Notice of Sale
Advertisement of Sale
Under Power of Sale in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (hereinafter known as the “Security Deed”) from GLENN R. DAVID to FFC ACQUISITION CORPORATION as last assigned to NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia), dated July 24, 1998 and recorded on July 27, 1998, in Deed Book 132, Pages 171-216, said assignment being recorded on March 9, 2009, Deed Book 337, Pages 112-113, records of Banks County, Georgia. This Security Deed secures a Note dated July 24, 1998 in the original principal amount of $775,000.00, plus interest; there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in March, 2011, the following described property and improvements, if any; to-wit:
LEGAL DESCRIPTION
All that tract or parcel of land containing 0.715 acres, more or less situated, lying and being on the east side of US Highway 441 in the 208th District G.M. Bank County, Georgia and being more particularly described as follows:
Beginning at an iron pin found at the intersection of Eisenhower Drive and US Highway 441; thence along the right-of-way of US Highway 441 North 22 degrees 00 minutes 00 seconds West 155.01 feet to an iron pin found; thence North 69 degrees 05 minutes 05 seconds 201.00 feet to an iron pin found; thence South 21 degrees 58 minutes 20 seconds east 155.00 feet to an iron pin found; thence south 69 degrees 04 minutes 50 seconds West 200.92 feet to an iron pin found, the point of beginning.
Together with and subject to covenants, easements, and restrictions of record.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan and failure to pay taxes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees.
Said property will be sold as the property of Glenn R. David and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
The entity with full authority to negotiate, amend and modify all terms of the loan with the debtor is Northeast Georgia Bank, 12461 Augusta Road, Lavonia, Georgia 30553, phone number (706) 356-4444.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Glenn R. David, tenant or tenants.
NORTHEAST GEORGIA BANK (f/k/a Freedom Bank of Georgia)
By: ___ As Attorney-in-fact for: Glenn R. David
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323 office
(706) 356-3427 fax
(FE2,9,16,23P4)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from SHANNON CRUMP and JENNIFER CRUMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $104,500.00 dated 06/16/2008, and recorded in Deed Book 327, Page 674, Banks County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Shannon Crump and Jennifer Crump the following described property:
All that tract or parcel of land lying and being in the 1580th District, G. M., Banks County, Georgia, and being that 3.02 acres, more or less, as more particularly shown on a plat of survey prepared for Shannon and Jennifer Crump by Michael J. Smith, Registered Surveyor, dated July 1, 2004, revised May 25, 2007, recorded in Plat Book 31, Page 64, 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.
Property known as: 4004 Old Highway 441 N, Alto, GA 30510
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Shannon Crump and Jennifer Crump.
CitiMortgage, Inc., as Attorney-in-fact for Shannon Crump and Jennifer Crump.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 10-15851
(FE2,9,16,23B/224-60)
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Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia
County of Banks
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from ANTHONY D. BURDGE and TAMMY BURDGE to UNITED COMMUNITY MORTGAGE SERVICES, INC. in the original principal amount of $236,000.00 dated 04/29/2005, and recorded in Deed Book 258, page 244, Banks County records, said Security Deed being last transferred and assigned to ABN AMRO Mortgage Group, Inc. in Deed Book 260, Page 757, the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of March, 2011 by CitiMortgage, Inc., as Attorney-in-Fact for Anthony D. Burdge and Tammy Burdge the following described property:
All that tract or parcel of land lying and being in the 1580th District, G.M. of Banks County, Georgia, as shown as Tract 2, containing 11.781 acres, more or less, on plat of survey by Davidson Land Surveying, Inc., RLS, date April 7, 2004, and being recorded among Banks County, Georgia records in Plat Book 28, Page 143, in the same being incorporated herein for a more full and adequate description.
Property known as: 483 Harmony Church Rd, Baldwin, GA 30511
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law).
The property will be sold as the property of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness.
To the best of the undersigned’s knowledge and belief, the party in possession is Anthony D. Burdge and Tammy Burdge.
CitiMortgage, Inc., as Attorney-in-fact for Anthony D. Burdge and Tammy Burdge.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone – (770) 392-0398
Toll Free – (866) 999-7088
www.penderlaw.com
Our File No. 11-00527
(FE2,9,16,23B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the power of sale contained in that Deed to Secure Debt from JAMES RANDY FROST to COMMUNITY BANK AND TRUST dated May 16, 2007, filed May 18, 2007, and recorded May 22, 2007, in Deed Book 305, Pages 468-469, as modified by an Additional Loan Agreement dated June 10, 2008 and recorded in Deed Book 327, page 504, in the Banks County, Georgia Deed records, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday in March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for James Randy Frost the following described property:
All that tract or parcel of land, situate, lying and being in Land Lot 218 and 219 of the 10th Land District of Banks County, Georgia, and being all of Lot 1, as shown on survey for Harold Smith, prepared by Calvin Kytle, Registered Surveyor, dated April 22, 1992, recorded in Plat Book A, page 16 of the Banks County Records, which plat is incorporated herein by reference as a part of this description.
Together with an Eastwood 40 foot by 16 foot Flintstone Mobile Home bearing Serial No. FK725Ga.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Deed to Secure Debt first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is James Randy Frost or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for James Randy Frost.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Smith, Gilliam, Williams & Miles, P.A.
P.O. Box 1098
Gainesville, GA 30503
(T) 770-536-3381
(FE2,9,16,23P4)
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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 CHARLES C. CAMPBELL to COMMUNITY BANK AND TRUST dated 02/16/2006, and recorded 02/20/2006, in Deed Book 276, Pages 119-121, Banks County, Georgia Deed records, as modified by those Additional Loan Agreements recorded 03/09/2006 in Deed Book 277, Page 224, 03/27/2006 in Deed Book 278, Page 319 and 07/06/2006 in Deed Book 284, Page 720, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, 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 March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Charles C. Campbell the following described property:
All that tract or parcel of land lying and being in the G.M.D. 912, Banks County, Georgia, and being shown and designated as Tract 1, containing 1.32 acres, more or less, as shown on plat of survey prepared for Robert Howard Jordan by Jeff Weshner, R.L.S., dated March 1, 2003 and recorded among Banks County, Georgia Records in Plat Book 27, Page 118, 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 Charles C. Campbell 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 Charles C. Campbell.
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 No. : F11-1117
(FE2,9,16,23B/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 CHARLES CAMPBELL to COMMUNITY BANK AND TRUST dated 03/08/2007, and recorded 03/21/2007, in Deed Book 301, Pages 717-719, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 12/29/2008 in Deed Book 334, Page 431, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, 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 March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Charles Campbell the following described property:
All that tract or parcel of land lying and being in Land Lot 215 of the 10th Land District of Banks County, Georgia, containing 0.991 acre, more or less, as shown on plat of survey prepared by James A. Long, R.S., dated November 19, 1981 and recorded among Banks County, Georgia Records in Plat Book 8, Page 232, said plat being incorporated herein by reference for a more 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 Charles Campbell 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 Charles Campbell.
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 No. : F11-1116
(FE2,9,16,23B/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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 114-118, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 334, Page 624, Banks County, Georgia Deed Records, and any further renewals or modifications thereto, 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 March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in GMD 1580, Banks County, Georgia, being Lot 5, Hickory Knoll Subdivision as per plat recorded in Plat Book B, Page 13 of the Banks County Deed Records, which plat is incorporated herein by reference for a more complete description of said property.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1029
(FE2,9,16,23B/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 Security Deed from RICHARD HUSS to COMMUNITY BANK AND TRUST dated 08/14/2007, and recorded 08/20/2007, in Deed Book 311, Pages 107-111, Banks County, Georgia Deed records, as modified by that Additional Loan Agreement recorded 01/06/2009 in Deed Book 534, Page 625, Banks County, Georgia Deed Records., and any further renewals or modifications thereto, 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 March, 2011 by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact for Richard Huss the following described property:
All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia and being that 2.46 acres, more or less, designated as Lot 4C on a plat of survey prepared for Garvis McElroy by Max Lewallen, Registered Surveyor, dated April 18, 1996, recorded at Plat Book 21, Page 167, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the North by Lot 4B; on the East by Hebron Oaks Subdivision; on the South by Lot 4D; and on the West by gravel drive.
ALSO: An easement along gravel drive for purposes of ingress and egress. Said drive being more particularly shown on plat of survey referenced herein above.
The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, among other possible events of default, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as provided by law).
The property will be sold subject to the following:
(1) all prior restrictive covenants, easements, rights-of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Richard Huss or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Deed to Secure Debt.
SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Richard Huss.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
The Knott Firm, LLC
670 East Kytle Street
Cleveland, GA 30528
706-219-3227
File No. : F11-1030
(FE2,9,16,23B/19761-60T4P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by BRANDI NICOLE DEAN and KEVIN S. DEAN to HOMEBANC MORTGAGE CORPORATION dated November 17, 2006 in the amount of $176,050.00, and recorded in Deed Book 293, Page 438, Banks County, Georgia Records; as last transferred to CitiMortgage, Inc. by assignment; the undersigned, CitiMortgage, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 465th G.M.D., City of Maysville, Banks County, Georgia, containing 2.432 acres, aggregate, and being more fully shown as Lot 72 of Oak Ridge Subdivision on a subdivision plat recorded in Plat Book 16, Page 8 of the Banks County, Georgia Plat Records. Said plat is incorporated herein by reference for a more detailed description of said property, being improved property known as 317 Oak Ridge Drive according to the present system of numbering properties in Banks County, Georgia.
Said property is subject to Protective Covenants for Oak Ridge Subdivision dated October 27, 1990, recorded in Deed Book 62, Pages 106-112 of the Banks County, Georgia Deed Records, and all other easements, covenants and restriction of record, if any.
which has the property address of 317 Oak Ridge Drive, Maysville, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Brandi Nicole Dean and Kevin S. Dean and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
CitiMortgage, Inc. Attorney in Fact for Brandi Nicole Dean and Kevin S. Dean
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-14649 /FHA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-50)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by JEFFREY W MADDOX and JAN MADDOX-KIRBY to Mortgage Electronic Registration Systems, Inc., dated July 25, 2008, recorded in Deed Book 34 O, Page 277, Banks County, Georgia Records and recorded in Deed Book 0055K, Page 0149, Jackson County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED FIFTY THOUSAND AND 0/100 DOLLARS ($350,000.00), 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 March, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey W Maddox and Jan Maddox-Kirby or a tenant or tenants and said property is more commonly known as 734 Edwards Rd, Commerce, GA 30529. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chase Home Finance LLC as Attorney in Fact for Jeffrey W Maddox and Jan Maddox-Kirby
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jwy 3/1/11 Our file no. 53370410-FT18 EXHIBIT “A” All that tract or parcel of land, lying and being in Banks and Jackson County, Georgia, and in the 207th District, G.M. of Banks County and the 255th District G.M. of Jackson County, and containing 68 acres, more or less, and about 3 miles east from Commerce, Georgia, and being same tract of land conveyed by N. S. Lort to W. J. N. Lord during his natural life and then to his children, dated April 18, 1922, and recorded in Clerk’s Office, Jackson County, Georgia, in Deed Book TT, Pages 528-529 and being known as Lot No. 3 of the N. S. Lord’s Subdivision, adjoining lands of L. L. Barnett on north, on the east by lands of Dan Waters, on the south by lands of Claud Shore and on the west by lands of Samuel Vickery, with following metes and bounds, beginning at an iron pin road, near Blacksmith Shop, N 53-3/4 W 3.50 to iron pin, N 55-3/4 W 7.61 N 51-3/4 W 4.00 to iron pin, S 73-3/4 W 14.70 to a stake, N 26 W 15.50 to hickory, N 62 1/2 E 13.46 to Hy., N 62-3/4 E 5.00 to rock, S 66 1/2 E 24.50 E to pond or stake at pond, thence S 31 W 11.10 to a black gum, thence S 57 1/4 W 13.46 to iron pin the beginning corner. Being the same property conveyed from Doris J. Maddox and Duel E. Maddox to Jeffrey W. Maddox by deed recorded December 16, 1996 in Book 16D, Page 186 in the Registrar’s Office of Banks County. Parcel ID #: B68-030 Block: Lot: MR/jwy 3/1/11 Our file no. 53370410 - FT18
(FE2,9,16,23B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by NEIL A ROSS and TERRI C ROSS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Quicken Loans, Inc., its successors and assigns dated July 13, 2006 in the amount of $172,500.00, and recorded in Deed Book 285, Page 686, Banks County, Georgia Records; as last transferred to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP by assignment; the undersigned, BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
TAX ID Number: B34/129
Land situated in the County of Banks in the State of GA
All that tract or parcel of land lying and being in the 158th District, G.M. Banks County, Georgia, and being that 5.383 acres, more or less, as more particularly shown on a plat of survey prepared for Pamela S. Scott by Roy A. Terrell, Registered Surveyor, dated June 17, 1996, recorded at Plat Book 21, Page 21, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Commonly known as: 160 Fergusson Rd, Baldwin, Ga 30511
which has the property address of 160 Ferguson Rd, Baldwin, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Neil A Ross and Terri C Ross and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing LP Attorney in Fact for Neil A Ross and Terri C Ross
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-17246 /FNMA
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by WALTER STEPHEN REEMS to TAYLOR, BEAN & WHITAKER MORTGAGE CORP. dated July 14, 2000 in the amount of $66,500.00, and recorded in Deed Book 159, Page 508, Banks County, Georgia Records; as last transferred to The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 by assignment; the undersigned, The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011 , during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land lying and being in the 1580th GMD of Banks County, Georgia, and being known and designated as Tract No. 1, containing 1.00 acres, more or less, and as Tract No. 2, containing 0.02 acre, more or less, as shown on a plat of survey prepared for Dwight Gailey by Tyson & Associates., Inc., Clelland A. Tyson, RLS, dated February 28, 1972, recorded in Plat Book 4, Page 63, Banks County, Georgia Records, said plat being incorporated herein by reference for a more particular description.
which has the property address of 2587 Sample Scales Road, Homer, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Walter Stephen Reems and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as Trustee for RAAC 2006 RP4 Attorney in Fact for
Walter Stephen Reems
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-00732 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by MICHAEL W WALKER, II to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 5, 2001, recorded in Deed Book 178, Page 496, 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 SIXTY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($64,800.00), 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 March, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 Michael W Walker, II or a tenant or tenants and said property is more commonly known as 516 Silver Shoals Road, Homer, Georgia 30547. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP as Attorney in Fact for Michael W Walker, II
McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/ts1 3/1/11
Our file no. 527111-FT14
EXHIBIT “A”
All that tract or parcel of land lying and being in the Poplar Springs, G.M. District, Banks County, Georgia, consisting of 1.00 acres, more or less, and being more particularly described as follows: Commencing on a flint rock, same being the common corner of the middle tract and the east tract of the J. H. Brooks Home Place, of which the parcel herein described is a part; thence running south 26 degrees 30 minutes east for a distance of 154.55 feet to a point; thence running south 46 degrees 00 minutes east for a distance of 924.00 feet to a water oak; thence running south 13 degrees 00 minutes west for a distance of 877.80 feet to a pine stump; thence running south 29 degrees 00 minutes west for a distance of 562.00 feet to a common corner of the east tract of the J.H. Brooks Home Place and lying on the centerline of Silver Shoals Road; thence south 77 degrees 15 minutes west 500 feet to the point of beginning; thence north 12 degrees 45 minutes west 200 feet to a point; thence south 77 degrees 15 minutes west 200 feet to a point; thence south 12 degrees 45 minutes east 200 feet to a point in the center of Silver Shoals Road; thence north 77 degrees 15 minutes east 200 feet to the point of beginning. Including all improvements affixed thereon includes that certain 1997 Fleetwood double-wide Mobile Home GAFLV54A800600HS11 and GAFLV54B80060HS11 and intend to remain a part thereof. Less and except: The right of way of Silver Shoals Road. Said described property is located at: 516 Silver Shoals Road, Homer, Georgia. MR/ts1 3/1/11 Our file no. 527111 - FT14
(FE2,9,16,23B/19698-80T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of BANKS
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by HOYT TERRY TANNER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR PEOPLE’S CHOICE HOME LOAN, INC., dated 06/20/2006, and Recorded on 06/29/2006 as Book No. 284 and Page No. 349-367, BANKS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $270,000.00, 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 March, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING ALL OF LOT 13, BLOCK 1, UNIT 1, PROVERBS SUBDIVISION LOCATED IN POPLAR SPRINGS, G.M.D. BANKS COUNTY, GA AS MORE FULLY SHOWN ON SURVEY FOR WENDELL L. PEPPER AND SARAH L. PEPPER DATED DECEMBER 2, 1986, PREPARED BY B. KEITH ROCHESTER AND ASSOCIATES, REG. SUR. AND BEING RECORDED IN THE CLERK’S OFFICE OF THE SUPERIOR COURT OF BANKS COUNTY, GA IN PLAT BOOK 12, PAGE 70. SAID PLAT AND THE RECORD THEREOF ARE HEREIN INCORPORATED FOR A FULL AND COMPLETE LEGAL DESCRIPTION.
TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR PURPOSES OF VEHICULAR AND PEDESTRAIN INGRESS AND EGRESS FROM GARRISON SHOAL COUNTY ROAD TO SUBJECT PROPERTY ALONG RIGHT OF SHOW ON THE ABOVE REFERENCED PLAT. PROVIDED HOWEVER THAT PART OF LOT NO. 13 WHICH IS LOCATED IN THE RIGHT OF WAY OF ASHLEY BROOKE DRIVE (60’ RIGHT OF WAY) IS EXCLUDED FROM THIS CONVEYANCE. THE SUBDIVISION SURVEY IS RECORDED IN PLAT BOOK 7, PAGE 229, BANKS COUNTY RECORDS AND ALSO INCORPORATED HEREIN BY REFERENCE.
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: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD., Foreclosure MAC# X7801-013, FORT MILL, SC 29715, 800-288-3212. 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 312 ASHLEY BROOKE DRIVE, LULA, GEORGIA 30554 is/are: HOYT TERRY TANNER 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.
U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-GEL1 as Attorney in Fact for HOYT TERRY TANNER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20100134006258
BARRETT, DAFFIN & FRAPPIER, L.L.P. 4004 Beltline, Building 2, Suite 100 Addison, Texas 75001-4417 Telephone: (972) 341-5398.
(FE2,9,16,23B/19564-80T4)
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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 March, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the party in possession of the property is 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/sc1 3/1/11 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/sc1 3/1/11 Our file no. 52164209 - FT7
(FE2,9,16,23B/19698-60T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment of the indebtedness, secured by a Security Deed executed by PENNY NOELL and TERRY D. NOELL to AMERIQUEST MORTGAGE COMPANY dated January 27, 2005 in the amount of $87,300.00, and recorded in Deed Book 252, Page 648, Banks County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 by assignment; and pursuant to a Default Judgment reforming the aforesaid Security Deed in equity, entered on 11/8/10, by the Honorable Joseph Booth, Judge of the Superior Court of Banks County the undersigned, Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in March, 2011, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this exhibit is located in the County of Banks in the State of Georgia in Deed Book 191 at Page 932 and described as follows.
All that tract or parcel of land lying and being in the 28th G.M.D., Banks County, Georgia, and containing 2.00 acres as shown on a plat of survey by Ringo & Sadler dated January 22, 2002; and said property being more particularly described as follows:
Beginning at the intersection of GA. Hwy. No. 198 and Murray Road thence, going a Westerly direction along the South side of Murray Road a distance of 577.67 feet this being the True Point of Beginning.
Thence South 03 degrees 03 minutes 23 seconds West for a distance of 230.09 feet to an 1/2 inch RBF; thence South 83 degrees 18 minutes 22 seconds East for a distance of 85.00 feet to an 1/2 inch RBS; thence South 10 degrees 03 minutes 31 seconds West for a distance of 188.94 feet to an 1/2 inch RBS; thence North 45 degrees 09 minutes 22 seconds West for a distance of 619.55 feet to an 1/2 inch RBF; thence South 88 degrees 05 minutes 41 seconds West for a distance of 105.22 feet to a point; thence North 87 degrees 59 minutes 64 seconds East for a distance of 155.56 feet to a point; thence South 86 degrees 47 minutes 37 seconds East for a distance of 73.21 feet to a point; thence South 82 degrees 14 minutes 46 seconds East for a distance of 67.02 feet to an 1/2 inch RBF; together with and subject to covenants, easements, and restrictions of record.
Said property contains 2.00 acres more or less.
which has the property address of 768 Murray Road, Homer, Georgia, together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys’ fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Penny Noell and Terry D. Noell and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R3 Attorney in Fact for Penny Noell and Terry D. Noell
Anthony DeMarlo, Attorney/kandrade
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 10-05704 /CONV
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(FE2,9,16,23B/1325-80)
gpn11
Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of Sale contained in a Security Deed given by CLYDE L. CHASTAIN and MARY ELIZABETH CHASTAIN to OPTION ONE MORTGAGE CORPORATION dated 11/29/2005 and recorded in Deed Book 271, Page 644, Banks County, Georgia records; as last transferred to HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 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 $ 179,930.00, 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 March, 2011 (March 1, 2011), 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 1.196 acres, more or less, designated as Lot 14, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, Registered Surveyor, dated August 7, 2004, recorded in Plat Book E, Page 82, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
ALSO: 60 foot ingress-egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey referenced herein above.
Subject to Protective Covenants for Morgan Manor Subdivision recorded in Deed Book 260, Page 108, Banks County, Georgia Records.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt 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 148 Manor Place, Commerce, Georgia 30530 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): Clyde L. Chastain and Mary Elizabeth Chastain 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.
HSBC Bank USA, National Association, as Trustee for Citigroup Special - CMLTI 2007-SHL1 as agent and Attorney in Fact for Clyde L. Chastain and Mary Elizabeth Chastain
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. 1002-1072
(FE2,9,16,23P4)
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