 1, containing 0.69 acres, more or less, and tract 2, containing 0.38 acres, more or less, and being 1.07 acres in the aggregate according to a survey for Jimmie Ray Jacobs, Jr. and Lisa L. Jacobs, prepared by Venable and Associates, Registered Land Surveyor, said plat is recorded in Plat Book 14, Page 188, Banks County Records and is incorporated herein by reference for a more complete description, this conveyance is subject to all easement and rights of way for road and utilities now in use along with all easements and restrictions of record.
Less and except: property referenced in Book 156; Pages 86-88
All that tract or parcel of land lying and being in Banks County, Georgia, G.M.D. 207, being designated as tract two, containing 0.38 acres according to a survey for Jimmie Ray Jacobs, Jr. and Lisa L. Jacobs. Prepared by venable and associates, G.R.L.S. said plat is recorded in Plat Book 14, Page 188, Banks County Records and is incorporated herein by reference for a more complete description. This conveyance is subject to all easements and rights of way for roads and utilities now in use along with all easements and restrictions of record. Less and except that .38 acres tract conveyed to Phillup Beard and Kevin Pugh by Lowell Lord, as per that limited warranty deed dated 04/22/2000 and recorded 04/24/2000 in Book 156 and Page 86.
Parcel No. B82009
(JU8,15,22,29B/12062-90T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KIMBERLY D. ALMOND AND CORY B. ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and Recorded on 10/06/2006, as Book No. 290 and Page Nos. 268-279, BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 207 GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43224, 800-446-8939. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: KIMBERLY D. ALMOND AND CORY B. ALMOND or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for KIMBERLY D. ALMOND AND CORY B. ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090073400928
BARRETT, DAFFIN & FRAPPIER, L.L.P.
4004 Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
(JU8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from LARRY JULIAN BAUGH to CITIFINANCIAL SERVICES, INC. in the original principal amount of $54,456.36 dated 04/16/2008, and recorded in Deed Book 324, Page 467, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2009 by Citifinancial Services, Inc., as Attorney-in-Fact for Larry Julian Baugh the following described property:
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 912, Banks County, Georgia, containing 5.09 acres, more or less, as shown on survey for Laurel Johnson by Max LeWallen, Registered Surveyor dated November 27, 1985, recorded in the Banks County Records and being more fully described according to said LeWallen survey as follows:
Beginning at an iron pin corner on the south side of the Silver Shoals Road which point of beginning is located in a northeasterly direction 1955 feet from the right-of-way of Georgia Hwy. #51 as measured along the right-of-way of Silver Shoals Road and which beginning iron pin corner is off set 13.7 feet from the right-of-way of Silver Shoals Road and running thence along the right-of-way of Silver Shoals Road N 58 deg. 00’ E 200.2 feet to a corner; thence S 15 deg. 23’ E 518.1 feet to an iron pin corner; thence S 25 deg 52’ E 530.1 feet to an iron pin corner; thence S 70 deg. 59’W 289.0 feet to iron pin corner; thence N 15 deg. 23’ W 1000.5 feet to the point of beginning on the right-of-way of Silver Shoals Road and being the same property described and conveyed to Cleal Morris, et al to Ruth Crow dated March 8, 1978 and recorded in Deed Book 15, page 129 of the Banks County Records.
Property known as: 1469 John Morris Road, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
Citifinancial Services, Inc.
605 Munn Road
Fort Mill, SC 29715
PHONE: 877-675-3656
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 Larry Julian Baugh.
Citifinancial Services, Inc., as Attorney-in-fact for Larry Julian Baugh.
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
(JU8,15,22,29B/224-70)
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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 Security Deed from NICKOLAS CASEY TURPIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., as nominee for HOMESTAR FINANCIAL CORPORATION dated February 29, 2008, recorded in Deed Book 321, Page 682, Banks County Records, and last assigned to Chase Home Finance LLC, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTEEN THOUSAND TWO HUNDRED SIXTY AND 00/100 ($115,260.00), with interest thereon as set forth therein, there will be sold 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, August 4, 2009, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th G.M. District, Banks County, Georgia, being Tract D, containing 2.00 acres, as per plat recorded in Plat Book F, Page 140, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
This conveyance is made subject to restriction and/or covenants of record, if any, easements of record and existing easements and rights of way for public roads and utilities now in use.
The property commonly known as 320 Garrison Shoals Road, Lula, Georgia 30554.
Map and Parcel Number: B07-051
The Debt secured by said Security Deed has been and is hereby declared due because of nonpayment of the indebtedness when due and in the manner provided in the Note and Security Deed. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of 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, 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 Nickolas Casey Turpin or, a tenant or tenants, and said property was or is commonly known as 320 Garrison Shoals Road, Lula, GA 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.
Chase Home Finance LLC As Attorney in Fact for Nickolas Casey Turpin
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 09-8254
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR, ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU8,15,22,29B/1327-50)
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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 BILLY KEITH NIX and DIANNE NIX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 13, 2007, and recorded in Deed Book 307, Page 713, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Taylor, Bean & Whitaker Mortgage Corp., by Assignment securing a Note in the original principal amount of $131,950.00, 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, August 4, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 1206 District, G.M., Banks County, Georgia, consisting of Tract 1, containing 1.00 acre, more or less, and Tract 2 containing 5.00 acres, more or less, as shown by a plat of survey entitled “Survey for Billy Keith Nix”, prepared by Max Lewallen, Registered Land Surveyor, dated August 22, 1995, recorded in Plat Book 21, Page 35, in the Office of the Clerk of the Superior Court of Banks County, Georgia. The above referred to plat is expressly by reference made a part of this deed.
Subject to existing easements and rights of way.
Said property is known as 2097 Westbrook Road, Commerce, GA 30529, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Billy Keith Nix and Dianne Nix, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Billy Keith Nix and Dianne Nix, 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.
Taylor, Bean & Whitaker Mortgage Corp. as Attorney-in-Fact for Billy Keith Nix and Dianne Nix
File no. 09-015503
SHAPIRO & SWERTFEGER*
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]
(JU8,15,22,29B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
On January 27, 2005, DENNIS L. NEFF executed a Security Deed to STEPHENS FEDERAL BANK, which is recorded in Deed Book 252, Pages 473-492, Banks County Records. The Security Deed secured a note of even date in the original principal amount of $78,000.00.
By virtue of the power of sale contained in said Security Deed, there will be sold by the undersigned at public outcry to the highest bidder, for cash before the Courthouse door in Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the same being August 4, 2009, the property described in and conveyed in said deed, to-wit:
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 207 of Banks County, Georgia, and being Tract 49-B, 2.62 acres, as shown on that plat of survey for David Fuller, prepared by Jeff Weshner, Georgia Registered Land Surveyor, dated September 21, 1998, and recorded in Plat Book 24, Page 72, of the Banks County, Georgia Records. Said plat is incorporated herein by reference for a more complete description of the property.
LESS AND EXCEPT 1.00 acres as shown on that plat recorded in Plat Book 24, Page 73, of the Banks County, Georgia Plat Records.
TOGETHER WITH the right of ingress and egress to the above-referenced property by means of the 60-foot access easement as shown on the above-referenced plat. Said 60-foot access strip being reserved in the Warranty Deed to Georgia-Pacific Corporation recorded at Deed Book 105, Page 732, of the Banks County, Georgia Deed Records.
Also conveyed is a 1998 Sweetwater 24x66 Mobile Home bearing manufacturer’s I.D. #SHGA3894AB located on the above described property.
The debt secured by said Security Deed and Note has been and is hereby declared due because of non-payment thereof. The debt remaining in default, this sale will be made for the purpose of satisfying the same and all expenses of this sale.
This property will be sold as the property of Dennis L. Neff, his executor, administrator, heirs, beneficiaries, successors and/or assigns, as the case may be. Upon information and belief, this property is in the control of the executor, administrator, heirs at law or beneficiaries of Dennis L. Neff.
This property will be sold subject to any and all ad valorem taxes, the right of redemption of any taxing authority, any matters which might be disclosed by a current and accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and any other 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 said Security Deed.
The undersigned will execute a Deed Under Power of Sale to the purchaser at said sale as provided in the aforementioned Security Deed.
Dated this 1st day of July, 2009.
Stephens Federal Bank, Toccoa, Georgia, as Attorney in Fact for Dannis L. Neff.
DAVE STANCIL AT STEPHENS FEDERAL BANK, 2859 HWY 17 ALT., TOCCOA, GEORGIA 30577, TELEPHONE NUMBER 706-886-2111; SHALL HAVE FULL AUTHORITY TO NEGOTIATE, AMEND AND MODIFY THE TERMS OF THE MORTGAGE WITH THE DEBTOR.
McClure, Ramsay, Dickerson & Escoe, LLP
P.O. Drawer l408
Toccoa, Georgia 30577
(706) 886-3l78
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.
(JU8,15,22,29P4)
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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 by TERESA A. RUCKER to CITIFINANCIAL SERVICES, INC., dated July 24, 2001, and filed for record August 7, 2001, in Deed Book 176, Page 395, Banks County, Georgia Records, and securing a Note in the original principal amount of $39,014.50, 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 August 2009, by CitiFinancial Services, Inc. as Attorney-in-Fact for Teresa A. Rucker the following property to-wit:
ALL THAT PARCEL of land in the City of Commerce, Banks County, Georgia, State of Georgia, as more fully described in Deed Book 96, Page 296, being known and designated as 207th GMD, containing 1.00 acres, more or less, being part of Lot 15, Louise Martin Division, filed in Plat Book 19, Page 148, metes and bounds property.
BY FEE SIMPLE deed from Cornelius Rucker as set forth in Deed Book 96, Page 296, dated 05/02/1995 and recorded 05/03/1995, Banks county Records, State of Georgia.
The above described property is also known as 188 Browns Bridge Lane, Commerce, GA 30530.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all 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 Teresa A. Ru
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by HELEN SULLIVAN to WASHINGTON MUTUAL BANK dated July 11, 2007, in the amount of $97,602.00, and recorded in Deed Book 310, Page 796, Banks County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment, the undersigned, JPMorgan Chase Bank, National Association pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2009 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this policy is situated in the State of GA, County of BANKS, City of COMMERCE and described as follows:
All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, being shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewellen dated December 21, 1999 and being recorded in Plat Book 17, Page 150, Banks County, Georgia Records, said plat being incorporated herein and made reference hereto.
which has the property address of 2167 Westbrook Rd., 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 Helen Sullivan and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
JPMorgan Chase Bank, National Association Attorney in Fact for Helen Sullivan
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-04644 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.
(JU8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JOHN B. MCCALL to MORTGAGE ELECTORNIC REGISTRATION SYSTEMS, INC. dated March 26, 2007, in the amount of $89,900.00, and recorded in Deed Book 302, Page 723, 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 August, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that lot, tractor parcel of land, together with improvements thereon, lying and being in the 465 G.M.D., Banks County, Georgia, and being Lots 12 and 13 as shown on the Plat of Survey by James M. Paul, Surveyor, dated 04/27/78 and recorded in Plat Book 7, at Page 71, of the Bank County, Georgia Plat Records, and which Plat is hereby incorporated by reference for a more complete description of said property. Said property is conveyed subject to the restrictions contained in the Warranty Deed recorded in Deed Book 43, at Page 227 of the Banks County, Georgia Deed Records.
2000 Hort 27X27 Manufactured Home VIN# H1792977GLR
which has the property address of 199 Jake Shubert Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of John B. McCall 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 John B. McCall
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-13721 /VA
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.
(JU8,15,22,29B/1325-50)
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 SARITA K. DAVIDSON f/k/a SARITA G. KING to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 16, 2003, in the amount of $0.00, and recorded in Deed Book 212, Page 736, Banks County, Georgia Records, as last transferred to Guaranty Bank by assignment, the undersigned, Guaranty Bank 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 August, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in Land Lot 185 of the 10th Land District of Banks County, Georgia, containing .60 Acres, more or less, and being more fully shown on a Plat of Survey for Sarita G. King made by Holcomb Surveying, Inc., R.L.S., dated October 29, 1998, and being of record in the office of the Superior Court of Banks County Records in Plat Book 23, Page 127, said plat and being incorporated herein by reference for a more full and complete description.
which has the property address of 930 Park Ave, Baldwin, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Sarita K. Davidson f/k/a Sarita G. King 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.
Guaranty Bank Attorney in Fact for Sarita K. Davidson f/k/a Sarita G. King
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-15369 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU8,15,22,29B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by ABEL HERNANDEZ, SR. to Bank of America, N.A., dated November 15, 2006, recorded in Deed Book 294, Page 485, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 475 Crosspoint Parkway, Getzville, NY 14068, 800-285-6000. 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 Abel Hernandez, Sr. and Christine L. Hernandez or a tenant or tenants and said property is more commonly known as 179 Hammer’s Glen 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.
Bank of America, N.A. as Attorney in Fact for Abel Hernandez, Sr.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 8/4/09
Our file no. 51751109-FT7
EXHIBIT A
All that tract or parcel of land lying and being in 1210 GMD, Banks County, Georgia and being Lot 1, Block A, Unit One, Phase One, Hammer’s Glen Reserve as shown on the plat of survey recorded in Plat Book E, Page 12 of the Banks County, Georgia Plat Records. Reference to said plat and the record hereof is hereby made for a more complete description of said property.
(JU8,15,22,29B/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 a Security Deed executed by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS dated June 20, 2006, and recorded in Deed Book 284, Page 349, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to US Bank National Association, as Trustee for Structured Asset Securities Corporation, Series 2004-GEL1, by Assignment securing a Note in the original principal amount of $270,000.00, 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, August 4, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being all of Lot 13, Block 1, Unit 1, Proverbs Subdivision located in Poplar Springs, G.M.D. Banks County, GA as more fully shown on survey for Wendell L. Pepper and Sarah L. Pepper dated December 2, 1986, prepared by B. Keith Rochester and Associates, Reg. Sur. and being recorded in the Clerk’s Office of the Superior Court of Banks County, GA in Plat Book 12, page 70, Said plat and the record thereof are herein incorporated for a full and complete legal description.
Together with a non-exclusive easement for purposes of vehicular and pedestrian ingress and egress from Garrison Shoal County Road to subject property along right of way show on the above referenced plat. Provided however that part of Lot No. 13 which is located in the right of way of Ashley Brook Drive (60’ right of way) is excluded from this conveyance. The subdivision survey is recorded in Plat Book 7, Page 229, Banks County Records and also incorporated herein by reference.
Said property is known as 312 Ashley Brooke Dr., 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 Hoyt Terry Tanner, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Hoyt Terry Tanner, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
US Bank National Association, as Trustee for Structured Asset Securities Corporation, Series 2004-GEL1 as Attorney-in-Fact for Hoyt Terry Tanner
File no. 09-013708
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770)220-2535/CP
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(JU8,15,22,29B/1323-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated January 16, 2007, executed by LAWRENCE J. HOFF to MORTGAGE ELECTRONIC SYSTEMS, INC. recorded in Deed Book 298, Page 73, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $66,300.00, Mortgage Electronic Registration Systems, Inc. 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 August, 2009, to-wit: August 4, 2009, 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 284th District, G.M., Banks County, Georgia, and being that 3.28 acres, more or less, as more particularly shown on a plat of survey prepared for Ronald R. Silva by Bartlett & Cash Land Surveyors, Inc., Registered Surveyor, dated December 29, 1998, recorded in Plat Book 23, Page 179, 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 212 Daily Road, Homer, Georgia, 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 Lawrence J. Hoff 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.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for LAWRENCE J. HOFF
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.
(JU8,15,22,29B/1328-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ANGELA GARRETT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR FINANCIAL CORPORATION dated May 11, 2007, in the amount of $141,676.00, and recorded in Deed Book 305, Page 818, Banks County, Georgia Records, as last transferred to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. by assignment, the undersigned, Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. 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 August, 2009, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the city of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 3, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein.
which has the property address of 127 Ridgeland Drive, Maysville, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Angela Garrett 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. as nominee for Taylor, Bean & Whitaker Mortgage Corp. Attorney in Fact for Angela Garrett
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-00633 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU8,15,22,29B/1325-50)
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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 STEPHEN L. BRIDGEFORD and CHAD E. EDGE to COMMUNITY BANK & TRUST, dated June 7, 2006, which Deed is recorded among Banks County, Georgia Records in Deed Book 282, Page 821, said Security Deed being given to secure a Note dated February 4, 2008 in the original principal amount of THREE HUNDRED SIXTY TWO THOUSAND FOUR HUNDRED SIXTY TWO AND 00/100 ($362,462.00) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 1210th District, G.M., Banks County, Georgia, being known as Lot 24, containing 1.00 acre, more or less, of Block A, Unit 1, Phase 1, of Hammer’s Glen “The Reserve”, as shown on a Plat of Survey entitled “Survey for Hammer’s Glen “The Reserve”, prepared by Lovell, Duvall, Miller & Associates, Inc., R.L.S., certified by Kenyon L. Miller, Georgia Registered Surveyor, No. 2595, dated December 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as 202 Hansen Ridge, Homer, Georgia, 30547, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of STEPHEN L. BRIDGEFORD and CHAD E. EDGE, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for STEPHEN L. BRIDGEFORD and CHAD E. EDGE
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.
(JU8,15,22,29B/1326-60P)
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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 MITCHELL MADDOX to COMMUNITY BANK & TRUST, dated November 28, 2005, which Deed is recorded among Banks County, Georgia Records in Deed Book 271, Page 735, said Security Deed being given to secure a Note dated April 24, 2008 in the original principal amount of SEVENTY THREE THOUSAND FOUR HUNDRED SEVENTY ONE AND 66/100 ($73,471.66) 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 August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in GMD 207, Banks County, Georgia, being 5.19 acres identified as Tract 3, Glenfield Farms, as shown on survey recorded in Plat Book 14, Page 131, Banks County, Georgia Records, more complete description of said property.
Also conveyed herewith is a 1994 Clayton Mobile Home, Mfg. ID #WHC003330GAAB.
Said property is known as 228 Borders Road, Commerce, Georgia, 30530, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of MITCHELL MADDOX, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST,, as Attorney-in-Fact for MITCHELL MADDOX
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.
(JU8,15,22,29B/1326-60P)
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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 EZRA MITCHELL MADDOX to COMMUNITY BANK & TRUST, dated July 21, 2005, which Deed is recorded among Banks County, Georgia Records in Deed Book 262, Page 828, said Security Deed being given to secure a Note dated April 18, 2009 in the original principal amount of ONE HUNDRED ELEVEN THOUSAND NINETY SIX AND 66/100 ($111,096.66) 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 August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 207th G.M.D. of Banks County, Georgia, containing approximately 5.0 (five) acres, more or less, all as shown on a plat of survey for Barbara Mitchell, dated August 5th, 1993, prepared and certified by Max Jackson Lewallen, GRSL #2067, and as recorded in Plat Book 27, page 105, Banks County, Georgia records; being property commonly known as 728 Sims Bridge Road, Commerce, Georgia.
Said property is known as 728 Sims Bridge Road, Commerce, Georgia, 30530, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of EZRA MITCHELL MADDOX, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for EZRA MITCHELL MADDOX
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.
(JU8,15,22,29B/1326-60P)
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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 GREASY CREEK DEVELOPMENT, LLC to COMMUNITY BANK & TRUST, dated April 6, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 303, Page 238, said Security Deed being given to secure a Note dated August 25, 2008 in the original principal amount of FOUR HUNDRED FORTY ONE THOUSAND EIGHT HUNDRED NINETY FOUR AND 19/100 ($441,894.19) 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 August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 35.165 acres, more or less, as shown on a plat of survey for Kevin Cape, prepared by Ingram, Lord & Associates, Registered Surveyor, dated February 26, 2007, recorded in Plat Book F, Page 158, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as Yonah Homer Road, Homer, Georgia, 30547, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of GREASY CREEK DEVELOPMENT, LLC, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for GREASY CREEK DEVELOPMENT, LLC
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.
(JU8,15,22,29B/1326-60P)
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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 GREASY CREEK DEVELOPMENT, LLC to COMMUNITY BANK & TRUST, dated July 31, 2007, which Deed is recorded among Banks County, Georgia Records in Deed Book 310, Page 245, said Security Deed being given to secure a Note dated August 25, 2008 in the original principal amount of FOUR HUNDRED FORTY ONE THOUSAND EIGHT HUNDRED NINETY FOUR and 19/100 ($441,894.19) 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 August, 2009, (August 4, 2009) the following described property, to wit:
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being that 17.30 acres, more or less, as designated as Tract 2 on a plat of survey prepared for Charles L. Sullivan Construction Co., Inc. by Max Lewallen, Registered Surveyor, dated April 18, 2002, recorded in Plat Book 26, Page 182, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Said property is known as Yonah Homer Road, Homer, Georgia, 30547, together with all fixtures and personal property attached to and constituting a part of said property if any.
Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and COMMUNITY BANK & TRUST has given notice of its intention to foreclose said Security Deed and claim attorney’s fees as provided in said Note and Security Deed.
The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness, including all accrued and unpaid interest thereon, and attorney’s fees and all expenses of said sale.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The property will be sold as the property of GREASY CREEK DEVELOPMENT, LLC, who, to the best of the undersigned’s knowledge and belief, is the party in possession of said property.
COMMUNITY BANK & TRUST, as Attorney-in-Fact for GREASY CREEK DEVELOPMENT, LLC
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.
(JU8,15,22,29B/1326-60P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by VALERIE LORD and LOWELL LORD aka JAMES LORD to H & R BLOCK MORTGAGE CORPORATION, dated June 15, 2005, recorded in Deed Book 276, Page 447, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Receivables LLC 2006-OP1 Mortgage Pass-Through Certificates, Series 2006-OP1 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 THREE HUNDRED AND 0/100 DOLLARS ($79,300.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: American Home Mortgage Servicing Inc., 6501 Irvine Center Drive, Irvine, CA 92618, 877-304-3100. 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 Valerie Lord and Lowell Lord or a tenant or tenants and said property is more commonly known as 261 McEver Rd., Commerce, Georgia 30530.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Receivables LLC 2006-OP1 Mortgage Pass-Through Certificates, Series 2006-OP1 as Attorney in Fact for Valerie Lord and Lowell Lord aka James Lord
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cg1 8/4/09
Our file no. 52362108-FT1
EXHIBIT A
All that certain property situated in city of commerce in the County of Banks, and state of GA and being described in a deed dated 01/25/1996 and recorded 01/31/1996 in Book 103, Page 231 among the land records of the county and state set forth above, and referenced as follows:
All that tract or parcel of land lying and being in Banks County, Georgia, G.M.D 207, being designated as tract 1, containing 0.69 acres, more or less, and tract 2, containing 0.38 acres, more or less, and being 1.07 acres in the aggregate according to a survey for Jimmie Ray Jacobs, Jr. and Lisa L. Jacobs, prepared by Venable and Associates, Registered Land Surveyor, said plat is recorded in Plat Book 14, Page 188, Banks County Records and is incorporated herein by reference for a more complete description, this conveyance is subject to all easement and rights of way for road and utilities now in use along with all easements and restrictions of record.
Less and except: property referenced in Book 156; Pages 86-88
All that tract or parcel of land lying and being in Banks County, Georgia, G.M.D. 207, being designated as tract two, containing 0.38 acres according to a survey for Jimmie Ray Jacobs, Jr. and Lisa L. Jacobs. Prepared by venable and associates, G.R.L.S. said plat is recorded in Plat Book 14, Page 188, Banks County Records and is incorporated herein by reference for a more complete description. This conveyance is subject to all easements and rights of way for roads and utilities now in use along with all easements and restrictions of record. Less and except that .38 acres tract conveyed to Phillup Beard and Kevin Pugh by Lowell Lord, as per that limited warranty deed dated 04/22/2000 and recorded 04/24/2000 in Book 156 and Page 86.
Parcel No. B82009
(JU8,15,22,29B/12062-90T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KIMBERLY D. ALMOND AND CORY B. ALMOND to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR M&T MORTGAGE CORPORATION , dated 09/26/2006, and Recorded on 10/06/2006, as Book No. 290 and Page Nos. 268-279, BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $152,665.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in August, 2009, the following described property:
All that tract or parcel of land lying and being in Land Lot 207 GMD, Banks County, Georgia, containing 1.641 acres, more or less, Tract 7B, as shown on plat and survey by Ingram, Lord & Associates and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book D, Page 74, Banks County, Georgia Records, which plat is incorporated herein by reference for a more complete description of said property.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43224, 800-446-8939. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 600 CHAMBERS STREET, COMMERCE, GEORGIA 30530 is/are: KIMBERLY D. ALMOND AND CORY B. ALMOND or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for KIMBERLY D. ALMOND AND CORY B. ALMOND.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20090073400928
BARRETT, DAFFIN & FRAPPIER, L.L.P.
4004 Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
(JU8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from LARRY JULIAN BAUGH to CITIFINANCIAL SERVICES, INC. in the original principal amount of $54,456.36 dated 04/16/2008, and recorded in Deed Book 324, Page 467, Banks County Records, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of August, 2009 by Citifinancial Services, Inc., as Attorney-in-Fact for Larry Julian Baugh the following described property:
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 912, Banks County, Georgia, containing 5.09 acres, more or less, as shown on survey for Laurel Johnson by Max LeWallen, Registered Surveyor dated November 27, 1985, recorded in the Banks County Records and being more fully described according to said LeWallen survey as follows:
Beginning at an iron pin corner on the south side of the Silver Shoals Road which point of beginning is located in a northeasterly direction 1955 feet from the right-of-way of Georgia Hwy. #51 as measured along the right-of-way of Silver Shoals Road and which beginning iron pin corner is off set 13.7 feet from the right-of-way of Silver Shoals Road and running thence along the right-of-way of Silver Shoals Road N 58 deg. 00’ E 200.2 feet to a corner; thence S 15 deg. 23’ E 518.1 feet to an iron pin corner; thence S 25 deg 52’ E 530.1 feet to an iron pin corner; thence S 70 deg. 59’W 289.0 feet to iron pin corner; thence N 15 deg. 23’ W 1000.5 feet to the point of beginning on the right-of-way of Silver Shoals Road and being the same property described and conveyed to Cleal Morris, et al to Ruth Crow dated March 8, 1978 and recorded in Deed Book 15, page 129 of the Banks County Records.
Property known as: 1469 John Morris Road, Maysville, GA 30558
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
Citifinancial Services, Inc.
605 Munn Road
Fort Mill, SC 29715
PHONE: 877-675-3656
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 Larry Julian Baugh.
Citifinancial Services, Inc., as Attorney-in-fact for Larry Julian Baugh.
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
(JU8,15,22,29B/224-70)
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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 Security Deed from NICKOLAS CASEY TURPIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., as nominee for HOMESTAR FINANCIAL CORPORATION dated February 29, 2008, recorded in Deed Book 321, Page 682, Banks County Records, and last assigned to Chase Home Finance LLC, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTEEN THOUSAND TWO HUNDRED SIXTY AND 00/100 ($115,260.00), with interest thereon as set forth therein, there will be sold 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, August 4, 2009, the following described property, to wit:
All that tract or parcel of land, together with all improvements thereon, lying and being in the 912th G.M. District, Banks County, Georgia, being Tract D, containing 2.00 acres, as per plat recorded in Plat Book F, Page 140, Banks County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
This conveyance is made subject to restriction and/or covenants of record, if any, easements of record and existing easements and rights of way for public roads and utilities now in use.
The property commonly known as 320 Garrison Shoals Road, Lula, Georgia 30554.
Map and Parcel Number: B07-051
The Debt secured by said Security Deed has been and is hereby declared due because of nonpayment of the indebtedness when due and in the manner provided in the Note and Security Deed. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of 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, 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 Nickolas Casey Turpin or, a tenant or tenants, and said property was or is commonly known as 320 Garrison Shoals Road, Lula, GA 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.
Chase Home Finance LLC As Attorney in Fact for Nickolas Casey Turpin
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 09-8254
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR, ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(JU8,15,22,29B/1327-50)
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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 BILLY KEITH NIX and DIANNE NIX to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 13, 2007, and recorded in Deed Book 307, Page 713, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Taylor, Bean & Whitaker Mortgage Corp., by Assignment securing a Note in the original principal amount of $131,950.00, 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, August 4, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in the 1206 District, G.M., Banks County, Georgia, consisting of Tract 1, containing 1.00 acre, more or less, and Tract 2 containing 5.00 acres, more or less, as shown by a plat of survey entitled “Survey for Billy Keith Nix”, prepared by Max Lewallen, Registered Land Surveyor, dated August 22, 1995, recorded in Plat Book 21, Page 35, in the Office of the Clerk of the Superior Court of Banks County, Georgia. The above referred to plat is expressly by reference made a part of this deed.
Subject to existing easements and rights of way.
Said property is known as 2097 Westbrook Road, Commerce, GA 30529, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of Billy Keith Nix and Dianne Nix, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Billy Keith Nix and Dianne Nix, 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.
Taylor, Bean & Whitaker Mortgage Corp. as Attorney-in-Fact for Billy Keith Nix and Dianne Nix
File no. 09-015503
SHAPIRO & SWERTFEGER*
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]
(JU8,15,22,29B/1323-60T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
On January 27, 2005, DENNIS L. NEFF executed a Security Deed to STEPHENS FEDERAL BANK, which is recorded in Deed Book 252, Pages 473-492, Banks County Records. The Security Deed secured a note of even date in the original principal amount of $78,000.00.
By virtue of the power of sale contained in said Security Deed, there will be sold by the undersigned at public outcry to the highest bidder, for cash before the Courthouse door in Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the same being August 4, 2009, the property described in and conveyed in said deed, to-wit:
All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 207 of Banks County, Georgia, and being Tract 49-B, 2.62 acres, as shown on that plat of survey for David Fuller, prepared by Jeff Weshner, Georgia Registered Land Surveyor, dated September 21, 1998, and recorded in Plat Book 24, Page 72, of the Banks County, Georgia Records. Said plat is incorporated herein by reference for a more complete description of the property.
LESS AND EXCEPT 1.00 acres as shown on that plat recorded in Plat Book 24, Page 73, of the Banks County, Georgia Plat Records.
TOGETHER WITH the right of ingress and egress to the above-referenced property by means of the 60-foot access easement as shown on the above-referenced plat. Said 60-foot access strip being reserved in the Warranty Deed to Georgia-Pacific Corporation recorded at Deed Book 105, Page 732, of the Banks County, Georgia Deed Records.
Also conveyed is a 1998 Sweetwater 24x66 Mobile Home bearing manufacturer’s I.D. #SHGA3894AB located on the above described property.
The debt secured by said Security Deed and Note has been and is hereby declared due because of non-payment thereof. The debt remaining in default, this sale will be made for the purpose of satisfying the same and all expenses of this sale.
This property will be sold as the property of Dennis L. Neff, his executor, administrator, heirs, beneficiaries, successors and/or assigns, as the case may be. Upon information and belief, this property is in the control of the executor, administrator, heirs at law or beneficiaries of Dennis L. Neff.
This property will be sold subject to any and all ad valorem taxes, the right of redemption of any taxing authority, any matters which might be disclosed by a current and accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and any other 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 said Security Deed.
The undersigned will execute a Deed Under Power of Sale to the purchaser at said sale as provided in the aforementioned Security Deed.
Dated this 1st day of July, 2009.
Stephens Federal Bank, Toccoa, Georgia, as Attorney in Fact for Dannis L. Neff.
DAVE STANCIL AT STEPHENS FEDERAL BANK, 2859 HWY 17 ALT., TOCCOA, GEORGIA 30577, TELEPHONE NUMBER 706-886-2111; SHALL HAVE FULL AUTHORITY TO NEGOTIATE, AMEND AND MODIFY THE TERMS OF THE MORTGAGE WITH THE DEBTOR.
McClure, Ramsay, Dickerson & Escoe, LLP
P.O. Drawer l408
Toccoa, Georgia 30577
(706) 886-3l78
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.
(JU8,15,22,29P4)
gpn11
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 by TERESA A. RUCKER to CITIFINANCIAL SERVICES, INC., dated July 24, 2001, and filed for record August 7, 2001, in Deed Book 176, Page 395, Banks County, Georgia Records, and securing a Note in the original principal amount of $39,014.50, 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 August 2009, by CitiFinancial Services, Inc. as Attorney-in-Fact for Teresa A. Rucker the following property to-wit:
ALL THAT PARCEL of land in the City of Commerce, Banks County, Georgia, State of Georgia, as more fully described in Deed Book 96, Page 296, being known and designated as 207th GMD, containing 1.00 acres, more or less, being part of Lot 15, Louise Martin Division, filed in Plat Book 19, Page 148, metes and bounds property.
BY FEE SIMPLE deed from Cornelius Rucker as set forth in Deed Book 96, Page 296, dated 05/02/1995 and recorded 05/03/1995, Banks county Records, State of Georgia.
The above described property is also known as 188 Browns Bridge Lane, Commerce, GA 30530.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all 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 Teresa A. Ru
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