Entries from September 2010
Eagles flog Leopards 38-0
Posted by
MainStreetNewsSports
in Sports
Friday, September 10. 2010
Banks County was 2-0 entering into tonight's game with 0-2 East Jackson and fans in Banks County were ready to celebrate win number three, but the Eagles were happy to disappoint and pick up their first W of the season. Banks County's offense looked strong in the first quarter, making deep into the red-zone with six yards to go before turning ... [Full Story »]
Updated: Friday Night Lights: September 10, 2010
Find out all of the local scores from your favorite teams as the 2010 football season continues. Check back each week after the games for the final scores from Apalachee, Banks County, Commerce, East Jackson, Jackson County, Jefferson, Madison County and Winder-Barrow. Scroll to bottom for the scoreboard. If you were at a game and the score is ... [Full Story »]
Banks County Public Records 09-08-10 pt 2
Posted by
Betty Small
in Public Notices
Friday, September 10. 2010
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID W. AMERSON and BRENDA L. AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David W. Amerson and Brenda L. Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/dw0 10/5/10
Our file no. 1892809-FT1
(SE8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated April 25, 2007, recorded in Deed Book 304, Page 643, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINETY-FIVE THOUSAND AND 0/100 DOLLARS ($295,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 317 Riverwood Lake Road, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, N.A. as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 10/5/10
Our file no. 52245310-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia and being Lots 10 and 11, Phase Two of the Riverwood Subdivision, as shown on a plat recorded in Plat Book 13, Page 150 of the Banks County, Georgia Plat Records. Said plat and the record thereof is incorporated herein by reference for a more complete and accurate description of the subject property.
LESS AND ACCEPT a 10 foot strip of land for ingress and egress easement and for a horse trail, located on Lot 11 only, which runs along the southeasternmost boundary line of Lot 11 for the entire distance of said boundary, which was conveyed from Michael E. Booch to Martha R. Head, by Warranty Deed, dated May 26, 1993, and recorded in Deed Book 80, Page 748 of the Banks County Georgia Deed Records. MR/ste 10/5/10 Our file no. 52245310 - FT10
(SE8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 3, 2002, executed by JOHN K. GROVES, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 200, Page 503, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $30,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain tract of land, containing 7.97 acres, more or less, known as the “John Jones Estate,” in the Poplar Springs (912th) District, G.M., of Banks County, State of Georgia; bounded now or formerly as follows: North by lands of Herbert Cape and Brenda B. McFadden; East by lands of Jones and Chitwood; South by lands of Rebecca B. Engle; and West by lands of Rebecca B. Engle and County Paved Road.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 10th day of October, 1980, and shown as Tract No. 3 therein, which plat is recorded in Plat Book 8, Page 107, of the Public Records of said Banks County and is by reference incorporated herein as part of this description.
Said lands are the identical lands described in that certain deed from Maggie Jones Bruce and Hammond C. Jones to Faythe B. Willis, dated September 10, 1981, and recorded in the Public Records of said Banks County, in Deed Book 24, Page 541.
The aforedescribed real property is also known as 126 Waterfront Way, Warner Robins, Georgia 31093, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of John K. Groves, Sr. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JOHN K. GROVES, SR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29B/1328-70T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 3, 2002, executed by JOHN K. GROVES, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 200, Page 503, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $30,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain tract of land, containing 7.97 acres, more or less, known as the “John Jones Estate,” in the Poplar Springs (912th) District, G.M., of Banks County, State of Georgia; bounded now or formerly as follows: North by lands of Herbert Cape and Brenda B. McFadden; East by lands of Jones and Chitwood; South by lands of Rebecca B. Engle; and West by lands of Rebecca B. Engle and County Paved Road.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 10th day of October, 1980, and shown as Tract No. 3 therein, which plat is recorded in Plat Book 8, Page 107, of the Public Records of said Banks County and is by reference incorporated herein as part of this description.
Said lands are the identical lands described in that certain deed from Maggie Jones Bruce and Hammond C. Jones to Faythe B. Willis, dated September 10, 1981, and recorded in the Public Records of said Banks County, in Deed Book 24, Page 541.
The aforedescribed real property is also known as 1446 Hickory Flat Road, Gillsville, Georgia 30543, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of John K. Groves, Sr. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JOHN K. GROVES, SR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
557304v1
007819-000955
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29B/1328-70T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by HENRY C. MORRIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 16, 2008, recorded in Deed Book 320, Page 407, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETY-NINE THOUSAND THREE HUNDRED EIGHTY-EIGHT AND 0/100 DOLLARS ($199,388.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Henry C. Morris or a tenant or tenants and said property is more commonly known as 140 Sullivan Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Henry C. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/wm2 10/5/10
Our file no. 52354110-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being shown as containing 1.06 acres, more or less, being Lot 35, Hidden Lake Subdivision, Phase 2, as per plat recorded in Plat Book C, Page 119, in the Office of the Clerk of Superior Court of Banks, County, Georgia, reference to which plat is made for a more complete description; and being improved property known as 140 Sullivan Drive, according to the present system of numbering property in the City of Homer, Banks County, Georgia. MR/wm2 10/5/10 Our file no. 52354110 - FT11
(SE8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 10/5/10
Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, Page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/klm 10/5/10 Our file no. 52164209 - FT7
(SE8,15,22,29B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from H. BRENT NICHOLSON to FREEDOM BANK OF GEORGIA, NKA NORTHEAST GEORGIA BANK, dated March 3, 2008, and securing and original indebtedness in the amount of $206,000.00, and recorded at Deed Book 321, Pages 822-824, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in October, 2010, the following described property, to wit:
All that tract or parcel of land lying and being in the Poplar Springs, 912th GMD, Banks County, State of Georgia, consisting of 7.70 acres, more or less, and identified as Tract #2, according to a plat made by Max Lewallen, Land Surveyor, for the John Jones Estate, dated October 10, 1980 and recorded in Plat Book 8, Page 107, Banks County, Georgia, deed records. Said plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Nicholson, subject to any taxes, easements and assessments appearing of record.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best of the undersigned’s knowledge, the property is in the possession of H. Brent Nicholson.
Northeast Georgia Bank, as attorneys in fact for H. Brent Nicholson.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(SE8,15,22,29B/344-40)
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Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Civil Action No. 10AD10RS
Melanie Stammer, Plaintiff
Natalie Askew, Defendant
To: NATALIE ASKEW
By Order for service by publication dated the 30th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed suit against you for a minor child. S.H.T., born August 24, 2002. Petition seeking to terminate your parental rights relating to said child.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046-2171, an Answer in writing within sixty (60) days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)
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Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Ådoption No. 10AD11RS
In Re: Petition of Melanie Stammer
For Adoption of: SAVANNAH FAITH ASKEW and EMILY GRACE ASKEW, minor children.
To: NATALIE VICTORIA ASKEW
By order for service by publication dated the 10th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed a Petition seeking to terminate your parental rights relating to said children.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046, an answer in writing within 60 days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)
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Poole Estate
Probate Court
of Banks County
Notice
Re: Petition of SWAYNE L. POOLE to probate in solemn form the will of RONALD MICHAEL POOLE, deceased, upon which an order for service was granted by this Court on 8-10-10.
TO: Josh Poole, all interested parties and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before October 4, 2010.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(SE8,15,22,29P4)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate JUST CHARLEE’S, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 339 Vaughn Rd., Homer, GA 30547, and its initial registered agent at such address is Shirlene Allen.
(SE8,15P2)
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Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAX JACKSON LEWALLEN , deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 24th day of August, 2010.
Jeannette Lewallen
Executor/Administrator
3399 Hwy. 63
Carnesville, GA 30521
(SE8,15,22,29P4)
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Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RICHEY LEWALLEN, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 30th day of August, 2010.
Willadean Lewallen
Executor/Administrator
3044 Hwy. 51 N.
Carnesville, GA 30521
(SE8,15,22,29P4)
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Notice of
Service by
Publication
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 10CV271B
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., asset-backed pass-through certificates, Series 2005-R3
Plaintiff,
v.
TERRY D. NOELL and PENNY NOELL
Defendants.
TO: Terry D. Noell and Penny Noell
768 Murray Road
Homer, GA 30547
YOU ARE HEREBY notified that the above styled action seeking equitable relief against real property was filed in said Court on May 3, 2010, and that by reason of an order for service by publication entered by the Court on August 5, 2010, you are hereby commanded and required to file with the Clerk of said Court and Serve upon Frank R. Olson, Plaintiff’s Attorney, whose address is McCurdy & Candler, LLC, Six Piedmont Center, Suite 700, 3525 Piedmont Road, NE, Atlanta, Georgia 30305, an Answer to the complaint within sixty (60) days of August 5, 2010.
Witness the Honorable Joseph H. Booth, Judge of Said Court.
This the ____ day of _____, 2010.
By: _____, Clerk,
Superior Court of Banks County
Prepared by:
Frank R. Olson
Georgia Bar No: 553077
McCurdy Candler, LLC
Six Piedmont Center, Suite 700
3525 Piedmont Road, NE
Atlanta, Georgia 30305
Attorney for Plaintiff
(SE1,8,15,22P4)
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Inc. Notice
Notice is given that Articles of Incorporation that will incorporate SPN DRYWALL, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code.
The initial registered office of the corporation is located at 258 Peyton Road, Alto, GA 30510, and its initial registered agent at such address is Shelia Peyton Neave.
(SE1,8P2)
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Samples Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JUNO W. SAMPLES, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 19th day of August, 2010.
Robbie Lee Samples
Executor/Administrator
165 Ottis Ray Street
Homer, Georgia 30547
(SE1,8,15,22P4)
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Morris Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MINNIE RUTH MORRIS, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 6th day of August, 2010.
Linda Wehunt
Executor/Administrator
2937 Gillsville Hwy.
Gainesville, GA 30507
(AU18,25,SE1,8P4)
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Wilbanks
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ANNIE RUTH S. WILBANKS, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 20 day of August, 2010.
David Wilbanks
Executor/Administrator
6825 Highway 115 East
Cleveland, GA 30528
(SE1,8,15,22P4)
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DAVID W. AMERSON and BRENDA L. AMERSON to OPTION ONE MORTGAGE CORPORATION, dated June 30, 2004, recorded in Deed Book 241, Page 115, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 by assignment recorded in Deed Book 350, Page 73, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-FIVE THOUSAND AND 0/100 DOLLARS ($55,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th District, G.M., Banks County, Georgia, containing 5.01 acres, more or less, being shown on a plat of survey prepared for David Amerson, dated June 1, 1990, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 15, Page 153, in the Office of the Clerk of Superior Court, Banks County, Georgia, reference being made thereto for a more complete description of the property herein described. Also conveyed herewith is a twenty foot (20’) easement for ingress and egress as shown on the aforementioned plat of survey. The residence situate on the above tract of land is known and designated as 302 Vaughn Road according to the present system of numbering residences in Banks County, Georgia. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). American Home Mortgage Servicing Inc. can be contacted at 877-304-3100 or by writing to 6501 Irvine Center Drive, Irvine, CA 92618, to discuss possible alternatives to foreclosure. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is David W. Amerson and Brenda L. Amerson or a tenant or tenants and said property is more commonly known as 302 Vaughn Rd., Homer, Georgia 30547-2217. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, N.A., as Trustee for ABFC 2004-OPT 5 Trust, ABFC Asset-Backed Certificates, Series 2004-OPT5 as Attorney in Fact for David W. Amerson and Brenda L. Amerson
Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/dw0 10/5/10
Our file no. 1892809-FT1
(SE8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by GERRY A. DALTON to BANK OF AMERICA, N.A., dated April 25, 2007, recorded in Deed Book 304, Page 643, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINETY-FIVE THOUSAND AND 0/100 DOLLARS ($295,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Gerry A. Dalton or a tenant or tenants and said property is more commonly known as 317 Riverwood Lake Road, Lula, Georgia 30554. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, N.A. as Attorney in Fact for Gerry A. Dalton
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ste 10/5/10
Our file no. 52245310-FT10
EXHIBIT “A”
All that tract or parcel of land lying and being in the 912th GMD of Banks County, Georgia and being Lots 10 and 11, Phase Two of the Riverwood Subdivision, as shown on a plat recorded in Plat Book 13, Page 150 of the Banks County, Georgia Plat Records. Said plat and the record thereof is incorporated herein by reference for a more complete and accurate description of the subject property.
LESS AND ACCEPT a 10 foot strip of land for ingress and egress easement and for a horse trail, located on Lot 11 only, which runs along the southeasternmost boundary line of Lot 11 for the entire distance of said boundary, which was conveyed from Michael E. Booch to Martha R. Head, by Warranty Deed, dated May 26, 1993, and recorded in Deed Book 80, Page 748 of the Banks County Georgia Deed Records. MR/ste 10/5/10 Our file no. 52245310 - FT10
(SE8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 3, 2002, executed by JOHN K. GROVES, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 200, Page 503, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $30,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain tract of land, containing 7.97 acres, more or less, known as the “John Jones Estate,” in the Poplar Springs (912th) District, G.M., of Banks County, State of Georgia; bounded now or formerly as follows: North by lands of Herbert Cape and Brenda B. McFadden; East by lands of Jones and Chitwood; South by lands of Rebecca B. Engle; and West by lands of Rebecca B. Engle and County Paved Road.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 10th day of October, 1980, and shown as Tract No. 3 therein, which plat is recorded in Plat Book 8, Page 107, of the Public Records of said Banks County and is by reference incorporated herein as part of this description.
Said lands are the identical lands described in that certain deed from Maggie Jones Bruce and Hammond C. Jones to Faythe B. Willis, dated September 10, 1981, and recorded in the Public Records of said Banks County, in Deed Book 24, Page 541.
The aforedescribed real property is also known as 126 Waterfront Way, Warner Robins, Georgia 31093, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of John K. Groves, Sr. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JOHN K. GROVES, SR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29B/1328-70T4P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 3, 2002, executed by JOHN K. GROVES, SR. to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 200, Page 503, Banks County, Georgia Deed Records, and securing a Note in the original principal amount of $30,000.00, said Security Deed and Note last having been assigned to Ocwen Loan Servicing, LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in October, 2010, to-wit: October 5, 2010, during the legal hours of sale, before the Banks County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that certain tract of land, containing 7.97 acres, more or less, known as the “John Jones Estate,” in the Poplar Springs (912th) District, G.M., of Banks County, State of Georgia; bounded now or formerly as follows: North by lands of Herbert Cape and Brenda B. McFadden; East by lands of Jones and Chitwood; South by lands of Rebecca B. Engle; and West by lands of Rebecca B. Engle and County Paved Road.
Said tract of land being more particularly described according to a plat of survey prepared by Max Lewallen, Surveyor, on the 10th day of October, 1980, and shown as Tract No. 3 therein, which plat is recorded in Plat Book 8, Page 107, of the Public Records of said Banks County and is by reference incorporated herein as part of this description.
Said lands are the identical lands described in that certain deed from Maggie Jones Bruce and Hammond C. Jones to Faythe B. Willis, dated September 10, 1981, and recorded in the Public Records of said Banks County, in Deed Book 24, Page 541.
The aforedescribed real property is also known as 1446 Hickory Flat Road, Gillsville, Georgia 30543, according to the present system of numbering houses in Banks County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of John K. Groves, Sr. and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
OCWEN LOAN SERVICING, LLC as Attorney-in-Fact for JOHN K. GROVES, SR.
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
557304v1
007819-000955
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29B/1328-70T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by HENRY C. MORRIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 16, 2008, recorded in Deed Book 320, Page 407, Banks County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETY-NINE THOUSAND THREE HUNDRED EIGHTY-EIGHT AND 0/100 DOLLARS ($199,388.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Bank of America, 177 Countrywide Way, Mail Stop: CAO-911-01-05, Lancaster, CA 93536, (661) 951-5722. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Henry C. Morris or a tenant or tenants and said property is more commonly known as 140 Sullivan Drive, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP as Attorney in Fact for Henry C. Morris
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/wm2 10/5/10
Our file no. 52354110-FT11
EXHIBIT “A”
All that tract or parcel of land lying and being in the City of Homer, 265th District, G.M., Banks County, Georgia, and being shown as containing 1.06 acres, more or less, being Lot 35, Hidden Lake Subdivision, Phase 2, as per plat recorded in Plat Book C, Page 119, in the Office of the Clerk of Superior Court of Banks, County, Georgia, reference to which plat is made for a more complete description; and being improved property known as 140 Sullivan Drive, according to the present system of numbering property in the City of Homer, Banks County, Georgia. MR/wm2 10/5/10 Our file no. 52354110 - FT11
(SE8,15,22,29B/19698-70T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by HENRY M. WILHELM, III and LINDA G. WILHELM to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 29, 2007, recorded in Deed Book 298, Page 808, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA by assignment recorded in Deed Book 345, Page 722, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Henry M. Wilhelm, III and Linda G. Wilhelm or a tenant or tenants and said property is more commonly known as 156 Harden Bridge Road, Commerce, Georgia 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for Henry M. Wilhelm, III and Linda G. Wilhelm
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/klm 10/5/10
Our file no. 52164209-FT7
EXHIBIT “A”
All that tract or parcel of land lying and being in the 208th District, G.M., Banks County, Georgia, and being that 2.00 acres, more or less, as more particularly shown on a plat of survey prepared for Mable Miller by Ringo & Sadler, registered surveyor, dated June 2, 2003, recorded in Plat book 27, Page 171, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. MR/klm 10/5/10 Our file no. 52164209 - FT7
(SE8,15,22,29B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from H. BRENT NICHOLSON to FREEDOM BANK OF GEORGIA, NKA NORTHEAST GEORGIA BANK, dated March 3, 2008, and securing and original indebtedness in the amount of $206,000.00, and recorded at Deed Book 321, Pages 822-824, in the Office of the Clerk of Superior Court of Banks County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, during the legal hours of sale on the first Tuesday in October, 2010, the following described property, to wit:
All that tract or parcel of land lying and being in the Poplar Springs, 912th GMD, Banks County, State of Georgia, consisting of 7.70 acres, more or less, and identified as Tract #2, according to a plat made by Max Lewallen, Land Surveyor, for the John Jones Estate, dated October 10, 1980 and recorded in Plat Book 8, Page 107, Banks County, Georgia, deed records. Said plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Nicholson, subject to any taxes, easements and assessments appearing of record.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
To the best of the undersigned’s knowledge, the property is in the possession of H. Brent Nicholson.
Northeast Georgia Bank, as attorneys in fact for H. Brent Nicholson.
Scott R. Tolbert
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.scotttolbert.com
(SE8,15,22,29B/344-40)
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Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Civil Action No. 10AD10RS
Melanie Stammer, Plaintiff
Natalie Askew, Defendant
To: NATALIE ASKEW
By Order for service by publication dated the 30th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed suit against you for a minor child. S.H.T., born August 24, 2002. Petition seeking to terminate your parental rights relating to said child.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046-2171, an Answer in writing within sixty (60) days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)
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Notice
for Publication
In the Superior Court of Habersham County
State of Georgia
Ådoption No. 10AD11RS
In Re: Petition of Melanie Stammer
For Adoption of: SAVANNAH FAITH ASKEW and EMILY GRACE ASKEW, minor children.
To: NATALIE VICTORIA ASKEW
By order for service by publication dated the 10th day of August, 2010, you are hereby notified that on the 10th day of June, 2010, MELANIE STAMMER filed a Petition seeking to terminate your parental rights relating to said children.
You are required to file with the Clerk of the Superior Court, and serve upon Plaintiff’s attorney, James B. Johnson, Jr., P.O. Box 2171, Lawrenceville, GA 30046, an answer in writing within 60 days of the date of the order for publication.
WITNESS the Honorable Russell W. Smith, Judge of this Superior Court.
This the 30th day of August, 2010.
By: David C. Wall
Clerk, Superior Court
555 Monroe Street
Clarksville, GA 30523
(SE8,15,22,29P4)
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Poole Estate
Probate Court
of Banks County
Notice
Re: Petition of SWAYNE L. POOLE to probate in solemn form the will of RONALD MICHAEL POOLE, deceased, upon which an order for service was granted by this Court on 8-10-10.
TO: Josh Poole, all interested parties and all and singular the heirs of said decedent, and to whom it may concern.
This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before October 4, 2010.
BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
Betty Thomas
Probate Judge
By: Kathy Hill
Clerk of the Probate Court
Banks County Probate Court
144 Yonah-Homer Rd.
Suite 7
Homer, GA 30547
706-677-6250
(SE8,15,22,29P4)
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Inc. Notice
Notice is given that Articles of Incorporation which will incorporate JUST CHARLEE’S, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 339 Vaughn Rd., Homer, GA 30547, and its initial registered agent at such address is Shirlene Allen.
(SE8,15P2)
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Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MAX JACKSON LEWALLEN , deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 24th day of August, 2010.
Jeannette Lewallen
Executor/Administrator
3399 Hwy. 63
Carnesville, GA 30521
(SE8,15,22,29P4)
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Lewallen Estate
Notice to Debtors
and Creditors
All creditors of the Estate of RICHEY LEWALLEN, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
This 30th day of August, 2010.
Willadean Lewallen
Executor/Administrator
3044 Hwy. 51 N.
Carnesville, GA 30521
(SE8,15,22,29P4)
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Notice of
Service by
Publication
In the Superior Court
of Banks County
State of Georgia
Civil Action File No. 10CV271B
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., asset-backed pass-through certificates, Series 2005-R3
Plaintiff,
v.
TERRY D. NOELL and PENNY NOELL
Defendants.
TO: Terry D. Noell and Penny Noell
768 Murray Road
Homer, GA 30547
YOU ARE HEREBY notified that the above styled action seeking equitable relief against real property was filed in said Court on May 3, 2010, and that by reason of an order for service by publication entered by the Court on August 5, 2010, you are hereby commanded and required to file with the Clerk of said Court and Serve upon Frank R. Olson, Plaintiff’s Attorney, whose address is McCurdy & Candler, LLC, Six Piedmont Center, Suite 700, 3525 Piedmont Road, NE, Atlanta, Georgia 30305, an Answer to the complaint within sixty (60) days of August 5, 2010.
Witness the Honorable Joseph H. Booth, Judge of Said Court.
This the ____ day of _____, 2010.
By: _____, Clerk,
Superior Court of Banks County
Prepared by:
Frank R. Olson
Georgia Bar No: 553077
McCurdy Candler, LLC
Six Piedmont Center, Suite 700
3525 Piedmont Road, NE
Atlanta, Georgia 30305
Attorney for Plaintiff
(SE1,8,15,22P4)
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Inc. Notice
Notice is given that Articles of Incorporation that will incorporate SPN DRYWALL, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code.
The initial registered office of the corporation is located at 258 Peyton Road, Alto, GA 30510, and its initial registered agent at such address is Shelia Peyton Neave.
(SE1,8P2)
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Samples Estate
Notice to Debtors
and Creditors
All creditors of the Estate of JUNO W. SAMPLES, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 19th day of August, 2010.
Robbie Lee Samples
Executor/Administrator
165 Ottis Ray Street
Homer, Georgia 30547
(SE1,8,15,22P4)
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Morris Estate
Notice to Debtors
and Creditors
All creditors of the Estate of MINNIE RUTH MORRIS, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 6th day of August, 2010.
Linda Wehunt
Executor/Administrator
2937 Gillsville Hwy.
Gainesville, GA 30507
(AU18,25,SE1,8P4)
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Wilbanks
Estate
Notice to Debtors
and Creditors
All creditors of the Estate of ANNIE RUTH S. WILBANKS, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us.
THIS 20 day of August, 2010.
David Wilbanks
Executor/Administrator
6825 Highway 115 East
Cleveland, GA 30528
(SE1,8,15,22P4)
Banks County Public Records 09-08-10 pt 1
Posted by
Betty Small
in Public Notices
Friday, September 10. 2010
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ROBERT W BONE to JPMORGAN CHASE BANK, N.A., dated 05/15/2009, and Recorded on 05/20/2009 as Book No. 340 and Page Nos. 120-138, BANKS County, Georgia records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $135,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.018 acres, more or less, designated as Lot 7, Block B, on a plat of survey for Hebron Place Subdivision, prepared by Landmark Engineering Corporation, Registered Surveyor, dated September 14, 2006, recorded in Plat G, at Page 49, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 141 MEADOW CREEK COURT, COMMERCE, GEORGIA 30530 is/are: ROBERT W BONE or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for ROBERT W BONE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432507
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Pursuant to the Power of Sale contained in a Security Deed given by KENNETH D. TEETS to WELLS FARGO BANK, NA dated 1/4/2006 and recorded in Deed Book 274, Page 181, Banks County, Georgia Records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of $68,820.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 (October 5, 2010), the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.03 acres, more or less, designated as Lot 8, Unit One, River Run Estates Subdivision, as more particularly shown on a plat of survey prepared for H. G. Harris by Russell Bartlett, Registered Surveyor, dated November 9, 1987, recorded at Plat Book 13, Page 99, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with an improvements and immovable fixture permanently attached thereto, a 1997 Cavalier Mobile Home, Vin 25327AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 284 Water Plant Road, Commerce GA 30529 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Kenneth D. Teets and Kelly S. Cronic or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Kenneth D. Teets
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
By virtue of the Power of Sale contained in a Security Deed given by Charles E. Davenport and KIMBERLY D. WINGFIELD to AMERICAN FARM PROPERTIES, INC., dated March 17, 1995, and recorded in Deed Book 104, Page 132, Banks County, Georgia Records, in the original principal amount of TWENTY-FIVE THOUSAND EIGHT HUNDGRED AND NO/100 DOLLARS ($25,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land, lying and being in the 208th District, G.M., Banks County, Georgia, and being known as Farm #6, in the Spring Lake Farms Subdivision as shown on a plat recorded in Plat Book 13, Page 81, in the Office of the Clerk of Banks County Superior Court, to which reference is made for a more complete description and containing 7.41 acres.
Said property is commonly known as 1570 GA Hwy. 164, Commerce, Georgia 30530.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events, default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Charles E. Davenport and Kimberly D. Wingfield or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Beverly Cooper at Hurdle Realty, Hurdle & Burch Building, 104-A East College Avenue, Post Office Box 788, Holly Springs, MS, 38635, (662) 252-4592, is the person who has full authority to negotiate, amend and modify all terms of the mortgage with the Debtor.
AMERICAN FARM PROPERTIES, INC. AS ATTORNEY-IN-FACT FOR CHARLES E. DAVENPORT and
KIMBERLY D. WINGFILED
Wanda L. Barnett & Associates, P.C.
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(SE8,15,22,29B/783-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from HAMMER’S GLEN, LLC to UNITED COMMUNITY BANK, dated June 8, 2006, recorded June 21, 2006, in Deed Book 283, Page 626, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 88, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in the Town of Homer, 265 and 1210 District, G.M., Banks County, Georgia, containing 10.313 acres, more or less, as shown on a plat of survey for Butch Hanson, prepared by Barry D. Lord, GRLS #2641, dated May 9, 2006, recorded in Plat Book F, Page 62, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is HAMMER’S GLEN, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02489
(SE8,15,22,29B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale
in Deed to Secure Debt
State of Georgia
Counties of
Banks and Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GREG SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 6, 2007 and recorded on September 7, 2007, in Deed Book 312, Pages 107-109, Banks County, Georgia records and recorded on September 19, 2007 in Deed Book 50D, Pages 309-311, Jackson County, Georgia Records. These Security Deeds secure a Note dated September 6, 2007, in the original principal amount of $215,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 9.08 acres, more or less, designated as Tract 4, on a plat of survey prepared for the Estate of Gilbert Lord by Clelland A. Tyson, Registered Surveyor, dated February 25, 1981, recorded in Plat Book 8, Page 179, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 17, Page 210, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255 District, G.M., Jackson County, Georgia, and being that 3.81 acres, more or less, designated as Tract No. 4A; and that 4.24 acres, more or less, designated as Tract No. 4B, on a plat of survey prepared for Gene Shore by Slate & Assoc., Inc., Registered Surveyor, dated February 20, 2004, recorded in Plat Book 28, Page 101, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 65, Page 169, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a party hereof by reference for a more detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Greg Shore and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Greg Shore.
THIS PROPERTY IS LOCATED IN BANKS COUNTY AND JACKSON COUNTY, THE SALE OF THE PROPERTY PURSUANT TO THIS ADVERTISEMENT SHALL TAKE PLACE BEFORE THE COURTHOUSE DOORS IN BANKS COUNTY, GEORGIA ON THE FIRST TUESDAY IN OCTOBER, 2010.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Greg Shore
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC. a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 09/27/2005, and recorded 09/29/2005, in Deed Book 267, Pages 29-34, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010, and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 465th District, G.M., Banks County, Georgia, designated as Lot 8, encompassing 1.59 acres, more or less, as shown on a plat of survey entitled “Survey For Sabrina K. Brady”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Land Surveyor No. 2629, dated January 15, 1998, and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia, in Plat Book 22, Page 146, which plat and the recording thereof are by reference incorporated herein for a more complete and detailed description, the Grantor/Borrower represents, covenants and agrees that the Mobile Home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
Also conveyed herewith is a 1996 Peachstate Mobile Home, VIN# PSHGA19225A and PSHGA19225B.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Russell Property Management, LLC. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-202
(SE8,15,22,29B/19761-70T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from MISTY MCDUFFIE to COMMUNITY BANK AND TRUST dated 07/21/2008, and recorded 07/21/2008, in Deed Book 328, Pages 770-772, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010, and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Misty McDuffie the following described property:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, and being that 0.93 acres more or less, designated as Lot 4, on a Plat of Survey prepared for Eugene Montgomery by Max Lewallen, Registered Surveyor, dated November 18, 1983, recorded in Plat Book 10, Page 118, in the office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT: A fifteen foot (15 ft.) strip of land described and conveyed by Warranty Deed dated July 8, 1986 to Banks County as recorded in Deed Book 39, Page 640. Said tract being for a county road. Restrictive Covenant: No commercial animal or junk cars shall be placed upon the property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Misty McDuffie or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Misty McDuffie.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # 10-230
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from LEN B. DALTON, JR. to COMMUNITY BANK AND TRUST dated 06/18/2007, and recorded 07/26/2007, in Deed Book 309, Pages 567-569, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Len B. Dalton, Jr. the following described property:
All that tract or parcel of land lying and being in the 1580 G.M.D. of Banks County, Georgia, containing 35.0 acres, more or less, as shown on a plat of survey for Len Dalton as prepared by Lovell, Duvall, Miller & Associates, Inc., dated September 26, 2006, revised October 26, 2006, and being recorded among Banks County, Georgia Records in Plat Book F, Page 119, said plat being incorporated herein by reference for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Len B. Dalton, Jr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Len B. Dalton, Jr.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # 10-235
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale from KIMBERLY DAWN MCELREATH & MISTY DAWN MCDUFFIE to COMMUNITY BANK AND TRUST dated 04/25/2007, and recorded 05/01/2007, in Deed Book 304, Pages 356-358, Banks County, Georgia Deed Records, as modified by that Renewal Loan Agreement recorded 04/20/2009 in Deed Book 338, Page 813, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kimberly Dawn McElreath & Misty Dawn McDuffie the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, being Lot 15 of Athena’s Way more particularly described and delineated according to a plat and survey prepared by Ingram Lord and Associates, certified by Barry D. Lord, Georgia Registered Land Surveyor, dated August 24, 2005 and recorded in Plat Book F, Page 18, in the office of the Clerk of Superior Court Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Kimberly Dawn McElreath & Misty Dawn McDuffie or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Kimberly Dawn McElreath & Misty Dawn McDuffie.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
Ad # F10-213
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC., a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 12/16/2005, and recorded 12/28/2005, in Deed Book 273, Pages 226-231, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 465th GMD, of Banks County, Georgia, being Lot 12, River Run Estates, Unit Two, as per plat recorded in Plat Book 13, Page 98, records of Banks County, Georgia, which plat is incorporated herein by reference.
Also conveyed herewith is a 2000 Sweetwater Mobile Home, Manufacturers ID #SHGA5648A and #SHGA5648B.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Russell Property Management, LLC. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-203
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from TERRY THOMAS to REGIONS BANK, dated July 9, 2009, recorded July 27, 2009, in Deed Book 343, Page 350, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of ONE HUNDRED FOUR THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND SEVENTY-FIVE CENTS ($104,568.75), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987 and recorded among Banks County, Georgia Records in Plat Book 13, Page 57, said plat being incorporated herein by reference for a more full and complete description. Also conveyed are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above-described property from U.S. Highway 441.
Said property being known as 235 Burma Road, Alto, GA 30510 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Terry Thomas or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Terry Thomas.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from HAMMER’S GLEN, LLC and GLEN H. HAMMER to UNITED COMMUNITY BANK, dated September 26, 2003, recorded October 1, 2003, in Deed Book 223, Page 448, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 91, Banks County, Georgia records, also that certain Assignment of Leases and Rents dated September 26, 2003, recorded in Deed Book 223, Page 470, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC; with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, containing 363.03 acres, more or less, and being more particularly described in that certain Plat of Survey by Hubert Lovell, Georgia Registered Surveyor No. 1553, dated April 2, 1997 and revised May 19, 1998, recorded in the real estate records of Banks County, Georgia in Plat Book B, Page 118. By this reference said plat is hereby incorporated for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being is the 1210th G.M. District, Banks County, Georgia, containing 0.58 acres, more or less, and being more particularly described by plat of survey prepared for Soales Development Co., LLC dated March 22, 1999, by Hubert Love1l & Associates, recorded in Plat Book C, Page 14, Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the Property.
LESS AND EXCEPT:
An that tract or pared of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.72 acres, more or less, and being more particularly described by plat of survey prepared for Soales Creek Development Co., LLC, dated March 24, 1999, by Hubert Love11 & Associates, recorded in Plat Book 24, Page 33, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing one acre, more or less, and being Tracts One and Two as more particularly shown on a plat of survey prepared for Soales Creek Development Co., LLC, dated March 24, 1999, revised December 31, 2001, by Kenyon L. Miller, recorded in Plat Book 26, Page 122, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is HAMMER’S GLEN, LLC and GLEN H. HAMMER or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC and GLEN H. HAMMER
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02490
(SE8,15,22,29B/16022-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KYLE A. UNBEHANT AND RACHEL L. WECKESSER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR HOMESTAR FINANCIAL CORPORATION, dated 04/26/2007, and Recorded on 05/14/2007 as Book No. 305 and Page Nos. 246-263, BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $123,525.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in Hollingsworth District, G.M., Banks County, Georgia, and being shown and designated as Lot 12, containing 0.73 acres, more or less, as shown on plat of survey prepared for L & M Development by Holcomb Surveying, Inc., RLS, dated November 6, 2005, and recorded among Banks County, Georgia Records, in Plat Book 30, Page 27, said plat being incorporated herein by reference for a more full and complete description.
Subject to an easement for ingress and egress via the course of a gravel drive over and across Lot 12 leading to and from Moss Mill Road, a county road, as shown on plat of survey recorded among Banks County, Georgia Records in Plat Book 30, Page 28.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 693 MOSS MILL ROAD, BALDWIN, GEORGIA 30511 is/are: KYLE A. UNBEHANT and RACHEL L. WECKESSER or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for KYLE A UNBEHANT AND RACHEL L WECKESSER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432538
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MATTHEW EUGENE GOSNELL and KATHERINE D. GOSNELL to REGIONS BANK, dated February 23, 2004, recorded March 3, 2004, in Deed Book 232, Page 28, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of FORTY-TWO THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND EIGHTY-TWO CENTS ($42,870.82), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land containing 34.91 acres, more or less, lying and being in the 265th District, G.M., of Banks County, Georgia, and more fully described as follows:
Beginning at a point on the Hudson River at the mouth of a creek entering said river from the Clark Property thence along the center line of the river generally as follows: north 61 degrees 24 minutes east 45.40 feet, and north 45 degrees 30 minutes east 177.5 feet and south 52 degrees 37 minutes east 130.5 feet and north 49 degrees 24 minutes east 91.7 feet and north 01 degrees 03 minutes west 156.9 feet and north 83 degrees 05 minutes east 78.7 feet and south 43 degrees 30 minutes east 252.7 feet and south 09 degrees 07 minutes east 318.3 feet and south 26 degrees 41 minutes east 164.4 and south 48 degrees 11 minutes east 104.37 feet; thence leaving the river south 23 degrees 35 minutes 28 seconds west 767.87 feet to an iron pin; thence north 69 degrees 37 minutes 32 seconds west 1825.7 feet; thence along line of Baines Property north 34 degrees 9 minutes east 457.07 feet; thence north 83 degrees 29 minutes east 977.5 feet to the beginning corner.
Together with right of access over existing field or Woods Road from County Road which leads to Highway 98, being same property shown in warranty deed from J.M. McCurry to Thomas Edward Ayers, dated June 30, 1982, recorded in the public records of Banks County in Deed Book 26, Page 416.
Less and Except:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 10.078 acres, more or less, as more particularly shown on a plat of survey prepared for Ned D. Sims and Yari D. Sims by Savage and Associates, Registered Surveyor, dated December 13, 2002, recorded in Plat Book 27, Page 164, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 20 foot ingress-egress easement as more particularly shown on plat of survey referenced herein above.
Less and Except:
All that tract or parcel of land, containing 5.06 acres, more or less, in the 265th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by the Hudson River; east by Hudson River and lands of Matthew Gosnell; south by lands of Matthew Gosnell; and west by lands of Matthew Gosnell. Said tract of land being more particularly described according to a plat of survey prepared by David L. Ringo, Surveyor, on May 24, 2002, for Jonathon Gosnell, which plat is recorded in Plat Book 27, Page 61 of the public records of Banks County, and is by reference incorporated herein as part of this description.
Said property being known as 304 Marion Cape Drive, Homer, GA 30547 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Matthew Eugene Gosnell or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Matthew Eugene Gosnell and Katherine D. Gosnell.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
[Full Story »]
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by ROBERT W BONE to JPMORGAN CHASE BANK, N.A., dated 05/15/2009, and Recorded on 05/20/2009 as Book No. 340 and Page Nos. 120-138, BANKS County, Georgia records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $135,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.018 acres, more or less, designated as Lot 7, Block B, on a plat of survey for Hebron Place Subdivision, prepared by Landmark Engineering Corporation, Registered Surveyor, dated September 14, 2006, recorded in Plat G, at Page 49, in the Office of the Clerk of Superior Court of Banks County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 141 MEADOW CREEK COURT, COMMERCE, GEORGIA 30530 is/are: ROBERT W BONE or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for ROBERT W BONE.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432507
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Pursuant to the Power of Sale contained in a Security Deed given by KENNETH D. TEETS to WELLS FARGO BANK, NA dated 1/4/2006 and recorded in Deed Book 274, Page 181, Banks County, Georgia Records; as last transferred to Wells Fargo Bank, NA by Assignment filed for record in Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of $68,820.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 (October 5, 2010), the following described property:
All that tract or parcel of land lying and being in the 465th District, G.M., Banks County, Georgia, and being that 1.03 acres, more or less, designated as Lot 8, Unit One, River Run Estates Subdivision, as more particularly shown on a plat of survey prepared for H. G. Harris by Russell Bartlett, Registered Surveyor, dated November 9, 1987, recorded at Plat Book 13, Page 99, in the office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Together with an improvements and immovable fixture permanently attached thereto, a 1997 Cavalier Mobile Home, Vin 25327AB.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property is commonly known as 284 Water Plant Road, Commerce GA 30529 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Kenneth D. Teets and Kelly S. Cronic or tenant or tenants.
Said property will be sold subject to: (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be disclosed by an accurate survey and inspection of the property, and (d) any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above.
Wells Fargo Bank, NA as agent and Attorney in Fact for Kenneth D. Teets
Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400.
THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
By virtue of the Power of Sale contained in a Security Deed given by Charles E. Davenport and KIMBERLY D. WINGFIELD to AMERICAN FARM PROPERTIES, INC., dated March 17, 1995, and recorded in Deed Book 104, Page 132, Banks County, Georgia Records, in the original principal amount of TWENTY-FIVE THOUSAND EIGHT HUNDGRED AND NO/100 DOLLARS ($25,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land, lying and being in the 208th District, G.M., Banks County, Georgia, and being known as Farm #6, in the Spring Lake Farms Subdivision as shown on a plat recorded in Plat Book 13, Page 81, in the Office of the Clerk of Banks County Superior Court, to which reference is made for a more complete description and containing 7.41 acres.
Said property is commonly known as 1570 GA Hwy. 164, Commerce, Georgia 30530.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events, default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Charles E. Davenport and Kimberly D. Wingfield or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Beverly Cooper at Hurdle Realty, Hurdle & Burch Building, 104-A East College Avenue, Post Office Box 788, Holly Springs, MS, 38635, (662) 252-4592, is the person who has full authority to negotiate, amend and modify all terms of the mortgage with the Debtor.
AMERICAN FARM PROPERTIES, INC. AS ATTORNEY-IN-FACT FOR CHARLES E. DAVENPORT and
KIMBERLY D. WINGFILED
Wanda L. Barnett & Associates, P.C.
88 Washington Street
P. O. Box 99
Jefferson, Georgia 30549
(706) 367-8030
(SE8,15,22,29B/783-60)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from HAMMER’S GLEN, LLC to UNITED COMMUNITY BANK, dated June 8, 2006, recorded June 21, 2006, in Deed Book 283, Page 626, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 88, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in the Town of Homer, 265 and 1210 District, G.M., Banks County, Georgia, containing 10.313 acres, more or less, as shown on a plat of survey for Butch Hanson, prepared by Barry D. Lord, GRLS #2641, dated May 9, 2006, recorded in Plat Book F, Page 62, in the Office of the Clerk of Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed description. Subject to existing easements and rights of way for public roads and utilities now in use.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is HAMMER’S GLEN, LLC or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02489
(SE8,15,22,29B/16022-50T1P)
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Notice of Sale
Advertisement of Sale Under Power of Sale
in Deed to Secure Debt
State of Georgia
Counties of
Banks and Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the (Security Deed() from GREG SHORE to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated September 6, 2007 and recorded on September 7, 2007, in Deed Book 312, Pages 107-109, Banks County, Georgia records and recorded on September 19, 2007 in Deed Book 50D, Pages 309-311, Jackson County, Georgia Records. These Security Deeds secure a Note dated September 6, 2007, in the original principal amount of $215,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010 the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255th District, G.M., Jackson County, Georgia, and being that 9.08 acres, more or less, designated as Tract 4, on a plat of survey prepared for the Estate of Gilbert Lord by Clelland A. Tyson, Registered Surveyor, dated February 25, 1981, recorded in Plat Book 8, Page 179, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 17, Page 210, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and the 255 District, G.M., Jackson County, Georgia, and being that 3.81 acres, more or less, designated as Tract No. 4A; and that 4.24 acres, more or less, designated as Tract No. 4B, on a plat of survey prepared for Gene Shore by Slate & Assoc., Inc., Registered Surveyor, dated February 20, 2004, recorded in Plat Book 28, Page 101, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and recorded in Plat Book 65, Page 169, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and incorporated herein and made a party hereof by reference for a more detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney(s fees. (Notice of intent to collect attorneys fees having been given.)
Said property will be sold as the property of Greg Shore and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Greg Shore.
THIS PROPERTY IS LOCATED IN BANKS COUNTY AND JACKSON COUNTY, THE SALE OF THE PROPERTY PURSUANT TO THIS ADVERTISEMENT SHALL TAKE PLACE BEFORE THE COURTHOUSE DOORS IN BANKS COUNTY, GEORGIA ON THE FIRST TUESDAY IN OCTOBER, 2010.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Greg Shore
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC. a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 09/27/2005, and recorded 09/29/2005, in Deed Book 267, Pages 29-34, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010, and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company, the following described property:
ALL THAT TRACT OR PARCEL OF LAND lying and being in the 465th District, G.M., Banks County, Georgia, designated as Lot 8, encompassing 1.59 acres, more or less, as shown on a plat of survey entitled “Survey For Sabrina K. Brady”, prepared by Slate & Associates, Inc., certified by G. Brian Slate, Georgia Registered Land Surveyor No. 2629, dated January 15, 1998, and being of record in the Office of the Clerk of Superior Court for Banks County, Georgia, in Plat Book 22, Page 146, which plat and the recording thereof are by reference incorporated herein for a more complete and detailed description, the Grantor/Borrower represents, covenants and agrees that the Mobile Home located on the land is to remain on the land and has been permanently affixed to the land described herein so as to become a part of the real property.
Also conveyed herewith is a 1996 Peachstate Mobile Home, VIN# PSHGA19225A and PSHGA19225B.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Russell Property Management, LLC. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-202
(SE8,15,22,29B/19761-70T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from MISTY MCDUFFIE to COMMUNITY BANK AND TRUST dated 07/21/2008, and recorded 07/21/2008, in Deed Book 328, Pages 770-772, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010, and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Misty McDuffie the following described property:
All that tract or parcel of land lying and being in the 207th District G.M., Banks County, Georgia, and being that 0.93 acres more or less, designated as Lot 4, on a Plat of Survey prepared for Eugene Montgomery by Max Lewallen, Registered Surveyor, dated November 18, 1983, recorded in Plat Book 10, Page 118, in the office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
LESS AND EXCEPT: A fifteen foot (15 ft.) strip of land described and conveyed by Warranty Deed dated July 8, 1986 to Banks County as recorded in Deed Book 39, Page 640. Said tract being for a county road. Restrictive Covenant: No commercial animal or junk cars shall be placed upon the property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Misty McDuffie or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Misty McDuffie.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # 10-230
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from LEN B. DALTON, JR. to COMMUNITY BANK AND TRUST dated 06/18/2007, and recorded 07/26/2007, in Deed Book 309, Pages 567-569, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Len B. Dalton, Jr. the following described property:
All that tract or parcel of land lying and being in the 1580 G.M.D. of Banks County, Georgia, containing 35.0 acres, more or less, as shown on a plat of survey for Len Dalton as prepared by Lovell, Duvall, Miller & Associates, Inc., dated September 26, 2006, revised October 26, 2006, and being recorded among Banks County, Georgia Records in Plat Book F, Page 119, said plat being incorporated herein by reference for a more full and complete description.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Len B. Dalton, Jr. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Len B. Dalton, Jr.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # 10-235
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt with Power of Sale from KIMBERLY DAWN MCELREATH & MISTY DAWN MCDUFFIE to COMMUNITY BANK AND TRUST dated 04/25/2007, and recorded 05/01/2007, in Deed Book 304, Pages 356-358, Banks County, Georgia Deed Records, as modified by that Renewal Loan Agreement recorded 04/20/2009 in Deed Book 338, Page 813, Banks County, Georgia Deed Records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Kimberly Dawn McElreath & Misty Dawn McDuffie the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, being Lot 15 of Athena’s Way more particularly described and delineated according to a plat and survey prepared by Ingram Lord and Associates, certified by Barry D. Lord, Georgia Registered Land Surveyor, dated August 24, 2005 and recorded in Plat Book F, Page 18, in the office of the Clerk of Superior Court Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Kimberly Dawn McElreath & Misty Dawn McDuffie or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Kimberly Dawn McElreath & Misty Dawn McDuffie.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
Ad # F10-213
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from RUSSELL PROPERTY MANAGEMENT, LLC., a Georgia Limited Liability Company to COMMUNITY BANK AND TRUST dated 12/16/2005, and recorded 12/28/2005, in Deed Book 273, Pages 226-231, Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in October, 2010, by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Russell Property Management, LLC., a Georgia Limited Liability Company the following described property:
ALL THAT TRACT OR PARCEL OF LAND situate, lying and being in the 465th GMD, of Banks County, Georgia, being Lot 12, River Run Estates, Unit Two, as per plat recorded in Plat Book 13, Page 98, records of Banks County, Georgia, which plat is incorporated herein by reference.
Also conveyed herewith is a 2000 Sweetwater Mobile Home, Manufacturers ID #SHGA5648A and #SHGA5648B.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Russell Property Management, LLC. or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Russell Property Management, LLC., a Georgia Limited Liability Company.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File # F10-203
(SE8,15,22,29B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from TERRY THOMAS to REGIONS BANK, dated July 9, 2009, recorded July 27, 2009, in Deed Book 343, Page 350, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of ONE HUNDRED FOUR THOUSAND FIVE HUNDRED SIXTY-EIGHT DOLLARS AND SEVENTY-FIVE CENTS ($104,568.75), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 1580th G.M.D. of Banks County, Georgia, and being designated as Tract 6, containing 4.81 acres, more or less, and Tract 7, containing 1.0 acre, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated October 21, 1987 and recorded among Banks County, Georgia Records in Plat Book 13, Page 57, said plat being incorporated herein by reference for a more full and complete description. Also conveyed are non-exclusive perpetual rights of ingress and egress over and across Tract 8 known as Burma Road, being more fully shown on plat of survey above mentioned. The purpose of this easement is to grant access to the above-described property from U.S. Highway 441.
Said property being known as 235 Burma Road, Alto, GA 30510 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Terry Thomas or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Terry Thomas.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in a Security Deed from HAMMER’S GLEN, LLC and GLEN H. HAMMER to UNITED COMMUNITY BANK, dated September 26, 2003, recorded October 1, 2003, in Deed Book 223, Page 448, Banks County, Georgia Records, as last modified by Modification of Security Deed dated August 29, 2009, recorded in Deed Book 346, Page 91, Banks County, Georgia records, also that certain Assignment of Leases and Rents dated September 26, 2003, recorded in Deed Book 223, Page 470, Banks County, Georgia Records, said Security Deed being given to secure a Note from HAMMER’S GLEN, LLC; with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, containing 363.03 acres, more or less, and being more particularly described in that certain Plat of Survey by Hubert Lovell, Georgia Registered Surveyor No. 1553, dated April 2, 1997 and revised May 19, 1998, recorded in the real estate records of Banks County, Georgia in Plat Book B, Page 118. By this reference said plat is hereby incorporated for a more detailed description.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being is the 1210th G.M. District, Banks County, Georgia, containing 0.58 acres, more or less, and being more particularly described by plat of survey prepared for Soales Development Co., LLC dated March 22, 1999, by Hubert Love1l & Associates, recorded in Plat Book C, Page 14, Banks County, Georgia records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the Property.
LESS AND EXCEPT:
An that tract or pared of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing 0.72 acres, more or less, and being more particularly described by plat of survey prepared for Soales Creek Development Co., LLC, dated March 24, 1999, by Hubert Love11 & Associates, recorded in Plat Book 24, Page 33, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
LESS AND EXCEPT:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1210th G.M. District, Banks County, Georgia, containing one acre, more or less, and being Tracts One and Two as more particularly shown on a plat of survey prepared for Soales Creek Development Co., LLC, dated March 24, 1999, revised December 31, 2001, by Kenyon L. Miller, recorded in Plat Book 26, Page 122, Banks County, Georgia, records, which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is HAMMER’S GLEN, LLC and GLEN H. HAMMER or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for HAMMER’S GLEN, LLC and GLEN H. HAMMER
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street,
Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-02490
(SE8,15,22,29B/16022-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by KYLE A. UNBEHANT AND RACHEL L. WECKESSER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR HOMESTAR FINANCIAL CORPORATION, dated 04/26/2007, and Recorded on 05/14/2007 as Book No. 305 and Page Nos. 246-263, BANKS County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $123,525.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in October, 2010, the following described property:
All that tract or parcel of land lying and being in Hollingsworth District, G.M., Banks County, Georgia, and being shown and designated as Lot 12, containing 0.73 acres, more or less, as shown on plat of survey prepared for L & M Development by Holcomb Surveying, Inc., RLS, dated November 6, 2005, and recorded among Banks County, Georgia Records, in Plat Book 30, Page 27, said plat being incorporated herein by reference for a more full and complete description.
Subject to an easement for ingress and egress via the course of a gravel drive over and across Lot 12 leading to and from Moss Mill Road, a county road, as shown on plat of survey recorded among Banks County, Georgia Records in Plat Book 30, Page 28.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 693 MOSS MILL ROAD, BALDWIN, GEORGIA 30511 is/are: KYLE A. UNBEHANT and RACHEL L. WECKESSER or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC as Attorney in Fact for KYLE A UNBEHANT AND RACHEL L WECKESSER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100187432538
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(SE8,15,22,29B/19564-70T4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale contained in that certain Security Deed from MATTHEW EUGENE GOSNELL and KATHERINE D. GOSNELL to REGIONS BANK, dated February 23, 2004, recorded March 3, 2004, in Deed Book 232, Page 28, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of FORTY-TWO THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND EIGHTY-TWO CENTS ($42,870.82), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October 2010, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land containing 34.91 acres, more or less, lying and being in the 265th District, G.M., of Banks County, Georgia, and more fully described as follows:
Beginning at a point on the Hudson River at the mouth of a creek entering said river from the Clark Property thence along the center line of the river generally as follows: north 61 degrees 24 minutes east 45.40 feet, and north 45 degrees 30 minutes east 177.5 feet and south 52 degrees 37 minutes east 130.5 feet and north 49 degrees 24 minutes east 91.7 feet and north 01 degrees 03 minutes west 156.9 feet and north 83 degrees 05 minutes east 78.7 feet and south 43 degrees 30 minutes east 252.7 feet and south 09 degrees 07 minutes east 318.3 feet and south 26 degrees 41 minutes east 164.4 and south 48 degrees 11 minutes east 104.37 feet; thence leaving the river south 23 degrees 35 minutes 28 seconds west 767.87 feet to an iron pin; thence north 69 degrees 37 minutes 32 seconds west 1825.7 feet; thence along line of Baines Property north 34 degrees 9 minutes east 457.07 feet; thence north 83 degrees 29 minutes east 977.5 feet to the beginning corner.
Together with right of access over existing field or Woods Road from County Road which leads to Highway 98, being same property shown in warranty deed from J.M. McCurry to Thomas Edward Ayers, dated June 30, 1982, recorded in the public records of Banks County in Deed Book 26, Page 416.
Less and Except:
All that tract or parcel of land lying and being in the 265th District, G.M., Banks County, Georgia, and being that 10.078 acres, more or less, as more particularly shown on a plat of survey prepared for Ned D. Sims and Yari D. Sims by Savage and Associates, Registered Surveyor, dated December 13, 2002, recorded in Plat Book 27, Page 164, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 20 foot ingress-egress easement as more particularly shown on plat of survey referenced herein above.
Less and Except:
All that tract or parcel of land, containing 5.06 acres, more or less, in the 265th GMD, of Banks County, Georgia, and bounded now or formerly as follows: North by the Hudson River; east by Hudson River and lands of Matthew Gosnell; south by lands of Matthew Gosnell; and west by lands of Matthew Gosnell. Said tract of land being more particularly described according to a plat of survey prepared by David L. Ringo, Surveyor, on May 24, 2002, for Jonathon Gosnell, which plat is recorded in Plat Book 27, Page 61 of the public records of Banks County, and is by reference incorporated herein as part of this description.
Said property being known as 304 Marion Cape Drive, Homer, GA 30547 according to the present numbering system in Banks County.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Matthew Eugene Gosnell or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Regions Bank as Attorney in Fact for Matthew Eugene Gosnell and Katherine D. Gosnell.
Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE8,15,22,29P4)
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Diaz leads BC boys to first victory
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MainStreetNewsSports
in Sports
Friday, September 10. 2010
It was a successful start last Thursday for the Banks County High School cross-country team. “We are expecting a great year. Many of the rookies from last year are stepping it up and all new runners are stepping it up,” coach Kelly McDuffie said. The season opener at home debuted the new configuration for the Banks County course which has ... [Full Story »]
Updated: Citizen to file lawsuit over ‘election violations’
Friday, September 10. 2010
Updated: 12 hours ago
Banks County resident Bobby Caudell plans to file a federal lawsuit on voter right act violations he believes occurred during this past year. He is seeking to have the election held again. [Full Story »]
Lady Leopards halt Vikings, 10-2
Posted by
MainStreetNewsSports
in Sports
Thursday, September 9. 2010
It was a good night for the Banks County Lady Leopards last Thursday as the girls added their second sub-region win after a 5 inning game over East Hall. The East Hall Vikings remain winless after Banks County took the victory 10-2. With their eighth overall win under their belts, the Lady Leopards have only seven more sub-region games before ... [Full Story »]

Fall brings new sense of energy, hope
I’m not sure if something has been off in the universe or what but the past five weeks have been some of the most hectic and chaotic days I can remember. [Full Story »]
Updated: Banks County Athletes of the Week
Riverside Military - Sept. 3 Athlete of the week: Brenton Ruark Offensive player of the week: Marquaze Maddox Defensive player of the week: Kenny Langston Special teams player of the week: Tyler Hubbard Lineman of the week: Kenny Langston Social Circle - Aug. 27 Athlete of the Week - Jeremy Greenway Offensive Player of the Week - Dylan Lackey ... [Full Story »]
2-0 Leopards on the prowl for EJ Eagles
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MainStreetNewsSports
in Sports
Wednesday, September 8. 2010
The Banks County Leopards moved to 2-0 on Friday night with a first half push to overcome the Riverside Eagles. With their second win in as many weeks, the Leopards now prepare to face off against a team that matters long term – East Jackson in the region crossover game. While the team is excited and pumped up after accomplishing something ... [Full Story »]
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