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8B |dawsonnews.com | DAWSON COUNTY NEWS
Wednesday, July 24,2019
objection to the Petition, a
hearing on the matter shall
be (held in the Juvenile
Court of Dawson County,
courtroom A, address 25
Justice Way, Dawsonville,
Georgia on August at 10:30
o'clock a.m.) (scheduled at
a later date). If no objection
is filed, the Petition may be
granted without a hearing.
Is/ Alison W. Toller
Judge of the Probate Court
By:/s/Justin Power
Clerk of the Juvenile Court
25 Justice Way, Suite B02
Dawsonville, GA 30534
706-344-3510
43951,7/17, 24
Foreclosures
(Dudley)
STATE OF GEORGIA
COUNTY OF DAWSON
NOTICE OF SALE UNDER
POWER
Because of a default under
the terms of the Security
Deed executed by Jason
L. Dudley and Wendi
A. Dudley to Mortgage
Electronic Registration
Systems, Inc. as nominee
for Amtrust Mortgage
Corporation dated October
13, 2004, and recorded in
Deed Book 632, Page 415,
Dawson County Records,
said Security Deed having
been last sold, assigned,
transferred and conveyed
to US Bank National
Association, as Trustee
for Bear Stearns Asset
Backed Securities Trust
2005-AC1 Asset-Backed
Certificates, Series 2005-
ACI, securing a Note in the
original principal amount
of $228,000.00, the holder
thereof pursuant to said
Deed and Note thereby
secured has declared the
entire amount of said
indebtedness due and
payable and, pursuant
to the power of sale
contained in said Deed,
will on the first Tuesday,
August 6, 2019, 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 LAND LOT
89 OF THE SOUTH HALF
OF THE 13TH DISTRICT
AND 1ST SECTION OF
DAWSON COUNTY,
GEORGIA, AND BEING
LOT 4 OF THE CHESTATEE
BEND SUBDIVISION,
CONTAINING 0.3874 ACRES
AS SHOWN IN A SURVEY
FOR ROBERT J. SULLIVAN
AND DECATUR FEDERAL
SAVINGS AND LOAN
ASSOCIATION, DATED
SEPTEMBER 25, 1989, AS
PREPARED BY HILTON H.
HOBBY, JR., RLS NO. 2207.
SAID PLAT IS RECORDED IN
PLAT BOOK 26, PAGE 111,
CLERK'S OFFICE, DAWSON
SUPERIOR COURT AND
REFERENCE IS MADE
THERETO FOR A MORE
COMPLETE DESCRIPTION.
ADDITIONAL REFERENCE
IS MADE TO PLAT BOOK
3, PAGE 42, DAWSON
COUNTY DEED RECORDS
FOR A MORE COMPLETE
DESCRIPTION OF LOT
4, CHESTATEE BEND
SUBDIVISION.
Said property is known
as 84 Toto Creek Drive
West, Dawsonville, GA
30534, together with
all fixtures and personal
property attached to and
constituting a part of said
property, if any.
Said property will be sold
subject to any outstanding
ad valorem taxes (including
taxes which are a lien,
whether or not now due
and payable), the right of
redemption of any taxing
authority, any matters
which might be disclosed
by an accurate survey and
inspection of the property,
any assessments, liens,
encumbrances, zoning
ordinances, restrictions,
covenants, and matters
of record superior to the
Security Deed first set out
above.
The proceeds of said
sale will be applied to
the payment of said
indebtedness and all
expenses of said sale as
provided in said Deed, and
the balance, if any, will be
distributed 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
Jason L. Dudley and Wendi
A. Dudley, successor in
interest ortenant(s).
U.S. Bank National
Association, as Trustee
for Bear Stearns Asset
Backed Securities I Trust
2005-AC1, Asset-Backed
Certificates, Series 2005-
ACI as Attorney-in-Fact for
Jason L. Dudley and Wendi
A. Dudley
File no. 19-072709
SHAPIRO PENDERGAST &
HASTY, LLP*
Attorneys and Counselors
at Law
211 Perimeter Center
Parkway, N.E., Suite 300
Atlanta, GA 30346
770-220-2535/KMM
shapiroandhasty.com
*THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR.
ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
43752, 7/10,17, 24,31
(Hyland)
NOTICE OF POWER OF
SALE CONTAINED IN
SECURITY DEED
STATE OF GEORGIA
COUNTY OF DAWSON
Under and by virtue of the
power of sale contained in
that certain Deed to Secure
Debt from Jere Hyland and
Dawn Hyland (hereinafter
referred to collectively as
"Grantor") to Bank of North
Georgia, dated May 2,
2008, and recorded in Deed
Book 867, Page 66, Dawson
County, Georgia records
(the "Security Deed"),
Synovus Bank, formerly
known as Columbus
Bank and Trust Company,
as successor in interest
through name change and
by merger with Bank of
North Georgia (hereinafter
referred to as the "Secured
Creditor"), the present
holder of the Promissory
Note and Security Deed
defined herein, as attorney
in fact for Grantor, will sell
at public outcry to the
highest and best bidder
for cash between the
legal hours of sale before
the courthouse door of
Dawson County, Georgia
on the first Tuesday in
August, 2019, August
6, 2019, the following
described property (the
"Property"), to-wit:
All that tract or parcel of
land lying and being in
Land Lot 399 of the 13th
District and 1st Section of
Dawson County, Georgia,
being Lot No. 3 of Yan-Car
Subdivision, as shown on
a plat of said subdivision
recorded in Plat Book 1,
page 92, of the Dawson
County records, which
plat is incorporated herein
by reference for a more
complete description
thereof.
The street address of
the property is 494
Laina Bennett Road,
Dawsonville, GA 30534
according to the current
system of numbering.
Said Security Deed secures
that certain TLC Home
Equity Options Agreement
dated May 2,2008 made by
Grantors in favor of Secured
Creditor in the principal
amount of TWO HUNDRED
SEVENTY-TWO THOUSAND
AND 00/100ths Dollars
($272,000.00) (hereinafter
referred to as the
"Promissory Note"), with
interest thereon, together
with any and all sums
paid by Secured Creditor
to protect the security of
said Security Deed and any
and all other indebtedness
owing by Grantor to
Secured Creditor.
The indebtedness arising
from the Promissory Note
has been and is hereby
declared due because of
default under the terms
of the Promissory Note,
including, but not limited
to the nonpayment of
principal and interest when
due. The indebtedness
remaining in default,
the sale will be made for
the purpose of applying
the proceeds thereof
to the payment of the
indebtedness secured by
the Security Deed, accrued
interest and expenses
of the sale, and all other
payments provided for
under the Promissory
Note and Security Deed,
including attorneys'fees as
provided in the Promissory
Note and Security Deed,
notice of intention to
collect attorneys' fees
having been given as
provided by law; and the
remainder, if any, shall be
applied as provided by law.
The following information
is being provided in
accordance with OCGA
§44-14-162.2. Synovus
BankistheSecured Creditor
under the Security Deed
and loan being foreclosed.
The following entity shall
have full authority to
negotiate, amend, and
modify all terms of the
above-described Security
Deed and associated notes
on behalf of the Secured
Creditor: Synovus Bank,
P.O. Box 120, Columbus,
GA 31902; Telephone
No.: (770) 343-6423, Attn:
Foreclosures. OCGA
§44-14-162.2 states
in pertinent part that,
"nothing in this subsection
shall be construed to
require a secured creditor
to negotiate, amend, or
modify the terms of a
mortgage instrument."
The sale will be conducted
subject (1) to confirmation
that the sale is not
prohibited under the U.S.
Bankruptcy Code, and (2)
to final confirmation and
audit of the status of the
loan with the holder of said
Security Deed.
Said property will be
sold subject to all liens,
encumbrances, unpaid
real estate ad valorem
taxes and governmental
assessments and to all
prior restrictions, rights
of-way, and easements of
record, if any, appearing
of record prior to the date
of the Security Deed and
those appearing after the
date of the Security Deed
and consented to by the
Secured Creditor.
To the best knowledge
and belief of Secured
Creditor, the equitable title
to the Property is vested in
Grantor.
SYNOVUS BANK,
FORMERLY KNOWN AS
COLUMBUS BANK AND
TRUST COMPANY, AS
SUCCESSOR IN INTEREST
THROUGH NAME CHANGE
AND BY MERGER WITH
BANK OF NORTH GEORGIA,
AS ATTOR-iNEY IN FACT
FOR JERE HYLAND AND
DAWN HYLAND.
Attorney for Attorney-in-
Fact
Randolph B. Jones, III
Page, Scrantom, Sprouse,
Tucker & Ford, P.C.
1111 Bay Avenue, 3rd Floor
Post Office Box 1199
Columbus, Georgia 31902
(706) 324-0251
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
43761,7/10,17, 24,31
(Lopez-Arcos)
NOTICE OF SALE UNDER
POWER, DAWSON
COUNTY
Pursuant to the Power of
Sale contained in a Security
Deed given by Rodrigo
Lopez-Arcos to Mortgage
Electronic Registration
Systems, Inc. as nominee
for Guaranty Mortgage
Services LLC dated
12/17/2010 and recorded
in Deed Book 972 Page 91
Dawson County, Georgia
records; as last transferred
tooracquired byJPMorgan
Chase Bank, National
Association, conveying
the after-described
property to secure a Note
in the original principal
amount of $150,259.00,
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 Dawson County,
Georgia (or such other area
as designated by Order of
the Superior Court of said
county), within the legal
hours of sale on August
6, 2019 (being the first
Tuesday of said month
unless said date falls
on a Federal Holiday, in
which case being the first
Wednesday of said month),
the following described
property:
All that tract or parcel of
land lying and being in
Land Lot 541 of the South
Half of the 13th District, 1st
Section of Dawson County,
Georgia, and being Lot
115 of Highland Pointe at
Oakmont, Phase ll-B, as
shown on a subdivision
plat recorded in Plat Book
74, Page 217, Dawson
County, Georgia Records,
which plat is incorporated
herein by reference for a
more complete description
thereof.
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 139 Northfield
Circle, Dawsonville, GA
30534 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): Rodrigo Lopez-Arcos
or tenant or tenants.
JPMorgan Chase Bank, NA
is the entity or individual
designated 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
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 payable
and which may not be
of record, (c) the right of
redemption of any taxing
authority, (d) any matters
which might be disclosed
by an accurate survey and
inspection of the property,
and (e) 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.
JPMorgan Chase Bank,
National Association as
agent and Attorney in Fact
for Rodrigo Lopez-Arcos
Aldridge Pite, LLP, 15
Piedmont Center, 3575
Piedmont Road, N.E., Suite
500, Atlanta, Georgia
30305, (404) 994-7637.
1031-2208A
THIS LAW FIRM MAY
BE ACTING AS A DEBT
COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE. 1031-2208A
43751,7/10,17, 24,31
(Monarch at Dawson
Village, LLC)
STATE OF GEORGIA
COUNTY OF DAWSON
NOTICE OF SALE UNDER
POWER
WHEREAS, Monarch at
Dawson Village, LLC, a
Delaware limited liability
company ("Borrower"),
executed and delivered to
LSTAR Capital Finance, Inc.,
a Delaware corporation
("Original Lender"), that
certain Deed to Secure Debt
and Security Agreement
and UCC Fixture Filing (the
"Security Deed"), made
as of March 5, 2015, filed
March 9, 2015 in Deed
Book 1143, beginning at
Page 455, with the Clerk
of the Superior Court of
Dawson County, Georgia
(the "Dawson County
Records"), as assigned
by Original Lender to
Relius II, LLC, a Delaware
limited liability company
("First Interim Holder"),
pursuant to that certain
Assignment of Security
Instruments, effective as
of March 9, 2015, filed
March 17, 2015 in Deed
Book 1144, beginning at
Page 466, in the Dawson
County Records, as further
assigned, transferred, set
over and conveyed by
First Interim Holder to
Relius Loan Seller, LLC, a
Delaware limited liability
company ("Second Interim
Holder"), pursuant to that
certain Assignment of
Deed to Secure Debt and
Security Agreement and
UCC Fixture Filing, effective
as of June 1, 2015, filed
July 20, 2015 in Deed Book
1160, beginning at Page
581, in the Dawson County
Records, and as further
assigned, transferred, set
over and conveyed by
Second Interim Holder to
Wilmington Trust, National
Association, as Trustee
for the registered holders
of LSTAR Commercial
Mortgage Trust 2015-3,
Commercial Mortgage
Pass-Through Certificates,
Series 2015-3 ("Holder"),
pursuant to that certain
Assignment of Deed to
Secure Debt and Security
Agreement and UCC
Fixture Filing, effective as
of June 1, 2015, filed July
20, 2015 in Deed Book
1160, beginning at Page
587, in the Dawson County
Records (said Security
Deed, as so assigned, being
hereinafter called the
"Security Instrument"); and
WHEREAS, under and
pursuant to the Security
Instrument, Borrower did
thereby irrevocably grant,
bargain, sell, pledge,
assign, warrant, transfer
and convey to and grant a
security interest to Holder
(as subsequent successor
and assign of Original
Lender) and its successors
and assigns, WITH POWER
OF SALE, in the following
property, rights, interests
and estates then owned,
or thereafter acquired by
Borrower (collectively, the
"Property"):
(a) Land. The real
property more particularly
described as follows (the
"Land"):
TRACT 1 (Fee Parcel):
All that tract or parcel of
land lying and being in
Land Lots 282 and 315
of the South Half of the
South Half of the 13th
District, Dawson County,
Georgia and being more
particularly described as
follows:
To find the True Point of
Beginning commence
at a concrete right-of-
way monument at the
intersection of the easterly
right-of-way of Georgia
Highway 53 (Right-of-Way
varies) and the southerly
mitered corner of Georgia
Highway 400 (160 foot
Right-of-Way); thence
along the easterly right-of-
way of Georgia 53 South
41 degrees 54 minutes 53
seconds East a distance
of 128.30 feet to a point
and the True Point of
Beginning; thence leaving
said point and right-of-
way North 48 degrees 01
minute 19 seconds East a
distance of 50.14 feet to
a point; thence along a
curve to the right an arc
distance of 68.28 feet to
a point, said arc having a
radius of 514.99 feet and
a chord which bears North
51 degrees 56 minutes
04 seconds East a chord
distance of 68.23 feet;
thence North 55 degrees
50 minutes 48 seconds
East a distance of 52.44
feet to a point; thence
along a curve to the left an
arc distance of 101.63 feet
to a point, said arc having
a radius of 507.10 feet and
a chord which bears North
50 degrees 01 minute 25
seconds East a distance of
101.46 feet; thence North
45 degrees 47 minutes 59
seconds West a distance
of 138.68 feet to a point;
thence North 89 degrees 09
minutes 52 seconds West
a distance of 14.65 feet
to a point; thence North
42 degrees 07 minutes 48
seconds East a distance
of 224.01 feet to a point;
thence South 49 degrees
04 minutes 11 seconds East
a distance of 47.73 feet to
a point; thence North 40
degrees 38 minutes 38
seconds East a distance
of 112.70 feet to a point;
thence South 76 degrees
47 minutes 54 seconds East
a distance of 173.00 feet
to a point; thence North
79 degrees 46 minutes 48
seconds East a distance
of 45.50 feet to a point;
thence South 76 degrees
40 minutes 43 seconds East
a distance of 350.00 feet
to a point; thence South
00 degrees 12 minutes 07
seconds West a distance
of 456.30 feet to a point;
thence North 89 degrees
47 minutes 54 seconds
West a distance of 362.51
feet to a point; thence
South 48 degrees 05
minutes 07 seconds West
a distance of 342.63 feet
to a point; thence North
89 degrees 48 minutes 22
seconds West a distance
of 96.53 feet to a point on
the right-of-way of Georgia
Highway 53; thence along
said right-of-way North
41 degrees 52 minutes 47
seconds West a distance
of 37.85 feet to a point;
thence North 47 degrees
26 minutes 10 seconds East
a distance of 70.00 feet to
a point; thence North 41
degrees 54 minutes 53
seconds West a distance
of 255.52 feet to a point;
thence South 46 degrees
43 minutes 06 seconds
West a distance of 10.00
feet to a point; thence
North 41 degrees 54
minutes 53 seconds West a
distance of 66.31 feet to a
point and the True Point of
Beginning;
Less and Except that
certain tract of land
conveyed to Department
of Transportation by
Declaration of Taking
styled Department of
Transportation vs. Edens &
Avant Financing II Limited
Partnership, et al, Superior
Court of Dawson County
Docket No. 2014-CV-361-B,
dated July 10, 2014, filed
September 10, 2014, and
recorded in Deed Book
1125, Page 130, Dawson
County, Georgia records;
TRACT 1 also being
described as (Overall
Parcel):
All that tract or parcel of
land lying and being in
Land Lots 282 and 315
of the South Half of the
South Half of the 13th
District, Dawson County,
Georgia and being more
particularly described as
follows:
To find the True Point of
Beginning commence
at a concrete right-of-
way monument at the
intersection of the easterly
right-of-way of Georgia
Highway 53 (Right-of-Way
varies) and the southerly
mitered corner of Georgia
Highway 400 (160 foot
Right-of-Way); thence
along the easterly right-of-
way of Georgia 53 South
41 degrees 54 minutes 53
seconds East a distance
of 128.30 feet to a point
and the True Point of
Beginning; thence leaving
said point and right-of-
way North 48 degrees 01
minute 19 seconds East a
distance of 50.14 feet to
a point; thence along a
curve to the right an arc
distance of 68.28 feet to
a point, said arc having a
radius of 514.99 feet and
a chord which bears North
51 degrees 56 minutes
04 seconds East a chord
distance of 68.23 feet;
thence North 55 degrees
50 minutes 48 seconds
East a distance of 52.44
feet to a point; thence
along a curve to the left an
arc distance of 101.63 feet
to a point, said arc having
a radius of 507.10 feet and
a chord which bears North
50 degrees 01 minute 25
seconds East a distance of
101.46 feet; thence North
45 degrees 47 minutes 59
seconds West a distance
of 138.68 feet to a point;
thence North 89 degrees 09
minutes 52 seconds West
a distance of 14.65 feet
to a point; thence North
42 degrees 19 minutes 11
seconds East a distance of
223.88 feet to a 1/2 inch
rebar found; thence South
49 degrees 08 minutes 46
seconds East a distance
of 47.66 feet to a 1/2 inch
rebar found; thence North
40 degrees 44 minutes 21
seconds East a distance of
112.57 feet to a 1/2 inch
rebar found; thence South
76 degrees 59 minutes 31
seconds East a distance
of 172.34 feet to an iron
pin set; thence North 79
degrees 46 minutes 48
