Barrow journal. (Winder, Ga.) 2008-2016, February 17, 2016, Image 17

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Barrow journal., February 17, 2016, Image 17

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Newspaper Page TextWEDNESDAY, FEBRUARY 17, 2016 BARROW JOURNAL PAGE 5B-W Sheriff Smith Jud 770 307 3080 EMAIL your legals to legals@barrowjournal.com DEADLINE: Thursday Noon prior to the first publication date. View Legal & Public Notices for all 159 Georgia Counties at GeorgiaPublicNotice.com Court Regina McIntyre 770-307-3035 Probate Judge Tammy Brown 770-307-3045 MainStreet Newspapers will no longer make corrections to punctuation, upper/ lower corrections (i.e.: street names, person’s names and initials), and other minor corrections to public notices that are e-mailed to us. The foreclosure will publish in the paper exactly as received from the foreclosing agency. Notice of Sale Notice of Sale Under Power State of Georgia County of Barrow Because of a default under the terms of the Security Deed executed by BRIAN F. ROW- LEY AND BRANDY ROW- LEY TO MORTGAGE ELEC TRONIC REGISTRATION SYSTEMS, INC. as nominee for Taylor, Bean and Whita ker Mortgage Corp. and its successors and assigns dated March 17, 2006, and recorded in Deed Book 1164, Page 192, and Deed Book 1436, Page 256, Barrow County Records, said Security Deed hav ing been last sold, assigned, transferred and conveyed to Selene Finance LP by Assign ment, securing a Note in the original principal amount of $129,320.00, the holder there of pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tues day, March 1, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: ALL THAT TRACT OR PAR CEL OF LAND, situate, lying and being in the 1742nd G.M. District, Barrow County, Geor gia, known as Lot 25, Block B of Rivers Call Subdivision as per plat recorded in Plat Book 56, Page 67, Barrow County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. Said property is known as 303 Presh Ct., Winder, GA 30680, together with all fix tures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as pro vided in said Deed, and the balance, if any, will be distrib uted as provided by law. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the secured creditor. The property is or may be in the possession of Brian F. Rowley and Brandy Row- ley, successor in interest or tenant(s). Selene Finance LP as Attor- ney-in-Fact for Brian F. Rowley and Brandy Rowley File no. 15-053312 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 770-220-2535/CH shapiroandhasty.com *THE LAW FIRM IS ACT ING AS A DEBT COLLEC TOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 02/03, 02/10, 02/17, 02/24, 2016 [FC-NOS] (FE3,10,17,24B/1323-50T1P) \ Notice of Sale Notice of Sale Under Power Georgia, Barrow County Under and by virtue of the Power of Sale contained in a Security Deed given by WAYNE A. COURSON TO GWINNETT FEDERAL SAV INGS AND LOAN ASSO CIATION, dated 11/30/1989, recorded in Deed Book 134, Page 590, Barrow County, Georgia records, as last trans ferred to Christiana Trust, a division of Wilmington Sav ings Fund Society, FSB, not in its individual capacity but as Trustee of ARLP Trust 5 by assignment recorded or to be recorded in the Barrow Coun ty, Georgia records conveying the after-described property to secure a Note in the origi nal principal amount of FIFTY THOUSAND AND 00/100 DOLLARS ($50,000.00), 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 Barrow County, Georgia, within the legal hours of sale on the first Tuesday in March 2016, the following described property: All that tract or parcel of land situate, lying and being in the 243rd District, G.M., in the City of Winder, Bar- row County, Georgia, being House No. 107, containing 0.207 acres, and more particu larly described and delineated according to a plat of survey entitled “Survey for Wayne A. Courson”, prepared by Bor ders and Associates, certified by Paul E Borders, Georgia Registered Surveyor No. 1995, dated November 17, 1989 and being of record in the Office of the Clerk of the Superior Court for Barrow County, Georgia, in Plat Book 33, Page 251, which plat and it's recording are by reference incorporated herein for further identification and description. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner pro vided 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 hav ing 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 mat ters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encum brances, 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: Fay Servicing, LLC, 939 W. North Avenue, Chicago, IL 60642, 312-780-0446. Please understand that the secured creditor is not required by law to negotiate, amend, or mod ify the terms of the mortgage instrument. To the best knowledge and belief of the undersigned, the parties in possession of the property are ALLEN WAYNE ESTATE, Estate of Wayne A, Courson , Carolyn Sue Bohner, as as Administratrix of the Estate of Wayne A. Cour son or a tenant or tenants and said property is more com monly known as 107 N CEN TER ST, WINDER, GA 30680. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its indi vidual capacity but as Trustee of ARLP Trust 5 as Attorney in Fact for ALLEN WAYNE ESTATE, Estate of Wayne A, Courson , Carolyn Sue Bohner, as as Administratrix of the Estate of Wayne A. Cour son Weissman, Nowack, Curry, & Wilco PC. Attn: Lender Services One Alliance Center, 4th Floor 3500 Lenox Road Atlanta, GA 30326 Our File# 016357-000117 (FE3,10,17,24P4) \ Notice of Sale Notice of Sale Under Power Barrow County Pursuant to the Power of Sale contained in a Security Deed given by SHARESE GARBUT AND ROY GARBUT TO MORTGAGE ELECTRON IC REGISTRATION SYS TEMS, INC. as nominee for Decision One Mortgage Com pany, LLC dated 7/21/2006 and recorded in Deed Book 1207 Page 605, Barrow County, Georgia records; as last transferred to or acquired by FV-I, Inc. as trustee for Morgan Stanley Mortgage Capital Holdings LLC, convey ing the after-described prop erty to secure a Note in the original principal amount of $ 145,156.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the high est bidder for cash before the Courthouse door of Barrow County, Georgia, within the legal hours of sale on March 01, 2016 (being the first Tues day of said month unless said date falls on a Federal Holi day), the following described property: ALL THAT TRACT OR PAR CEL OF LAND lying and being in the 1742nd General Mili tia District of Barrow County, Georgia and being more par ticularly described as Lot 13, Block A of Kirkland Manor, according to a plat of survey dated September 26, 2005, by Ringo Abernathy & Associates, certified by S. Guy Abernathy, Georgia Registered Land Sur veyor No. 16202, as recorded in Plat Book 58, Page 115, Barrow County, Georgia Records which plat is incorpo rated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein. 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 pro vided 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 Secu rity Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees hav ing been given). Said property is common ly known as 2002 Kirkland Circle, , Statham, GA 30666 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 par ties) in possession of the sub ject property is (are): Sharese Garbut and Roy Garbut or ten ant or tenants. Specialized Loan Servicing is the entity or individual des ignated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Specialized Loan Servicing Customer Assistance 8742 Lucent Blvd Suite 300 Highlands Ranch, CO 80129 800-306-6059 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 outstanding ad valorem taxes (including 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 pay able and which may not be of record, (c) the right of redemp tion of any taxing authority, (d) any matters which might be disclosed by an accurate sur vey and inspection of the prop erty, 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. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain pro cedures regarding the rescis sion 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. FV-I, Inc. as trustee for Mor gan Stanley Mortgage Capital Holdings LLC as agent and Attorney in Fact for Sharese Garbut and Roy Garbut 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. 1087-1357A 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. 1087-1357A (FE3,10,17,24B/20795-80P) \ 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 BER- NETTA MAYWEATHER TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for Element Funding, its successors and assigns, dated December 14, 2007, recorded in Deed Book 1369, Page 826, Barrow County, Georgia Records, as last transferred to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust by assignment recorded in Deed Book 1860, Page 505, Barrow County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-TWO THOUSAND NINE HUNDRED FORTY- NINE AND 0/100 DOLLARS ($132,949.00), and a Secu rity Deed given by Bernetta Mayweather to Secretary of Housing and Urban Develop ment, dated , recorded in Deed Book 1453, Page 772, Barrow County, Georgia Records as last transferred to Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust by assignment recorded in Deed Book 1888, Page 620, Barrow County, Georgia Records, conveying the after- described property to secure a Note in the original principal amount of FIVE THOUSAND FIVE HUNDRED TWENTY- NINE AND 42/100 DOLLARS ($5,529.42), 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 Barrow County, Geor gia, or at such place as may be lawfully designated as an alter native, within the legal hours of sale on the first Tuesday in March, 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 possible events of default, failure to pay the indebtedness as and when due and in the manner pro vided 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 hav ing 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 mat ters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust is the holder of the Security Deed to the property in accordance 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: Rushmore Loan Management Services, LLC, 7515 Irvine Center Drive 1st Floor, Irvine, CA 92618 888-504-7300. To the best knowledge and belief of the undersigned, the party in possession of the prop erty is Bernetta Mayweather or a tenant or tenants and said property is more commonly known as 914 Justin Drive, Winder, Georgia 30680. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as trustee for Pretium Mortgage Acquisition Trust as Attorney in Fact for Bernetta Mayweather McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net EXHIBIT “A” All that tract or parcel of land lying and being in the 246th District, G.M., State of Geor gia, County of Barrow, being known as Lot 65 of Unit 3, and more particularly described and delineated according to a plat and survey prepared by Borders and Associates, Certi fied by Paul Borders, Georgia Registered Land Surveyor No. 1995, dated September 13, 1999, entitled “Patterson Mill- Unit Three”, said plat being of record in the Office of the Clerk of Superior Court of Barrow County, Georgia in Plat Book 51, Page 77; which said plat and the recording thereof are by reference thereto incorpo rated herein for a more com plete and detailed description. Property is subjected to Protective Covenants dated 09-22-97 filed and recorded at Deed Book 381, Page 340, Barrow County Records. MR/ca 3/1/16 Our file no. 598715 - FT18 (FE3,10,17,24P4) \ Notice of Sale Notice of Sale Under Power State of Georgia County of Barrow Because of a default under the terms of the Security Deed executed by WILLIAM R. TRISSEL II AND ANGELA TRISSEL TO MORTGAGE ELECTRONIC REGISTRA TION SYSTEMS, INC. as nominee for Home America Mortgage, Inc. and its succes sors and assigns dated Janu ary 31, 2008, and recorded in Deed Book 1378, Page 829, Barrow County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Selene Finance LP by Assignment, securing a Note in the original princi pal amount of $146,164.00, the holder thereof pursuant to said Deed and Note there by secured has declared the entire amount of said indebt edness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, March 1, 2016, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 243RD DISTRICT, G.M. BARROW COUNTY, GEORGIA, BEING LOT 2, BLACK A, UNIT ONE, ARROWHATCHEE SUBDI VISION, AND BEING MORE PARTICULARLY DESCRIBED AND DELINEATED ACCORD ING TO A PLAT AND SURVEY PREPARED BY W.T. DUNA- HOO AND ASSOCIATES, INC. CERTIFIED BY W.T. DUNAHOO GRLS NO. 1577, DATED OCTOBER 21, 2000 ENTITLED “FINAL PLAN FOR ARROWHATCHEE-UNIT ONE” SAID PLAT RECORD ED IN PLAT BOOK 51, PAGE 223, BARROW COUNTY, GEORGIA. WHICH PLAT IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE. Said property is known as 377 Arrowhatchee Dr., Wind er, GA 30680, together with all fixtures and personal property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as pro vided in said Deed, and the balance, if any, will be distrib uted as provided by law. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the secured creditor. The property is or may be in the possession of William R. Trissel, II and Angela Tris- sel, successor in interest or tenant(s). Selene Finance LP as Attor- ney-in-Fact for William R. Tris sel II and Angela Trissel File no. 15-053031 SHAPIRO PENDERGAST & HASTY, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 770-220-2535/CH shapiroandhasty.com *THE LAW FIRM IS ACT ING AS A DEBT COLLEC TOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 02/03, 02/10, 02/17, 02/24, 2016 [FC-NOS] (FE3,10,17,24B/1323-60T1P) \ Notice of Sale Notice of Sale Under Power Barrow County Pursuant to the Power of Sale contained in a Securi ty Deed given by ANITA C WEST TO SECRETARY OF VETERANS AFFAIRS dated 5/23/2000 and recorded in Deed Book 543 Page 467, Barrow County, Georgia records; as last transferred to or acquired by DEUTSCHE BANK NATIONAL TRUST COMPANY FKA BANK ERS TRUST COMPANY OF CALIFORNIA, N.A., AS TRUSTEE FOR THE HOLD ERS OF VENDEE MORT GAGE TRUST 2000-3, con veying the after-described property to secure a Note in the original principal amount of $ 110,228.00, with interest at the rate specified therein, there will be sold by the undersigned continued on following page