Newspaper Page Text
LEGALS from page 4B
UM.
Lakeview Forest, L.L.C. has filed an appeal
with the proper authorities seeking a vari
ance to the requirements of the
Comprehensive Zoning and Land Use
Resolution and Ordinance of Forsyth
County. The appellant is requesting a vari
ance to the Forsyth County Department of
Water and Sewer Standards and
Specifications that require water lines to be
placed on county rights-of-way. The appel
lant is requesting to place the water line
within a proposed 20 foot easement in order
to create a looped water system within a
subdivision.
The property is located in Timberline at Lake
Lanier Subdivision on Little Mill Road and is
currently zoned R2R (Single Family
Residential Restricted).
Information regarding this hearing may be
examined in the office of the Department of
Planning & Development, 110 East Main
Street, Suite 100, Ground Floor, Forsyth
County Administration Building, during regu
lar business hours.
The Forsyth County Board of Appeals will
conduct a hearing on this appeal at its regu
lars meeting to be held on Tuesday, August
6, 1996 at 7:30 p.m. in the Commissioners
Meeting Room. Room #220, Forsyth County
Administration Building, Cumming, Georgia.
All interested persons should be in atten
dance.
APPEALS FILE #96-061
L459,7/17
Province Group, Inc. has filed an appeal with
the proper authorities seeking a variance to
the requirements of the Comprehensive
Zoning and Land Use Resoluntion and
Ordinance of Forsyth County. The appellant
is requesting a front yard variance of 17 feet
to allow a house to remain 33 feet from the
edge of the right-of-way Instead of the
required 50 feet.
The property is located in Hyde Park
Subdivision, Lot #53, 5120 Hyde Way and is
currently zoned R2R (Single Family
Residential Restricted).
Information regarding this hearing may be
examined in the office of the Department of
Planning & Development, 110 East Main
Street, Suite 100, Ground Floor, Forsyth
County Administration Building, during regu
lar business hours.
The Forsyth County Board of Appeals will
conduct a hearing on thsi appeal at its regu
lar meeting to beheld on Tuesday, August 6,
1996 at 7:30 p.m. in the Commissioners
Meeting Room, Room #220, Forsyth County
Administration Building, Cumming, Georgia.
All interested persons should be in atten
rianrp
APPEALS FILE #96-048 •
L46S, 7/17
FORECLOSURES
GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
WHEREAS, heretofore on February 20,
1995, MICHAEL L. MARTELL and LYNN C.
MARTELL executed a Security Deed to
JOHN J. MITCHELL, which Security Deed is
recorded in Deed Book 829, pagefs) 423-
426, Clerk's Office, Forsyth County Superior
Court; and WHEREAS, the indebtedness
secured by said Security Deed has become
in default under the terms and conditions of
said Security Deed and JOHN J. MITCHELL
has declared all of said indebtedness
secured thereby due and payable; NOW,
THEREFORE, in exercise of the power of
sale contained in said Security Deed and in
accordance with the law in such cases made
and provided, the undersigned, as attorney
in fact for the said MICHAEL L. MARTELL
AND LYNN C. MARTELL will sell the below
described property to the highest and best
bidder for cash before the courthouse door
in Cumming, Forsyth County, Georgia,
between the legal hours of sale on the first
Tuesday in August, 1996. The property to be
sold Is described as follows:
All that tract or parcel of land lying and being
in Land Lots 87, 88 and 150 of the 14th
District and Ist Section of Forsyth County,
Georgia, and being .29 acres as shown in a
survey for Michael L. Martell designated as
Lots 251 and 252 and a portion of Lots 227
and 228, Hill Top Section, Shady Shores
Development being property depicted in the
aforereferenced survey prepared by Jick A.
Page, Jr., RLS No. 1894. Said plat is record
ed in Plat Book 42, page 117, Clerk's Office,
Forsyth Superior Codrt and reference is
made thereto for a more complete descrip
tion. The above referenced survey is dated
January 31,1995.
Subject to reserved well easement agree
ment in favor of John J< Mitchell by virtue of
warranty deed dated February 20,1995.
The address of the above described property
is 3860 Grand Prix Street, Cumming,
Georgia, 30131.
Said property will be sold subject to any out
standing ad valorem taxes (including taxes
which are a lien, but not yet due and
payable), any matters which might be dis
closed by an accurate survey and inspection
of the property, any assessments, liens,
encumbrances, zoning’ordinances, restric
tions, covenants, any matters of record
superior to the Security Deed first set out
above, and rights of redemption, if any, con
ferred by applicable state or federal law.
The proceeds from said sale will be used
first to pay said Security Deed in favor of
JOHN J. MITCHELL and the Note which it
". ecures, legal fees and the costs of foreclo
sure and the balance, if any, will be dis
bursed to the parties entitled thereto as pro
vided by law.
To the best knowledge and belief of the
undersigned, the parties in possession of the
property are MICHAEL L. MARTELL AND
LYNN C. MARTELL.
JOHN J. MITCHELL AS ATTORNEY IN
FACT FOR MICHAEL L. MARTELL AND
LYNN C. MARTELL
BOLING, RICE, BETTIS, BAGLEY &
MARTIN
Attorneys for John J. Mitchell
P. O. Box 244
Cumming, Georgia 30130
770-887-3162
L 412, 7/10,17,24,31
NOTICE OF SALE UNDER POWER
CONTAINED IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Pursuant to a power of sale contained in a
certain security deed executed by Jere L.
White and Nancy C. White, hereinafter
referred to as Grantor, with the singular
including the plural, to Sunrise Mortgage
Company recorded in Deed Book 767,
beginning at page 664-670, of the deed
records of the Clerk of the Superior Court of
the aforesaid state and county, and by virtue
of a default in the payment of the debt
secured by said security deed, the under
signed attorney-in-fact for the aforesaid
Grantor (which attorney-in-fact is the present
holder of said security deed and note
secured thereby) will sell before the door of
the courthouse In said county within the legal
hours of sale, for cash, to the highest bidder
on the first Tuesday in August, 1996, the
property which, as of the time of the execu
tion of said security deed, was described as
set forth in the attached Exhibit “A". Said
sale will be made subject to the following
items which may affect the title to said prop
erty: All restrictive covenants, easements
and rights-of-way appearing of record, If any;
all zoning ordinances; matters which would
be disclosed by an accurate survey or by an
Inspection of the property; all outstanding
and/or unpaid taxes which may be Hens
upon the property; all outstanding or unpaid
bills and assessments for street improve
ments, curbing, garbage, water, sewage and
public utilities which may be lien's upon said
property. To the best of the undersigned’s
knowledge and belief, the party in posses
sion of the property is believed to be Jere L.
White and Nancy C. White.
Commercial Federal Mortgage Corporation,
As Transferee and Assignee
As attomey-in-fact for the aforesaid Grantor
J. Michael Campbell
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
EXHIBIT “A"
Commercial/White
96-22308/11917126
AH that tract or parcel of land lying and being
in Land Lot 185 of the 14th District, Ist
Section of Forsyth County, Georgia, and
being Lot 19, Block C, Lanier Country Club
Estates, Unit IV, as shown on plat recorded
in Plat Book 4, page 159, Forsyth County
Records, and being known as Route 8,
Cartton Road, according to the present sys
tem of numbering.
L413,7/10,17, 24, 31
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
BY VIRTUE of the power of sale contained
in that certain Deed to Secure Debt from
LANIER CONSTRUCTION, INC. to
ETOWAH BANK dated OCTOBER 21,1994,
in the original principal amount of
$134,925.00 and recorded in Deed Book
801, Page 121 of the Forsyth County Deed
Records, there will be sold by the under
signed at public outcry before the
Courthouse door In Forsyth County, Georgia
in the first Tuesday in AUGUST, 1996, dur
ing the legal hours of sale to the highest bid
der for cash the following described proper-
SjLl THAT TRACT OR PARCEL OF LAND
LYING AND BEING IN LAND LOT 948 OF
THE 2ND DISTRICT, IST SECTION,
FORSYTH COUNTY, GEORGIA, BEING
LOT 74, CHARTWELL SUBDIVISION,
PHASE 11, AS PER PLAT RECORDED AT
PLAT BOOK 39, PAGES 21-22, FORSYTH
COUNTY RECORDS, WHICH SAID PLAT
IS INCORPORATED HEREIN AND MADE A
PART HEREOF.
SUBJECT TO ALL EASEMENTS AND
RESTRICTIONS OF RECORD AND THOSE
OF WHICH GRANTEE HAS KNOWLEDGE.
The indebtedness secured by said Deed to
Secure Debt being in default said sale will be
made for the purpose of paying said indebt
edness and all expenses in connection with
the sale, including attorney's fees.
Said property will be sold, subject to any
unpaid taxes, assessments, easements and
restr ctlons of record as the property of
LANIER CONSTRUCTION, INC. who is to
the best of the knowledge and belief of the
undersigned, the party in possession of said
properly.
ETOWAH BANK, as
Attorney-in-fact for
LANIER CONSTRUCTION, INC.
BY:/s/Kim Sellers
SELLERS & WARREN
Attorney for Etowah Bank
8681 Highway 92
Suite 200
Woodstock, GA 30189
Phone (770) 924-9366
L 414, 7/10,17, 24, 31
STATE OF GEORGIA
COUNTY OF FORSYTH
MOTZ/91-1965
VA #1 h-404-763-GA
LOAN #282674
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the
Indebtedness secured by a Security Deed
executed by Charles Edgar Motz to
Mortgage Services Group, Inc. dated
December 19, 1979, and recorded In Deed
Book 197, Page 413, Forsyth County
Records, said Security Deed having been
last sold, assigned, transferred and con
veyed to Franklin Society Federal Savings
and Loan Association now First Federal
Savings and Loan of Rochester by assign
ment dated April 21, 1980, and recorded in
Deed Book 215, Page 440, aforesaid
records, securing a Note in the original prin
cipal amount of $28,500.00; 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, 1996, during the legal
hours of sale, before the Courthouse door in
said County, sell at public outcry to the high
est bidder for cash, the prooerty described in
said Deed, to-wit:
All that tract or parcel of land lying and being
in Land Lots 1268 and 1275 of the 14th
District, Ist Section, Forsyth County,
Georgia, being Lot 28, Crystal Cove
Subdivision, as per plat recorded in Plat
Book 12, page 156, Records of Forsyth
County, Georgia, which plat is hereby
referred to and made a part hereof by refer
ence, and being more particularly shown on
survey prepared by Easton Pendley &
Assoc., Inc., dated December 11, 1979,
together with wood burning stove, refrigera
tor, if present, and with all fixtures and per
sonal property attached to and constituting a
part of said property, if any, and being
known as 6720 Crystal Cove Trail,
Gainesville, Georgia 30506 and being locat
ed on Route 1, Sawnee Trail, Gainesville,
Georgia 30506.
Said property will be sold to any outstanding
ad valorem taxes (including taxes which are
a lien, whether or not now due and payable),
any matters which might be disclosed by an
accurate survey and inspection of the prop
erty, any assessments, liens, encum
brances, zoning ordinances, restrictions,
covenants, and matters of record superior to
the Security Deed first set out above.
Notice has been given of intention to collect
attorney's fees in accordance with the terms
of the Note secured by said Deed.
Said property will be sold as the property of
Charles Edgar Motz, the property, to the
best information, knowledge and belief of the
undersigned, being presently in the posses
sion of Charles Edgar Mot', and the pro
ceeds of said sale will be applied to the pay
ment of said indebtedness and all the
expenses of said sale, including attorney’s
fees, all as provided in said Deed, and the
balance, if any, will be distributed as provid
ed by law.
First Federal Savings & Loan of Rochester
formerly Franklin Society Federal Savings
and Loan Association as Attorney-in-fact for
Charles Edgar Motz
File n 0.91-1965
L.J. SWERTFEGER, JR.
Shapiro & Swertfeger"
Attomeys-at-Law
P.O. Box 49047
Atlanta, Georgia 30359
(404) 634-7270/ts
•THE LAW FIRM IS ACTING AS A DEBT
COLLECTOR. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L 415, 7/10, 17. 24, 31
NOTICE OF SALE UNDER POWER
IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
By virtue of a Power of Sale contained in a
Security Deed from Jerry Kenneth Pace and
Tanya Smith dated October 26, 1995 and
recorded in Deed Book 912, page 683-687,
Forsyth County, Georgia records, securing a
note of even date in the original principal
amount of $144,800.00, and transferred to
MorEquity, Inc. with such assignment dated
October 26, 1995, and recorded in Deed
Book 912, page 688, Forsyth County,
Georgia records, any and all other Indebted
ness thereafter owing to the grantee, howev
er incurred, with interest as provided therein
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 Forsyth County,
Georgia, within the legal hours of sale on the
Ist Tuesday in August, 1996, the property
described as follows:
ALL THAT TRACT OR PARCEL OF LAND
LYING AND BEING IN LAND LOTS 413
AND 414, OF THE SECOND DISTRICT,
FIRST SECTION, FORSYTH COUNTY,
GEORGIA BEING LOT 24, GEORGETOWN
SUBDIVISION PHASE 11, ACCORDING TO
PLAT RECORDED IN PLAT BOOK 18,
PAGE 41, FORSYTH COUNTY, GEORGIA
RECORDS, WHICH PLAT IS INCORPO
RATED HEREIN BY REFERENCE. BEING
THE SAME PROPERTY KNOWN AS 2744
GLOVER DRIVE, CUMMING, GEORGIA
30130 ACCORDING TO THE PRESENT
SYSTEM OF NUMBERING HOUSES IN
THE SAID CITY AND STATE.
The debt secured by said Security Deed has
been and is hereby declared due because of
non-payment of monthly installments on said
loan and other defaults as defined in the
Security Deed. This sale will be made for the
purposes of paying same, and all expenses
of this sale, Including attorney's fees.
The property will be sold as the property of
Jerry Kenneth Pace and Tanya Smith and
subject to all outstanding ad valorem taxes
and/or assessments, if any, and subject to
all easements and other items appearing in
the record.
MOREQUITY, INC.
As Attorney-In-Fact for
JERRY KENNETH PACE AND TANYA
SMITH
DAVID G. CROCKETT, P.C.
100 Peachtree St., N.W.
1000 The Equitable Bldg.
Atlanta, Ga. 30303
(404) 522-4280
L416,7/10,17,24, 31
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of the default in the payment of a
note executed by GILMORE B
WILLIAMSON, JR. AND TERI R.
WILLIAMSON secured by a deed to secure
debt executed by GILMORE B
WILLIAMSON, JR. AND TERI R.
WILLIAMSON to THE FIRST NATIONAL
BANK OF GAINESVILLE dated August 2,
1994, and recorded In the Clerk’s Office of
Forsyth County, Georgia, In Deed Book 778,
pages 737-739, (REGIONS BANK is the
successor by merger with The First National
Bank of Gainesville) the undersigned has
declared the full unpaid amount of the
indebtedness secured by said deed due and
payable, and acting under the power of sale
contained in said deed, for the purpose of
paying said indebtedness, will on the first
Tuesday in July, 1996, during the legal hour
of sale at the Courthouse In Forsyth County,
Georgia, sell at public outcry to the highest
bidder for cash, the land described in said
deed to-wit:
All that tract or parcel of land lying and being
in Land Lot 1001, 2nd District, Ist Section,
Forsyth County, Georgia, and being more
particularly described as follows:
Beginning at an iron pin on the southeasterly
side of James Burgess Road (80 foot right of
way said point being located at the intersec
tion of said road and the southerly Land Lot
line of Land Lot 944; running thence South
38 degrees 35 minutes 00 seconoc West, a
distance of 108.29 feet to the True Point of
Beginning; running thence South 35 degrees
46 minutes 07 seconds East, a distance of
109.08 feet to an iron pin; running thence
South 02 degrees 49 minutes 48 seconds
East, a distance of 10.24 feet to an iron pin;
running thence South 43 degrees 12 min
utes 22 seconds East, a distance of 79.92
feet to and iron pin; running thence South 80
degrees 20 minutes 24 seconds East, a dis
tance of 81.47 feet to an iron pin; running
thence North 06 degrees 30 minutes 00 sec
onds East, a distance of 156.00 feet to an
iron pin; running thence South 66 degrees
21 minutes 14 seconds West, a distance of
105.94 feet to an iron pin; running thence
North 42 degrees 50 minutes 17 seconds
West, a distance of 20.16 feet, to an iron pin;
running thence South 47 degrees 09 min
utes 43 seconds West, a distance of 22.39
feet to an iron pin; running thence North 46
degrees 09 minutes 39 seconds West a dis
tance of 107.18 feet to an iron pin located on
the southeasterly side of James Burgess
Road; running thence South 38 degrees 35
minutes 00 seconds West along said south
easterly right of way a distance of 20.00 feet
to the Point of Beginning.
Notice has been given of intention to collect
attorneys fees in accordance with the terms
of the note secured by said deed to secure
debt.
This sale will be held subject to any unpaid
taxes or other assessments which may be
liens against said property.
Said property will be sold as the property of
GILMORE B. WILLIAMSON, JR. AND
TERRI R. WILLIAMSON and the proceeds
of said sale shall be applied first to the pay
ment in full of said indebtedness, next, to the
payment of all expenses connected with said
sale, and the remainder, if any, shall be paid
as provided in said deed to secure debt.
The undersigned will execute a deed to the
purchaser as authorized in the aforemen
tions deed to secure debt.
REGIONS BANK, successor by rflerger with
The First National Bank of
Gainesville.
ATTORNEY IN FACT FOR
GILMORE B. WILLIAMSON, JR. AND
TERI R. WILLIAMSON
Allen Broxton
Stewart, Melvin & Frost
P.O. Box 3280
Gainesville, GA 30503
(770) 536-0101
L 417, 7/10,17,24, 31
NOTICE OF SALE UNDER POWER
By virtue of Power of Sale contained in
Security Deed from the Borrower, whose last
known address was 6370 Medlock Road,
Gainesville, Georgia 30506, did,on
September 27, 1989, execute and deliver a
certain Deed to Secure Debt which Is refer
enced above (hereinafter referred to as the
“Security Deed"), dated September 27, 1989
and recorded September 29, 1989 in Deed
Book 465, Page 778, Forsyth County
records said Security Deed being given to
secure a Note of even date in the original
principal amount of Sixty Three Thousand
Five Hundred Seventy One & 90/100 Dollars
($63,571.90) with interest from said date at
the rate of Thirteen (13) percent per annum
on the unpaid balance until paid.
The Property will be sold by Judy D. Sartain
as Attorney for Julian Winnerman and
Harriet S. Winnerman at public outcry to the
highest bidder for cash before the
Courthouse door at Forsyth County,
Georgia, within the legal hours of sale on the
First Tuesday of August 1996; the following
described property to-wit:
All that tract or parcel of land lying and being
Land Lot 1267, Fourteenth District, First
Section, Forsyth County, State of Georgia,
and consisting of 2.00 acres, more or less,
as such is more particularly shown on a plat
of survey for Pledgar Neighbors and Lavada
D. Neighbors, prepared by Wilson N. Price,
Registered Land Surveyor, dated October
31, 1983, and recorded in Plat Book 19,
page 275, Clerk's Office, Forsyth County
Superior Court. This is the same property as
purchased by the parties of the first part by
warranty deed recorded in Deed Book 338,
Page 532, Clerk's Office, Forsyth County
Superior Court, the referenced deed and
plat, and the records thereof, are incorporat
ed herein for a more particular description of
the premises.
And
All that tract or parcel of land lying and being
in Land Lots 1201 and 1210, of the 14th
District, Ist Section, Forsyth County,
Georgia, and being more particularly
described as follows:
Commencing at the common comer of Land
Lots 1201, 1202, 1209 and 1210, in said
District, Section and County, running thence
South 88 degrees 43 minutes 45 seconds
East on and along the North line of said
Land Lot 1210, a distance of 471.00 feet to
an iron pin located in the Northwest right-of
way line of Westbrook Road; running thence
in a Southwesterly direction on and along
the Northwesterly right-of-way of line of
Westbrook road 174.55 feet along an arc
having a radius of 1,288.76 feet to an iron
pin located in said line; running thence South
51 degrees 15 minutes 59 seconds West on
and along said line 138.61 feet to an iron pin
located in said right-of-way line of Westbrook
Road; running thence North 63 degrees 20
minutes 26 seconds West 203.31 feet to an
iron pin there located; running thence South
49 degrees 21 minutes 06 seconds West
101.09 feet to an iron pin there located; run
ning thence North 28 degrees 51 minutes 24
seconds West 220.11 feet to an Iron pin
located in the North line of said Land Lot
1201; running thence in an Easterly direction
on and along the North line of said Land Lot
1201, a distance of 130.26 feet to the iron
pin found at the point of beginning; contain
ing 1.799 acres more or less according to
Survey for Yvonne Abernathy made by
Thomas M. Patton, Georgia Registered Land
Surveyor, dated January 22,1996.
The debt secured by said Security Deed 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 attor
ney’s fees.
Said property will be sold as the property of
Yvonne Abernathy and Ricky Cartrette and
subject to the outstanding ad valorem taxes
and/or assessments, If any.
Julian Winnerman and Harriet S. Winnerman
As Attorney in Fact for
Yvonne Abernathy and Ricky Cartrette
ByJsJ Judy D. Sartain
252 Atlanta Road
Cumming, Georgia 30130
(770) 889-2522
L423,7/10,17,24,31
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Under and by virtue of the power of sale
contained in a Security Deed given by Bruce
Marinello to Dee Smith dated November 29,
1991. and recorded at Deed Book 563, Page
136, Forsyth County, Georgia Records, con
veying the after-described property to secure
a Note in the original principal amount of
$72,557.40 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 Forsyth County,
Georgia, within the legal hours of sale on the
first Tuesday in August, 1996, the following
described property:
All that tract or parcel of land lying and being
In Land Lot 703 and 738 of the Second
District, First Section, Forsyth County,
Georgia, containing 5.477 acres and being
known as Lot 5 of Fairfield Farms
Subdivision as per plat recorded in Plat Book
27, Page 128, In the office of the Clerk of the
Superior Court of Forsyth County, Georgia,
which recorded plat is incorporated herein by
this 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 possible events of default,
failure to pay the indebtedness as and when
due and in the matter prescribed In the Note
and Security Deed. The debt remaining in
default, this sale will be made for the pur
pose of paying the same and all expenses of
the sale as provided in the Security Deed
and by law, Including attorneys' fees (notice
of intent to collect attorneys' fees having
been given). Said property will be sold sub
ject 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 set out above,
including but not limited to that certain
Security Deed and Agreement between
Bruce Marinello and Bank South N.A. in the
original principal amount of $250,000.00
dated July 21, 1992, recorded at Deed Book
599. Page 725, Forsyth County, Georgia
Records, as same has been modified.
To the best knowledge and belief of the
undersigned, the party in possession of the
property is Bruce Marinello or a tenant or
tenants and the property is more commonly
known as 1400 Squire Lane. Cumming,
Georgia 30131.
Dee Smith, as Attorney in Fact for Bruce
Marinello
Donnie R. Sloan, Jr.
Davidson, Fuller & Sloan, L.L.P.
6325 Amherst Court, Suite 100
Norcross, GA 30092
(770) 263-6363
THE LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COLLECT
A DEBT. INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSES
L 424, 7/10,17,24, 31
ADVERTISEMENT AND NOTICE
OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale
contained In that certain Security Deed
dated April 22, 1991 (“Security Deed"), exe
cuted by PHILIP B. CAPERS and KELLY G.
CAPERS (“Grantor") in favor of GREAT
WESTERN MORTGAGE CORPORATION,
a Delaware corporation (“GWM"), recorded
in Deed Book 537, page 744, Forsyth
County, Georgia records, assigned to
GREAT WESTERN BANK, A Federal
Savings Bank ("Great Western") by instru
ment dated April 22, 1991, and recorded in
Deed Book 537, page 749, aforesaid
records, the Security Deed securing pay
ment of that certain Promissory Note
Adjustable Rate Mortgage Loan (the “Note")
date April 22, 1991, executed by Grantor,
payable to GWM, in the original principal
amount of $104,400.00, as assigned to
Great Western by notation on the Note,
there will be sold by the undersigned at pub
lic outcry to the highest bidder for cash
before the courthouse door at Forsyth
County, Georgia, within the legal hours of
sale on the first Tuesday in August, 1996, to
wit: August 6, 1996, the following described
property (the “Property"):
All that tract or parcel of land lying and being
in Land Lot 245 of the 3rd District, Ist
Section, Forsyth County, Georgia, containing
1.00 acres as shown on a plat of survey for
Philip Capers, dated March 23, 1990 by Jick
A. Page, Jr., Georgia Registered Land
Surveyor, being more particularly described
as follows:
To arrive at the true point of beginning, com
mence at the southeast comer of Land Lot
245, which is the Land Lot corner common
to Land Lots 245, 246, 259 and 260, said
District and Section; thence North 01
degrees 58 minutes 11 seconds East 80.81
feet to an iron pin; thence North 88 degrees
26 minutes 49 seconds West 375.18 feet to
a point; thence North 70 degrees 39 minutes
41 seconds West 227.05 feet to a point;
thence North 38 degrees 02 minutes 26 sec
onds West 111.84 feet to a point; thence
North 29 degrees 41 minutes 23 seconds
West 39.99 feet to a point; which is the true
Point of Feginning.
From the true Point of Beginning thus estab
lished, thence North 06 degrees 28 minutes
34 seconds West 291.14 feet to a point
located on the southeasterly right of way of
Namon Wallace Road (60 foot right of way);
thence Northeasterly along said right of way
North 54 degrees 26 minutes 15 seconds
East 139.65 feet to a point; thence continu
ing along said right of way North 50 degrees
35 minutes 30 seconds East 40.80 feet to a
point; thence leaving said right of way South
06 degrees 28 minutes 34 seconds East
153.18 feet to a point; thence continuing
North 83 degrees 31 minutes 26 seconds
East 110.0 feet to a point; thence continuing
South 06 degrees 28 minutes 34 seconds
East 130.00 feet to a point; thence continu
ing North 88 degrees 42 minutes 39 seconds
West 111.02 feet to an iron pin found;
thence continuing South 47 degrees 38 min
utes 58 seconds West 192.87 feet to a point;
which is the true Point of Beginning, as
shown on survey prepared by McClung
Surveying dated 4-25-91.
The Property has the address of 6570
Namon Wallace Drive. Cumming, Georgia,
according to the present system of number
ing houses in said County.
By reason of the failure of Grantor to pay the
indebtedness evidenced by the Note and
secured by the Security Deed, as and when
due, and in the manner provided in the Note
and in the Security Deed, the undersigned
has declared the entire Indebtedness due
and payable and said sale will be made for
the purpose of applying the proceeds there
from as provided for in the Security Deed
and by law, including the payment of attor
ney's fees, notice therefor having been given
pursuant to the Official Code of Georgia
Annotated Section 13-1-11.
To the best information, knowledge and
belief of the undersigned, the Property is
presently in the possession of Grantor or
tenants claiming by, through or under
Grantor.
The Property will be sold as the property of
Grantor, and will be sold subject to all
restrictions, liens, easements and other mat
ters of record, if any, to which the Security
Deed is inferior in terms of priority, and sub
ject to any and all unpaid taxes or assess
ments relating to the Property.
GREAT WESTERN BANK, A Federal
Savings Bank, successor-in-interest to
GREAT WESTERN MORTGAGE CORPO
RATION, A Delaware corporation, as attor
ney-ln-fact lor PHILIP B. CAPERS and
KELLY G. CAPERS
Richard A. Newton
TROUTMAN SANDERS LLP
Nationsßank Plaza, Suite 5200
600 Peachtree Street, N.E.
Atlanta, GA 30308-2216
(404) 885-3196
This law firm is attempting to collect a debt.
Any information obtained will be used for
that purpose.
L42S, 7/10,17,24, 31
FORSYTH COUNTY NEWS —Wednesday, July 17,1M6 I
NOTICE OF SALE UNDER POWER
IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FULTON
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt and
Security Agreement from Huntington Homes,
J.V., a joint venture composed of Phil
Cowart Construction, Inc. and TPC, Inc., to
First Capital Bank, dated October 3, 1995
and recorded in Deed Book 902, Page 322,
in the offices of the Clerk of the Superior
Court of Forsyth County, Georgia (the
"Security Deed ), and pursuant to that cer
tain Order terminating automatic stay, dated
June 26, 1996 and entered in Chapter 11
Case No. 96-20766-REB, United States
Bankruptcy Court, Northern District of
Georgia, Gainesville Division, the under
signed will sell at public outcry to the highest
and best bidder for cash before the door of
the Courthouse of Forsyth County, Georgia,
during the legal hours of sale, on the first
Tuesday in August, 1996, the following
described real property, to wit:
ALL THAT TRACT or parcel of land lying
and being in Land Lots 1139 and 1140 of the
3rd District, Ist Section of Forsyth County,
Georgia, and being Lot 9, Huntington
Subdivision, as per plat thereof recorded in
Plat Book 42, Pages 141-145, Forsyth
County, Georgia records, which plat is by
reference incorporated herein and made a
part hereof.
Said property having an address of
Huntington Subdivision, Lot 9 (The O’Brien),
Cumming, Georgia.
In addition, under and by virtue of the power
of sale contained in the Security Deed, the
undersigned will also sell at public outcry to
the highest bidder for cash before the door
of the Courthouse of Forsyth County,
Georgia, immediately following the sale of
the above-described real property, the fol
lowing described personal property owned
by Huntington Homes, J.V., or its succes
sors-in-title, and secured by the Security
Deed, to wit: All personal property described
in and subject to the Security Deed, which Is
hereby incorporated by this reference. Less
and except any fixtures subject to the securi
ty interest on the above-described real prop
erty.
The debt secured by the Security Deed is
evidenced by a Construction Loan Note,
dated October 3, 1995, executed by
Huntington Homes, J.V., joint venture com
posed of Phil Cowart Construction, Inc. and
TPC, Inc., to First Capital Bank, in the origi
nal principal amount of $123,700.00 (the
“Note"), plus interest from date on the unpaid
balance until paid, and other indebtedness.
Default has occurred and continues under
the terms of the Note and Security Deed by
reason of, among other possible events of
default, the nonpayment when due of the
indebtedness evidenced by the Note and
secured by the Security Deed and the failure
to comply with the terms and conditions of
the Note and Security Deed. By reason of
this default, the Security Deed has been
declared foreclosable according to its terms.
The above-described real property will be
sold to the highest and best bidder for cash
as the property of Huntington Homes, J.V., a
joint venture composed of Phil Cowart
Construction, Inc. and TPC, Inc., the pro
ceeds to be applied to the payment of said
indebtedness, attorneys' fees, and the lawful
expenses of said sale, all as provided in the
Note and Security Deed. The sale shall be
subject to the following: all outstanding ad
valorem taxes and/or assessments, if any;
possible redemptive rights of the Internal
Revenue Service, if any; and all prior
assessments, easements, restrictions or
matters of record.
To the best of the undersigned's knowledge
and belief, the real property is presently
owned by Huntington Homes, J.V.. a joint
venture composed of Phil Cowart
Construction, Inc. and TPC, Inc.
To the best of the undersigned's knowledge
and belief, the party in possession of the real
property is Huntington Homes, J.V., a joint
venture composed of Phil Cowart
Construction, Inc. and TPC, Inc., and ten
ants holding under it.
All personal property will be sold in one lot to
the highest and best bidder for cash as the
property of Huntington Homes, J.V., or its
successors-in-title, on an “as is, where is"
basis and without representation, warranty
or recourse, express or implied, of the
undersigned, and subject to all matters of
record affecting said personal property, the
proceeds to be applied to the payment of
said indebtedness, attorneys' fees and the
lawful expenses of said sale, all as provided
in the Security Deed.
First Capital Bank, as Attorney-in-Fact for
Huntington Homes,
J.V., a joint venture composed of Phil
Cowart Construction, Inc. and TPC., Inc.
M. Todd Westfall, Esquire
Macey, Wilensky, Cohen,
Wittner & Kessler
600 Marquis Two Tower
285 Peachtree Center Avenue, N.E.
Atlanta, Georgia 30303-1229
404/584-1200
L 435, 7/10, 17,24, 31
NOTICE OF BULB UNDER POWER
IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FULTON
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt and
Security Agreement from Huntington Homes,
J.V., a joint venture composed of Phil
Cowart Construction, Inc. and TPC, Inc., to
First Capital Bank, dated October 3, 1995
and recorded in Deed Book 902, Page 311,
in the offices of the Clerk of the F.perior
Court of Forsyth County, Georgia (the
"Security Deed"), and pursuant to that cer
tain Order terminating automatic stay, dated
June 26, 1996 and entered in Chapter 11
Case No. 96-20766RE8, United States
Bankruptcy Court, Northern District of
Georgia, Gainesville Division, the under
signed will sell at public outcry to the highest
and best bidder for cash before the door of
the Courthouse of Forsyth County, Georgia,
during the legal hours of sale, on the first
Tuesday in August, 1996, the following
described real property, to wit:
ALL THAT TRACT or parcel of land lying
and being in Land Lot 121 of the 2nd District,
Ist Section of Forsyth County, Georgia, and
being Lot 531, Phase Eleven, Polo Golf &
Country Club Subdivision, as per plat thereof
recorded in Plat Book 43, Pages 36-37,
Forsyth County, Georgia records, which plat
is by reference incorporated herein and
made a part hereof.
Said property having an address of 7220
Polo Hill, Cumming, Georgia 30130.
In addition, under and by virtue of the power
of sale contained in the Security Deed, the
undersigned will also sell at public outcry to
the highest bidder for cash before the door
of the Courthouse of Forsyth County,
Georgia, immediately following the sale of
the above-described real property, the fol
lowing described personal property owned
by Huntington Homes, J.V., or its succes
sors-in-title, and secured by the Security
Deed, to wit: *
All personal property described in and sub
ject to the Security Deed, which is hereby
incorporated by this reference.
Less and except any fixtures subject to the
security interest on the above-described real
property.
The debt secured by the Security Deed is
evidenced by a Construction Loan Note,
dated October 3, 1995, executed by
Huntington Homes, J.V., a joint venture com
posed of Phil Cowart Construction, Inc. and
TPC, Inc., to First Capital Bank, in the origi
nal principal amount of $193,500.00 (the
"Note"), plus interest from date on the unpaid
balance until paid, and other indebtedness.
Default has occurred and continues under
the terms of the Note and Security Deed by
reason of, among other possible events of
default, the nonpayment when due of the
indebtedness evidenced by the Note and
secured by the Security Deed and the failure
to comply with the terms and conditions of
the Note and Security Deed. By reason of
this default, the Security Deed has been
declared foreclosable according to its terms.
The above-described real property will be
sold to the highest and best bidder for cash
as the property of Huntington Homes, J.V., a
joint venture composed of Ph !l Cowart
Construction, Inc. and TPC, mcjNtre pro
ceeds to be applied to the payment of said
indebtedness, attorneys' fees, and the lawful
expenses of said sale, all as provided In the
Note and Security Deed. The sale shall be
subject to the following: all outstanding ad
valorem taxes and/or assessments, if any;
possible redemptive rights of the Internal
Revenue Service, if any; and all prior
assessments, easements, restrictions or
matters of record.
To the best of the undersigned's knowledge
and belief, the real property is presently
owned by Huntington Homes, J.V., a joint
venture composed of Phil Cowart
Construction, Inc. and TPC. Inc.
To the best of the undersigned's knowledge
and belief, the party in possession of the real
property is Huntington Homes, J.V., a joint
venture composed of Phil Cowart
Construction, Inc. and TPC, Inc., and ten
ants holding under it.
All personal property will be sold in one lot to
the highest and best bidder for cash as the
property of Huntington Homes. J.V., or its
successors-in-title, on an “as Is, where Is"
basis and without representation, warranty
or recourse, express or implied, of the
undersigned, and subject to all matters of
record affecting said personal property, the
proceeds to be applied to the payment of
said indebtedness, attorneys' fees and the
lawful expenses of said sale, all as provided
in the Security Deed.
First Capital Bank, as Attorney-in-Fact for
Huntington Homes, J.V., a joint venture com
posed of Phil Cowart Construction, Inc. and
TPC, Inc.
M. Todd Westfall. Esquire
Macey, Wilensky, Cohen,
Wittner & Kessler
600 Marquis Two Tower
285 Peachtree Center Avenue, N.E.
Atlanta, Georgia 30303-1229
404/584-1200
L 436, 7/10,17, 24,31
NOTICE OF SALE UNDER POWER
IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FULTON
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt and
Security Agreement from Huntington Homes,
J.V., a joint venture composed of Phil
Cowart Construction, Inc. and TPC, Inc., to
First Capital Bank, dated August 31, 1995
and recorded in Deed Book 890, Page 55, '.i
the offices of the Clerk of the Superior Court
of Forsyth County, Georgia (the “Security
Deed"), and pursuant to that certain Order
terminating automatic stay, dated June 26,
1996 and entered in Chapter 11 Case No.
96-20766-REB, United States Bankruptcy
Court, Northern District of Georgia,
Gainesville Division, the undersigned will sell
at public outcry to the highest and best bid
der for cash before the doors of the
Courthouse of Forsyth County, Georgia, dur
ing the legal hours of sale, on the first
Tuesday in August, 1996, the following
described zeal property, to wit:
All that tract or parcel of land lying and
being in Land Lots 959 and 986 of the 3rd
District, Ist Section, of Forsyth County,
Georgia, and being 2.00 acres as shown on
a survey for Ann Crow, dated May 24, 1994,
as prepared by David W. Bealle, RLS No.
1872, and recorded in Plat Book 40, page
117, Forsyth County, Georgia records, which
plat is incorporated herein and made a part
hereof by reference.
Also conveyed herewith is a non-exclusive
perpetual easement for pedestrian and
vehicular traffic over, through and across
Barker Road, a certain 60 foot right-of-way,
said Barker Road extending from the above
described tract easterly to its intersection
with Tower Road, said plat referenced above
being incorporated herein for a more com
plete description of the easement conveyed
hereby.
Also conveyed herewith, If necessary Is a
non-exclusive perpetual easement for
pedestrian and vehicular Inqress and egress
over, through and across Tower Road as tne
same extends from Georgia State Route No.
20 to its intersection with Barker Road as
previously referenced above.
Said property having an address of Barker
Road (Lot 122)/ Sawnee Mountain,
Cumming, Georgia 30130,
In addition, under and by virtue of the power
of sale contained in the Security Deed, the
undersigned will also sell at public outcry to
the highest bidder for cash before the door
of the Courthouse of Forsyth County,
Georgia, immediately following the sale of
the above-described real property, the fol
lowing described personal property owned
by Huntington Homes, J.V., or its succes
sors-in-title, and secured by the Security
Deed, to wit:
All personal property described in and sub
ject to the Security Deed, which is hereby
incorporated by this reference.
Less and except any fixtures subject to the
security interest on the above-described real
property.
The debt secured by the Security Deed is
evidenced by a Construction Loan Note,
dated August 31, 1995, executed by
Huntington Homes, J.V., a joint venture com
posed of Phil Cowart Construction, Inc. and
TPC, Inc., to First Capital Bank, in the origi
nal principal amount of $202,400.00 (the
“Note"), plus interest from date on the unpaid
balance until paid, and other indebtedness.
Default has occurred and continues under
the terms of the Note and Security Deed by
reason of, among other possible events of
default, the nonpayment when due of the
indebtedness evidenced by the Note and
secured by the Security Deed and the failure
to comply with the terms and conditions of
the Note and Security Deed. By reason of
this default the Security Deed has been
declared foreclosable according to Its term.
The above-described real property will be
sold to the highest and best bidder for cash
as the property of Huntington Homes, J.V., a
joint venture composed of Phil Cowart
Construction, Inc. and TPC, Inc., the pro
ceeds to be applied to the payment of said
indebtedness, attorneys' fees, and the lawful
expenses of said sale, all as provided in the
Note and Security Deed. The sale shall be
subject to the following: all outstanding ad
valorem taxes and/or assessments, if any;
possible redemptive rights of the Internal
Revenue Service, if any; and all prior
assessments, easements, restrictions or
matters of record.
To the best undersigned’s knowledge and
belief, the real property is presently owned
by Ann K. Crow.
To the best of the undersigned's knowledge
and belief, the party in possession of the real
property is Ann K. Crow, and
tenants holding under her.
All personal property will be sold In one lot to
the highest and best bidder for cash as the
property of Huntington Homes, J.V., or its
successors-in-title, on an “as is, where is"
basis and without representation, warranty
or recourse, express or implied, of the
undersigned, and subject to all matters of
record affecting said personal property, the
proceeds to be applied to the payment of
said indebtedness, attorneys’ fees and the
lawful expenses of said sale, all as provided
in the Security Deed. First Capital Bank, as
Attorney-in-Fact for Huntington Homes, a
joint venture composed of Phil Cowart
Construction, Inc. and TPC, Inc.
M. Todd Westfall, Esquire
Macey, Wilensky, Cohen,
Wittner & Kessler
600 Marquis Two Tower
285 Peachtree Center Avenue, N.E.
Atlanta, Georgia 30303-1229
404/584-1200
L 437, 7/10,17, 24,31
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained In
that certain Deed to Secure Debt dated May
27, 1992, from James K. Canady and
Shannon Canady to Unity Mortgage
Corporation In the original principal amount
of $67,800.00 recorded at Deed Book 591,
Page 274-278, as assigned to Bank South
Mortgage, Inc. and its successor In interest,
Nations Bank Mortgage Corporation and as
subsequently assigned to Jack Delaigle, the
current holder.
There will be sold by the undersigned at
public outcry to the highest bidder for cash
before the courthouse door of Forsyth
County, Cumming, Georgia, during the legal
hours for sale on the first Tuesday of August,
1996, being more particularly described as
follows:
ALL THAT TRACT or parcel of land lying
and being in Land Lot 650 of the 3rd District,
Ist Section of Forsyth County, Georgia, and
being shown as containing 1.22 acres as
shown on that certain Plat of Survey for Ken
Canady dated December 14,1989, prepared
PAGE 5B