Barrow journal. (Winder, Ga.) 2008-2016, January 27, 2016, Image 11
BARROW JOURNAL PAGE 11A-W WEDNESDAY, JANUARY 27, 2016 Public Notices Continued to Secure Debt first set out above, including, but not lim ited to, assessments, liens, encumbrances, zoning ordi nances, easements, restric tions, 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 confirma tion 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 pro cedures regarding the rescis sion 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. BANK OF AMERICA, N.A. as Attorney in Fact for TRACI L. TRILLER AND MATTHEW TRILLER. THIS LAW FIRM IS ACT ING AS A DEBT COLLEC TOR ATTEMPTING TO COL- LECTADEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PUR POSE. 00000005708904 BARRETT DAFFIN FRAP- PIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Tele phone: (972) 341 5398. (JA6,13,20,27B/19564-80T4P) Notice of Sale Notice of Sale Under Power State of Georgia County of BARROW Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by PAUL WOODALL AND SAMANTHA SUSAN WOOD- ALL to MORTGAGE ELEC TRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR MORT GAGE LENDERS NET WORK USA, INC. , dated 03/25/2005, and Recorded on 03/31/2005 as Book No. 1039 and Page No. 0600, BARROW County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, AS TRUST EE, FOR RESIDENTIAL ASSET SECURITIES COR PORATION, HOME EQUI TY MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005 EMX2 (the Secured Creditor), by assignment, conveying the after described property to secure a Note of even date in the original prin cipal amount of $240,000.00, with interest at the rate speci fied therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BARROW County Courthouse within the legal hours of sale on the first Tuesday in February, 2016, the following described prop erty: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 246TH G.M.D., BARROW COUNTY, GEORGIA, BEING LOT 17, SECTION A, ENCOMPASS ING 3.85 ACRES OF BEECH CREEK ESTATES, AND BEING MORE PARTICU LARLY DESCRIBED AND DELINEATED ACCORD ING TO A PLAT OF SUR VEY PREPARED BY W.T. DUNAHOO & ASSOCI ATES, INC., CERTIFIED BY W.T. DUNAHOO, GEORGIA REGISTERED LAND SUR VEYOR NO. 1577, DATED MARCH, 1976, SAID PLAT BEING RECORDED IN PLAT BOOK 10, PAGE 90, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF BARROW COUNTY, GEOR GIA. REFERENCE IS HEREBY MADE TO THE AFORESAID PLAT AND TO THE RECORD THEREOF FOR ALL PUR POSES OF DESCRIPTION AND IDENTIFICATION AND FOR ALL OTHER PURPOS ES ALLOWED BY LAW. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other pos sible 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 col lect attorney’s fees having been given). U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESI DENTIAL ASSET SECU RITIES CORPORATION, HOME EQUITY MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005 EMX2 holds the duly endorsed Note and is the current assignee of the Security Deed to the proper ty. AMERICA’S SERVICING COMPANY, acting on behalf of and, as necessary, in con sultation with U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE, FOR RESI DENTIAL ASSET SECU RITIES CORPORATION, HOME EQUITY MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005 EMX2 (the cur rent investor on the loan), is the entity with the full author ity to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44 14 162.2, AMERICA’S SER VICING COMPANY may be contacted at: AMERICA’S SERVICING COMPANY, 3476 STATEVIEW BLVD, FORT MILL, SC 29715, 800 288 3212. Please note that, pursuant to O.C.G.A. § 44 14 162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 146 BEECH CREEK CIRCLE, WINDER, GEOR GIA 30680 is/are: PAUL WOODALL AND SAMANTHA SUSAN WOODALL or ten ant/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 pay able), (b) any matters which might be disclosed by an accurate survey and inspec tion 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, zon ing 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 confirma tion 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 pro cedures regarding the rescis sion 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 TRUST EE, FOR RESIDENTIAL ASSET SECURITIES COR PORATION, HOME EQUI TY MORTGAGE ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005 EMX2 as Attorney in Fact for PAUL WOODALL AND SAMANTHA SUSAN WOODALL. THIS LAW FIRM IS ACT ING AS A DEBT COLLEC TOR ATTEMPTING TO COL- LECTADEBT. ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PUR POSE. 20100134004626 BARRETT DAFFIN FRAP- PIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Tele phone: (972) 341 5398. (JA6,13.20,27B/19564-80T4P) | Notice of Sale Notice of Sale Under Power Barrow County Pursuant to the Power of Sale contained in a Security Deed given by WILLIAM C HARDIN TO MORTGAGE ELECTRONIC REGISTRA TION SYSTEMS, as nomi nee for Homestar Financial Corporation dated 2/19/2010 and recorded in Deed Book 1508 Page 367, Barrow County, Georgia records; as last transferred to or acquired by JPMorgan Chase Bank, National Association, convey ing the after-described prop erty to secure a Note in the original principal amount of $ 107,652.00, with interest at the rate specified there in, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Barrow County, Georgia, with in the legal hours of sale on February 02, 2016 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the follow ing described property: All that tract or parcel of land lying and being in GMD 249, Barrow County, Georgia, being Lot 6, Block D, Unit Three of The Preserve Sub division, as per plat thereof recorded in Plat Book 54, Page 166, Barrow Coun ty, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description. The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible 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 pro vided in the Security Deed and by law, including attor ney's fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 563 Pin Oak Drive, , Bethlehem, GA 30620 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): Wil liam C Hardin or tenant or tenants. JPMorgan Chase Bank, NA is the entity or individual des ignated who shall have full authority to negotiate, amend and modify all terms of the mortgage. JPMorgan Chase Bank, NA Homeowner's Assistance Department 3415 Vision Drive Columbus, Ohio 43219 1-866-550-5705 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. Said property will be sold subject to: (a) any outstand ing ad valorem taxes (includ ing taxes which are a lien, but not yet due and payable), (b) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any mat ters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, 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 confirma tion and audit of the status of the loan with the holder of the Security Deed. Pur suant 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 pro vided until final confirmation and audit of the status of the loan as provided immediately above. JPMorgan Chase Bank, National Association as agent and Attorney in Fact for Wil liam C Hardin Aldridge Pite, LLP (formerly known as Aldridge Connors, LLP), 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400. 1031-75838A THIS LAW FIRM MAY BE ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1031-75838A ([A6,13,20,27B/20795-70P) \ Notice of Sale Notice of Sale Under Power Georgia, Barrow County THIS LAW FIRM IS ACT ING AS A DEBT COLLEC TOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. By virtue of the Power of Sale contained in a Secu rity Deed given by DANNY K. HERRMAN, OWNER, AND HERRMANN PROPERTIES, LLC, owner/hypothecator to OCONEE STATE BANK, dated May 22, 2012, recorded in Deed Book 1895, Page 341 - 367, Barrow County, Georgia Records, as modified and last assigned to Crump Financial Holdings, LLC, conveying by way of Hypothecation as set forth in said modification the after-described property which secures a Note dated September 3, 2008 in the original principal amount of $2,627,230.60, with interest thereon as set forth therein, there will be sold at public out cry to the highest bidder for cash before the courthouse door of Barrow County, Geor gia, within the legal hours of sale on the first Tuesday in February, 2016, the following described property, to-wit: That certain easement described as a perpetual non exclusive easement over, upon and across the following described property: All that tract or parcel of land lying and being in Georgia Militia District 1742, Barrow County, Georgia and being more par ticularly described as follows; Beginning at a 1 /2-inch rebar pin found on the intersection of southerly 60 foot right-of- way of Statham Drive, and the easterly 80 foot right-of- way of Georgia Highway No. 211, thence along southerly 60 foot right-of-way of Sta tham Drive 1029.44 feet to a point; said point being a % inch rebar pin set and THE TRUE POINT OF BEGIN NING. THENCE continuing on said right-of-way the fol lowing 4 (four) courses and distances: South 52 degrees 59 minutes 04 seconds East for a distance of 150.14 feet to a point; THENCE along a curve to the right having a radius of 20.00 feet and an arc length of 17.91 feet, being subtended by a chord of South 27 degrees 19 min utes 32 seconds East for a distance of 17.32 feet to a point; THENCE along a curve to the left having a radius of 60.00 feet and an arc length of 71.99 feet, being sub tended by a chord of South 36 degrees 02 minutes 22 seconds East for a distance of 67.75 feet to a point, said point marked by a % inch rebar pin found; THENCE along a curve to the left hav ing a radius of 60.00 feet and an arc length of 134.73 feet, being subtended by a chord of North 45 degrees 20 minutes 09 seconds East for a distance of 108.15 feet to a point, said point marked by a % inch rebar pin found; THENCE leaving said right- of-way North 70 degrees 58 minutes 54 seconds East for a distance of 134.00 feet to a point, said point marked by a % inch rebar pin found; THENCE South 70 degrees 22 minutes 43 seconds East for a distance of 785.81 feet to a point, said point marked by a % inch rebar pin found; THENCE South 33 degrees 28 minutes 55 seconds East for a distance of 37.59 feet to a point, said point lying in the centerline of a creek; THENCE traveling on said centerline of creek the fol lowing 8 (eight) courses and distances; South 40 degrees 16 minutes 29 seconds West for a distance of 18.63 feet to a point; THENCE South 19 degrees 36 minutes 07 sec onds West for a distance of 70.33 feet to a point; THENCE South 16 degrees 43 minutes 27 seconds West for a dis tance of 90.54 feet to a point; THENCE South 07 degrees 52 minutes 12 seconds East for a distance of 98.16 feet to a point; THENCE South 16 degrees 30 minutes 04 seconds West for a distance of 124.77 feet to a point; THENCE South 26 degrees 31 minutes 02 seconds West for a distance of 41.12 feet to a point; THENCE South 41 degrees 26 minutes 00 seconds East for a distance of 55.99 feet to a point; THENCE South 00 degrees 50 minutes 02 seconds West for a distance of 290.81 feet to a point, said point marked by a % inch rebar pin found; THENCE leaving said creek North 70 degrees 23 min utes 28 seconds West for a distance of 1155.21 feet to a point, said point marked by a % inch rebar pin found; THENCE North 70 degrees 23 minutes 28 seconds West for a distance of 40.13 feet to a point, said point marked by a % inch rebar pin set; THENCE North 19 degrees 37 minutes 17 seconds East for a distance of 17.00 feet to a point, said point marked by a % inch rebar pin set; THENCE North 70 degrees 23 minutes 28 seconds West for a distance of 50.00 feet to a point, said point marked by a % inch rebar pin set; THENCE South 19 degrees 37 minutes 17 seconds West for a distance of 17.00 feet to a point, said point marked by a % inch rebar pin set; THENCE North 70 degrees 23 minutes 28 seconds West for a distance of 331.92 feet to a point, said point marked by a % inch rebar pin set; THENCE North 37 degrees 02 minutes 04 seconds East for a distance of 701.97 feet to a point, said point being THE TRUE POINT OF BEGIN NING. Said property contains 22.265 acres, more or less. Said Easement grants an ingress-egress access ease ment for vehicular and pedes trian traffic upon, over and across those certain roads, drive aisles and access ways located on the above described property, and run ning generally due south from the cul-de-sac to the double gate providing access to Bill boards, and as such may be modified from time to time for purpose of access to the Billboards. To the extent that any under-ground utilities serving the Billboards are cur rently located on the above described property then in such event a twenty (20) foot wide utility easement (10 feet on either side of such utility line) for the continued place ment of such utility line(s). Also said easement grants an ingress-egress access ease ment for vehicular and pedes trian traffic upon, over and across a 50 foot wide, 1100 feet long strip of land con tiguous with the northeasterly right of way boundary line of GA Hwy 316 and incorpo rating each of the four (4) 50’ X 50’ Billboard Easement Areas. Also conveyed here with are all Billboard Struc tures, appurtenant appara tus, permits and leases. The above described easements are conveyed subject to that Declaration and Reserva tion of Easements recorded in Deed Book 512, page 724, Barrow County Deed Records, as amended. The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible 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 pro vided 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, cov enants, 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 Herrmann Prop erties, LLC, or a tenant or tenants, and said property is more commonly known as a Billboard Easement within the Statham Industrial Park, Statham, Georgia. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Crump Financial Holdings, LLC as Attorney in Fact for Herrmann Properties, LLC W. Michael Strickland as Attorney at Law for Crump Financial Holdings, LLC 76 West Candler Street PO Box 249 Winder, Georgia 30680 Our file no.150435H (JA6,13,20,27B/887-140) | Notice of Sale Notice of Sale Under Power Georgia, Barrow 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 JOSE LUIS COLON, II AND TRACI COLON TO MORT GAGE ELECTRONIC REG ISTRATION SYSTEMS, INC. as nominee for RMK Financial Corp DBA Majes tic Home Loan, A California Corporation, its successors and assigns, dated Feb ruary 8, 2014, recorded in Deed Book 1785, Page 624, Barrow County, Georgia Records, as last transferred to CIS Financial Services, Inc. by assignment recorded in Deed Book 1907, Page 98, Barrow County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND SIX HUNDRED TWENTY- FOUR AND 0/100 DOLLARS ($126,624.00), with interest thereon as set forth therein, there will be sold at public out cry to the highest bidder for cash before the courthouse door of Barrow County, Geor gia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tues day in February, 2016, 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 pos sible 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 pro vided 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, cov enants, and matters of record superior to the Security Deed first set out above. CIS Financial Services, Inc. is the holder of the Security Deed to the property in accor dance with OCGA § 44-14- 162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CIS Financial Services, Inc., Post Office Box 1906, Ham ilton, AL 35570 1-855-279- 2162. To the best knowledge and belief of the undersigned, the party in possession of the property is Jose Luis Colon, II and Traci Colon or a tenant or tenants and said property is more commonly known as 187 Rivermist Court, Beth lehem, Georgia 30620. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit of the status of the loan with the holder of the security deed. CIS Financial Services, Inc. as Attorney in Fact for Jose Luis Colon, II and Traci Colon McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT "A” SITUATED IN THE 249TH GMD OF BARROW COUN TY, STATE OF GEORGIA: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 249TH GMD OF BARROW COUN TY, GEORGIA, BEING LOT 43, MADISON CHASE, PER PLAT BOOK 54, PAGE 64, BARROW COUNTY, GEOR GIA, WHICH IS REFERRED TO AND MADE A PART OF THIS DESCRIPTION. TAX ID NO: XX078E043 BEING THE SAME PROP ERTY CONVEYED BY QUIT CLAIM DEED GRANTOR: TRACI COLON GRANTEE: TRACI COLON AND JOSE LUIS COLON, II, AS JOINT TEN ANTS WITH RIGHTS OF SURVIVORSHIP DATED: 12/18/2002 RECORDED: 01/02/2003 DOC# /BOOK-PAGE 0760/0041 ADDRESS: 187 RIVER- MIST CT, BETHLEHEM, GA 30620 MR/dwO 2/2/16 Our file no. 5466315 - FT17 (JA6,13,20,27P4) \ Notice of Sale Notice of Sale Under Power State of Georgia County of Barrow By virtue of the power of sale contained in that cer tain Deed to Secure Debt from HADDIE J. HOOD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR REAL ESTATE MORTGAGE NETWORK, INC. dated April 24, 2012, filed for record April 26, 2012, and recorded in Deed Book 1640, Page 336, BARROW County, Georgia Records, as last transferred to HOMEBRIDGE FINAN CIAL SERVICES, INC. by assignment recorded in Deed Book 1839, Page 3, BARROW County, Geor gia Records. Said Deed to Secure Debt having been given to secure a Note dated April 24, 2012 in the origi nal principal sum of ONE HUNDRED TWENTY NINE THOUSAND SIX HUNDRED TWENTY EIGHT AND 0/100 DOLLARS ($129,628.00), with interest from date at the rate stated in said Note 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 BARROW County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in February, 2016, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 243RD DISTRICT, G.M, BAR- ROW COUNTY, GEORGIA, ENCOMPASSING 1.266 ACRES, MORE OR LESS, AND BEING MORE PARTIC ULARLY DESCRIBED AND DELINEATED ACCORDING TO A PLAT AND SURVEY PREPARED BY W. T. DUNA HOO AND ASSOCIATES, CERTIFIED BY W. T. DUNA HOO, GEORGIA REGIS TERED LAND SURVEYOR NO. 1577, DATED MARCH 27, 2012, ENTITLED 'SUR VEY FOR HADDIE J. HOOD’, AND RECORDED IN PLAT BOOK 62, PAGE 111, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT BAR- ROW COUNTY, GEORGIA RECORDS; WHICH PLAT AND THE RECORDING THEREOF ARE HEREBY INCORPORATED HEREIN BY REFERENCE FOR A MORE DETAILED DESCRIP TION OF THE PROPERTY. To the best of the knowl edge and belief of the under signed, the party in posses sion of the property is HAD DIE J. HOOD or a tenant or tenants. Said property may more commonly be known as: 62 BUENA VISTA ST, WINDER, GA 30680. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees (notice of intent to collect attorney’s fees having been given). The individual or entity that has full authority to negoti ate, amend, and modify all terms of the loan is CENLAR FSB, 425 PHILLIPS BLVD, EWING, NJ 08618-1430; (877) 909-9416. continued on following page