Newspaper Page Text
PAGE 4B
FORSYTH COUNTY NEWS Wednesday, November 20,2002
LEGALS from Page 3B
the power of sale contained in said deed,
will on the first Tuesday in December,
2002, during the legal hours of sale, at
the Courthouse door in FORSYTH
County, sell at public outcry to the highest
bidder for cash, the property described in
said deed to-wit:
FOR LEGAL DESCRIPTION, SEE
EXHIBIT "A" ATTACHED
which has the property address of 4355
Maple Valley Drive, Cumming, GA,
together with all fixtures and other per
sonal property conveyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of-way,
easements, protective covenants or
restrictions, liens, and other superior mat
ters of record which may affect said prop
erty.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibit
ed under the U.S. Bankruptcy Code and
(2) to final confirmation and audit of the
status of the loan with the holder of the
security deed.
Notice has been given of intention to col
lect attorneys' fees in accordance with
the terms of the note secured by said
deed.
Said property will be sold as the property
of Judy F Armstrong and the proceeds of
said sale will be applied to the payment
of said indebtedness, the expense of said
sale, all as provided in said deed, and the
undersigned will execute a deed to the
purchaser as provided in the aforemen
tioned Security Deed.
Olympus Servicing, LP ska Calmco
Servicing, LP.
Attorney in Fact for Judy F Armstrong
McCurdy & Candler, L.L.C.
By: Anthony DeMario, Attorney
(404) 370-7230
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.
Olympus Servicing, LP ska Calmco
Servicing, LP./Judy F Armstrong
EXHIBIT-A"
ALL THAT TRACT or parcel of land lying
and being in Land Lot 132 of the 2nd
District, Ist Section, Forsyth County,
Georgia, and being Lot 220 (also known
as 4355 Maple Valley Drive) as per that
certain Plat for Unit Five of Hutchinson
Pointe Subdivision prepared by
Development Consultants Group, Inc.
dated March 31, 1999 (Job #96076), said
plat by this reference being made a part
hereof and incorporated herein for a
more complete description (hereinafter
“Plat”).
To find the true POINT OF BEGINNING,
commence at an iron pin found at the
corner common to Land Lots 132, 133,
156 and 157, aforesaid District, Section
and County; proceed thence north 04
degrees 43 minutes 16 seconds west
59.65 feet to a point on the westerly right
of Hutchinson Road (60 foot right of way);
proceed thence along said right of way in
a northerly direction a distance of 182.59
feet to an iron pin found; thence leaving
said right of way and proceeding south
85 degrees 15 minutes 03 seconds west
254.85 feet to a point; thence north 07
degrees 29 minutes 56 seconds west
95.11 feet to a point; thence north 04
degrees 44 minutes 57 seconds west
190.71 feet to a point; thence south 85
degrees 22 minutes 48 seconds west
10.39 feet to a point; thence south 49
degrees 45 minutes 25 seconds west
121.79 feet to a point: thence north 74
degrees 51 minutes 35 seconds west
26.56 feet to a point; thence north 10
degrees 14 minutes 35 seconds west
8.11 feet to a point; thence northwesterly
along the arc of a curve having a radius
of 138.0 feet, said arc being subtended
by a curve bearing north 36 degrees 49
minutes 40 seconds west and having a
chord length of 123.51 feet an arc are
distance of 128.06 feet to a point; thence
north 63 degrees 24 minutes 44 seconds
west 3.05 feet to a point; thence north 26
degrees 35 minutes 16 seconds east
75.55 feet to a point; proceed thence
south 86 degrees 51 minutes 30 seconds
west 87.16 feet to a point; proceed
thence north 80 degrees 02 minutes 05
seconds west 169.25 feet to a point; pro
ceed thence south 07 degrees 42 min
utes 12 seconds west 244.14 feet to a
point; proceed thence south 30 degrees
10 minutes 42 seconds west 266.22 feet
to a point; proceed thence north 69
degrees 35 minutes 46 seconds west
236.01 feet to a point; proceed thence
south 88 degrees 58 minutes 07 seconds
west 42.0 feet to the POINT OF BEGIN
NING; and from said POINT OF BEGIN
NING continue south 88 degrees 58 min
utes 07 seconds west 21.0 feet to a point;
proceed thence south 01 degrees 01
minutes 53 seconds east 30.0 feet to the
POINT OF BEGINNING.
The Lot/Unit conveyed hereinabove is
conveyed together with an access ease
ment tor vehicular and pedestrian ingress
and egress over, through and across
those certain private roads (the “Access
Easement") more particularly delineated
on the Plat as well as that certain Final
Plat for Unit One, Hutchinson Pointe
Subdivision prepared by Development
Consultants Group, Inc. dated 10/27/97,
last revised 02/02/98, and that certain
Final Plat for Unit Two, Hutchinson Pointe
Subdivision dated 01/16/98; and Final
Plat for Unit Three. Hutchinson Pointe
Subdivision dated 06/23/98, last revised
09/08/98; and that certain Final Plat for
Unit Four, dated 04/15/99; and a general
easement for the purpose of installation
and maintenance of utilities to include,
but not be limited to, sanitary/sewer,
water, electricity, oeble television, natural
gas over, through, under and across
those certain areas shown on that Plat as
well as that certain Final Plat for Unit
One, Hutchinson Pointe Subdivision pre
pared by Development Consultants
Group, Inc. dated 10/27/97, last revised
02/02/98 and that certain Final Plat for
Unit Two, Hutchinson Pointe Subdivision
dated 01/16/98, and that certain Final
Plat for Unit Three dated 6/23/98, last
revised 09/08/98, and that certain Final
Plat for Unit Four dated 4/15/99, as Utility
Easements to service the Lot/Unit
The legal description set forth herein
above shall be deemed to be the
“Building Property Description” pursuant
to that certain Declaration of Covenants,
Conditions and Restrictions for
Hutchinson Pointe Subdivision recorded
in Deed Book 1204, Page 448 Forsyth
County Superior Court Records; as
amended.
L533,11/6,13, 20,27
' NOTICE OF* SALE UNDER POWER* ’
STATE OF GEORGIA
COUNTY OF FORSYTH
Because of default in the payment of an
indebtedness on a Loan Agreement exe
cuted by MARCUS SHELTON in the orig
inal amount of $252,000.00, secured by
Deed to Secure Debt executed by MAR
CUS SHELTON dated NOVEMBER 8,
2000, in favor of CHOICE CAPITAL
FUNDING, INC., and recorded DECEM
BER 20, 2000, in Deed Book 1811, Page
70, Clerk, FORSYTH County Superior
Court, and assigned to MORTGAGE
ELECTRONIC REGISTRATION SYS
TEMS, INC., its successors and assigns,
as nominee for HOUSEHOLD FINANCE
CORPORATION, its successors and
assigns, and recorded on AUGUST 27,
2001 in Deed Book 2023, Page 591,
Clerk, FORSYTH County Superior Court,
the undersigned, MORTGAGE ELEC
TRONIC REGISTRATION SYSTEMS,
INC., its successors and assigns, as
nominee for HOUSEHOLD FINANCE
CORPORATION, its successors and
assigns, as assignee of CHOICE CAPI
TAL FUNDING, INC., pursuant to said
Deed and the note thereby secured has
declared the entire balance outstanding
on said Indebtedness due and payable
and pursuant to Power of Sale contained
in said Deed, will on the first TUESDAY In
DECEMBER, 2002, during the legal
hours of sale, sell said property before
the Courthouse door in FORSYTH
County at public outcry to the highest bid
der for CASH. The property to be sold Is
described In said Deed and is set forth
hereinafter In full:
All that tract or parcel of land lying and
being In Land Lot 1223 of the 3rd District,
. • I
Ist Section, Forsyth County, Georgia,
being Lot 60, Hampton's Grant, Phase 111
& IV as per plat of survey recorded in
Plat Book 43, Pages 51-53, Forsyth
County, Georgia Records, which plat is
incorporated herein and made a part
hereof by reference.
APN 012-150
This property is known as: 5070
Hamptons Club Drive, Alpharetta, GA
30004.
This property will also be sold subject to
all outstanding ad valorem taxes, restric
tions of record, easements, liens and all
other assessments.
Said property will be sold as the property
of MARCUS SHELTON, and the sale will
be applied to the payment of said indebt
edness and the expenses of said Deed,
and the undersigned will execute a Deed
to the purchaser at said sale as provided
in the aforementioned Deed to Secure
Debt, which Deed will be subject to the
liens and encumbrances of record. To
the best of the undersigned's knowledge,
information and belief, the premises are
in the possession of MARCUS SHEL
TON.
This is a communication from a debt col
lector. The debt collector is attempting to
collect a debt, and any information
obtained will be used for that purpose.
MORTGAGE ELECTRONIC REGISTRA
TION SYSTEMS, INC., its successors
and assigns, as nominee for HOUSE
HOLD FINANCE CORPORATION, INC.,
its successors and assigns.
as assignee of CHOICE CAPITAL FUND
ING, INC.
AS ATTORNEY IN FACT FOR
MARCUS SHELTON
STEPHEN J. KNEZO
Attorney at Law
PO Box 724618, Atlanta, GA 31139
678.305.0043
L534,11/6,13,20,27
GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
WHEREAS, heretofore on June 14, 2002,
Janet L Allen, executed a Deed to Secure
Debt to Laurence O. Cates and Donna N.
Cates, in the amount of $250,000.00,
which Deed to Secure Debt is recorded in
Deed Book 2345, pages 284 through
298, Clerk's Office, Forsyth County
Superior Court; and
WHEREAS, the indebtedness secured by
said Deed to Secure Debt has become in
default under the terms and conditions of
said Deed to Secure Debt and Laurence
O. Cates and Donna N. Cates has
declared all of said indebtedness secured
thereby due and payable;
NOW, THEREFORE, in exercise of the
power of sale contained in said Deed to
Secure Debt and in accordance with the
law in such cases made and provided,
the undersigned, as attorney in fact for
the said Janet L. Allen, will sell the below
described property to the highest and
best bidder for cash before the court
house door in Cumming, Forsyth County,
Georgia, between the legal hours of sale
on December 3, 2002. The property to be
sold is described as follows:
All that tract or parcel of land lying and
being in Land Lot 403, 2nd District, Ist
Section, Forsyth County, Georgia, being
Lot 96, Oakmont, Phase 11, as per plat
recorded in Plat Book 44, Pages 8
through 11, Forsyth County Records,
which plat is hereby referred to and made
a part of this description, being property
known as 4970 Bagley Terrace,
Alpharetta, Forsyth County, Georgia
30004 according to the present system of
numbering houses in said county.
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 bv an accurate survey and
inspection of the property, any assess
ments, liens, encumbrances, zoning ordi
nances, restrictions, covenants, any mat
ters of record superior to the Deeds to
Secure Debt first set out above, and
rights of redemption, if any, conferred by
applicable state or federal law.
Notice has been given of intent to assess
attorney's fees in accordance with the
terms of the note secured by said deed.
The sale will be conducted subject to (1)
to confirmation that the sale is not prohib
ited under the U.S. Bankruptcy Code and
(2) final confirmation and audit of the sta
tus of the loan with the holder of the
security deed, see above.
The proceeds from said sale will be used
first to pay said Deeds to Secure Debt in
favor of Laurence O. Cates and Donna N.
Cates and the Note which it secures,
legal fees and the cost of foreclosure,
along with a note due to Laurence O.
Cates and Donna N. Cates by Janet L.
Allen in the amount of $25,000.00, plus
accrued interest thereon as evidenced by
a Security Deed at Deed Book 2345,
pages 299 through 305, Forsyth County,
Georgia, Superior Court Records, and
the balance, if any, will be disbursed to
the parties entitled thereto as provided by
law.
The property address for the property
being foreclosed is 4970 Bagley Drive,
Alpharetta, Georgia 30004.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is Janet L. Allen or Robert
Buchan and Tiffany Buchan.
Laurence O. Cates and Donna N. Cates
as Attorney-in-Fact for Janet L. Allen
Contact:
Phill Bettis, Attorney at Law
1080 D, Nine North Drive
Alpharetta, Georgia 30004
Phone: (770) 475-8041
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L535,11/6,13,20,27
’ NOTICE* OF SALE UNDER POWER* ’
GEORGIA, FORYSTH COUNTY
By virtue of the power of sale contained
in a Security Deed from David Hudson
aka David R. Hudson to Chase
Manhattan Mortgage Corp, dated
September 15, 2001, recorded in Deed
Book 2054, Page 333, Forsyth County
Records, and last assigned to Citibank,
N.A. as Trustee, conveying the after
described property to secure a Note in
the original principal amount of One
Hundred Three Thousand DOLLARS
($103,000.00), with interest thereon as
set forth therein, there will be sold at pub
lic outcry to the highest bidder for cash,
before the Courthouse door of Forsyth
County, Georgia, during the legal hours
of sale on the first Tuesday in December,
2002, the following described property, to
wit:
All that tract or parcel of land lying and
being in Land Lot 759 of the 2nd District,
Ist Section, Forsyth County, Georgia,
being Lot 8, Phase 11, of Pine Creek
Subdivision, as per plat recorded in Plat
Book 20, Page 74, Forsyth County,
Records, which plat is incorporated here
in 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 nonpayment of the indebted
ness when due and in the manner provid
ed in the Note and Security Deed. The
debt remaining in default, the sale will be
made for the purpose of paying the same
and all expenses of 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 will be sold subject to any
outstanding ad valorem taxes, any
assessments, liens, encumbrances, zon
ing ordinances, restrictions, covenants,
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 David Hudson or, a tenant
or tenants, and said property was or Is
commonly known as 115 White Pines Dr,
Alpharetta, GA 30004.
Citibank, N.A. as Trustee
As Attorney in Fact for
David Hudson
Martin, Naughton & Brunavs
Attorneys at Law
Post Office Box 600
Clarkston, Georgia 30021
I
(404) 294-4040
This law firm is acting as a debt collector,
attempting to collect a debt.
Any information obtained will be used for
that purpose.
L536,11/6,13,20,27
* NOTICE* OF SALE UNDER POWER* ’
On the 16th day of November, 1999,
BOMBAY MANAGEMENT GROUP, INC.
executed and delivered a real estate
Promissory Note and Deed to Secure
Debt and Security Agreement for the
principal sum of ONE MILLION FOUR
HUNDRED TWENTY-FIVE THOUSAND
AND NO/100 DOLLARS ($1,425,000.00)
to FIRST GEORGIA COMMUNITY
BANK, 150 Covington Street, Jackson,
Georgia 30233, which Note bearing inter
est thereon at the rate stated in said Note
on the unpaid balance until paid. Said
Deed to Secure Debt and Security
Agreement is recorded in Deed Book
1612, Page 609 (re-recorded in Deed
Book 1806, Page 614) in the Office of the
Clerk of Superior Court, Forsyth County,
Georgia. Time was made the essence of
the contract, and said Note contained a
provision for payment of fifteen percent
(15%) of the unpaid principal and interest
as attorneys' fees if the claim be placed
in the hands of an attorney for collection.
In order to secure the payment of said
Note, BOMBAY MANAGEMENT GROUP,
INC. executed and delivered to FIRST
GEORGIA COMMUNITY BANK a Deed
to Secure Debt and Security Agreement,
conveying to it the following described
tract of land, to-wit:
All that tract or parcel of land lying and
being in Land Lot 1045 of the 3rd District,
Ist Section, Forsyth County, Georgia,
being more particularly described as fol
lows: TO FIND THE POINT OF BEGIN
NING, commence at the land lot corner
common to Land Lots 1045, 1046, 1115
and 1116 aforesaid district and section,
and run thence north 00 degrees 00 min
utes 54 seconds west along the land lot
line common to Land Lots 1045 and 1046
a distance of 559 feet to a concrete mon
ument found on the northwest right of
way line of Georgia Highway 400 (right of
way varies), which is the point of begin
ning; from said point of beginning, contin
ue thence along said land lot line north
00 degrees 00 minutes 54 seconds west
a distance of 362.55 feet to a concrete
monument found on the southeast right
of way line of Pilgrim Mill Road (right of
way varies); run thence along said right of
way line north 68 degrees 39 minutes 59
seconds east a distance of 193.68 feet to
a concrete monument found on the west
erly right of way line of Georgia Highway
400; run thence along said right of way
line south 06 degrees 28 minutes 29 sec
onds east a distance of 170.14 feet to a
concrete monument found; continue
thence along said right of way line south
37 degrees 04 minutes 56 seconds west
a distance of 330.87 feet to the point of
beginning; said tract containing 1.196
acres as shown on that certain Boundary
and Topographic Survey for Vipul Patel by
lan M. Bragg, Georgia R.L.S. No. 2196 of
Diversified Technical Group, LLC, dated
September 29,1999.
Because of a default in making payments
on said Note, FIRST GEORGIA COM
MUNITY BANK, pursuant to the provi
sions of said note and Deed to Secure
Debt and Security Agreement, securing
the same, has exercised its option and
declared the entire balance due and col
lectible. Notice fixing the liability for attor
neys' fees has been given according to
law. Said property is being sold subject to
all taxes, interest, liens and parties and
possession, etc.
Said Deed to Secure Debt and Security
Agreement contains a power of sale
authorizing the Grantee, as Attorney-in
fact for Grantor therein, to sell the proper
ty described above in order to satisfy said
Note, as well as subsequent advances,
after advertising the same once a week
for four (4) weeks in the official gazette of
said County. In accordance with said
Power of Sale and by virtue thereon,
FIRST GEORGIA COMMUNITY BANK
will sell the property described above at
public outcry to the highest bidder for
cash, on the first Tuesday in December
2002, before the Forsyth County
Courthouse door, the place of public
sales in Cumming, Forsyth County,
Georgia, and within and during the legal
hours of sale. The proceeds of the sale
will be used as follows: (1) To pay the
expense of said sale; (2) To pay the sums
secured by said Security Deed; (3) The
balance, if any, to the appropriate parties.
This the 31st day of October, 2002.
FIRST GEORGIA COMMUNITY BANK
Attorney-in-Fact for BOMBAY MANAGE
MENT GROUP, INC.
The Fears Firm
A Professional Corporation
Attorneys at Law
327 East Third Street
Jackson, Georgia 30233
(770) 775-2819
L537,11/6,13, 20, 27
NOTICE OFSALE UNDER* POWER IN
SECURITY DEED
Under and by virtue of the Power of Sale
contained in the Deed to Secure Debt
from L. SCOTT DEMERAU and JULIA E.
DEMERAU, to REGIONS BANK ITS
SUCCESSORS AND/OR ASSIGNS AS
THEIR INTEREST MAY APPEAR dated
October 27, 1998, and recorded October
29, 1998, in Deed Book 1382, Page 483,
and as corrected on March 23, 1999, in
Deed Book 1471, Page 84, as modified
on March 23, 1999, in Deed Book 1471,
Page 87, and as modified on April 4,
2002, in Deed Book 2334, Page 56,
FORSYTH County Records, said records
given to secure an indebtedness in the
original principal amount of $789,881.66,
the undersigned will sell, at public outcry,
to the highest bidder for cash, before the
Courthouse door of FORSYTH County,
Georgia, during the legal hours of sale,
on the first Tuesday of December, 2002,
to wit, December 3, 2002, the following
described property:
All that tract or parcel of land lying and
being in Land Lots 1086 and 1106 of the
14th District, Ist Section, Forsyth County,
Georgia and being Lot 2, containing
0.868 acres, being Lot 5, containing
0.657 acres, Lot 6, containing 0.607
acres, and Lot 7, containing 0.613 acres,
as depicted on a plat for Scott Demerau,
dated December 7, 1998, as prepared by
Moreland Altobeli Associates, Inc., by
Donald Rex Jones, GA R.L.S. No. 2396,
recorded in Plat Book 56, page 11,
Forsyth County Records, which plat and
record thereof are incorporated herein by
reference for a more complete descrip
tion of said property.
The indebtedness secured by said Deed
to Secure Debt has been, and is hereby
declared to be due and payable in full by
reason of default under the provisions of
said Deed to Secure Debt and the terms
of the Agreement secured thereby, and
sale will be made for the purpose of
applying the proceeds thereof to the pay
ment of the indebtedness and interest
thereon, attorney's fees and expenses of
sale, and balance remaining shall be
applied as provided in said Deed to
Secure Debt. Notice has been given of
intention to collect attorney's fees in
accordance with the terms of the Note
and Security Deed.
To the best of the knowledge and belief of
the Lender, said properly will be sold as
the property of L. SCOTT DEMERAU and
JULIA E. DEMERAU, and is subject to
any outstanding as valorem taxes (includ
ing taxes that are a lien, whether or not
now due and payable), any matters that
might be disclosed by an accurate survey
and inspection of the property, any
assessments, liens, encumbrances, zon
ing ordinances, restrictions, covenants,
and matters of record superior to the
Deed to Secure Debt first set out above,
Including other Deeds to Secure Debt.
L.SCOTT DEMERAU and JULIA E.
DEMERAU were furnished with a copy of
this Notice of Sale Under Power not less
than fifteen (15) days prior to the sale.
This 28th day of October 2002.
Regions Bank, Its successors and/or
assigns as their interest may appear
ATTORNEY IN FACT FOR:
L. SCOTT DEMERAU and JULIA E.
DEMERAU
Bv:/s/ CORDON L. OLSON
Weener Mason & Nathan LLP
7000 Central Parkway
Suite 1350
Atlanta, Georgia 30328
Telephone (770) 399-6450
Facsimile (770) 399-6471
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L538,11/6,13,20,27
’ NOTICE* OF SALE UNDER POWER* ’
Georgia, Forsyth County
Under and by virtue of the Power of Sale
contained in a Deed to Secure Debt
given by Valerie Sue Spix Rubio to
Nationscredit Home Equity Services
Corporation, dated October 7, 1997, and
recorded in Deed Book 1182, Page 486,
Forsyth County, Georgia records, as last
assigned to Fairbanks Capital Corp, by
assignment filed in Forsyth County,
Georgia records, conveying the after
described property to secure a Note of
even date in the original principal amount
of $128,708.00, 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 Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in December, 2002, to wit:
December 3, 2002, the following
described properly:
ALL THAT TRACT or parcel of land lying
and being in Land Lot 834 of the 2nd
District, Ist Section of Forsyth County,
Georgia, being Lot 83, Holleybrooke
Subdivision, Phase One, as per plat
recorded in Plat Book 47, Pages 97-99,
Forsyth County records, which plat is
incorporated herein and made a part
hereof by reference.
The debt secured by said Deed to Secure
Debt has been and is hereby declared
due because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Note and
Deed to Secure Debt. The debt remain
ing 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, includ
ing attorney's fees (notice of intent to col
lect attorney’s fees having been given).
To the best knowledge and belief of the
undersigned, the party (or parties) in pos
session of the subject property known as
1312 Dalesford Drive, Alpharetta, GA
30201 is (are): Valerie Sue Spix Rubio or
tenant or tenants.
Said property will be sold subject to (a)
any outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet due
and payable), (b) any matters which
might be disclosed by an accurate survey
and inspection of the property, and (c) all
matters of record superior to the Deed to
Secure Debt first set out above, including,
but net limited to. assessments, liens,
encumbrances, zoning ordinances, ease
ments, restrictions, covenants, etc.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit
ed under the U.S. Bankruptcy Code, and
(2) final confirmation and audit of the sta
tus of the loan with the holder of the
security deed.
Fairbanks Capital Corp,
as attorney in fact for
Valerie Sue Spix Rubio
Dene S. Perusse
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 250
Atlanta, Georgia 30342. (404) 256-1212
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L539,11/6,13,20,27
" 'notice* of sale under power* ’
Georgia, Forsyth County
.Under and by virtue of the Power of Sale
contained in a Deed to Secure Debt
given by Lynda C. Rogers, n/k/a Lynda C.
urnette, and Douglas P. Burnette to
Residential Money Centers, Inc., dated
May 14, 1998, and recorded in Deed
Book 1291, Page 590, Forsyth County,
Georgia records, as last assigned to The
Chase Manhattan Bank, as Trustee of
IMC Home Equity Loan Trust 1998-5
under the pooling and servicing agree
ment dated as of September 1, 1998 by
assignment to be recorded in Forsytn
County, Georgia records, conveying the
after-described property to secure a Note
of even date in tne original principal
amount of $200,600.00, 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 Forsyth County,
Georgia, within the legal hours of sale on
the first Tuesday in December, 2002, to
wit: December 3, 2002, the following
described property:
All that tract or parcel of land lying and
being in Land Lot 140 of the 2nd District,
Ist Section, Forsyth County, Georgia,
being Lots 24 & 25, Block C, Unit 1,
Lanier Country Club Estates Subdivision,
as per plat recorded in Plat Book 1, Page
382, Forsyth County Records.
The debt secured by said Deed to Secure
Debt has been and is hereby declared
due because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Note and
Deed to Secure Debt. The debt remain
ing 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, includ
ing attorney’s fees (notice of intent to col
lect attorney’s fees having been given).
To the best knowledge and belief of the
undersigned, the party (or parties) in pos
session of the subject property known as
890 Timber Lake Trail, Cumming, GA
30041 is (are): Lynda C. Burnette and
Douglas P. Burnette or tenant or tenants.
Said property will be sold subject to (a)
any outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet due
and payable), (b) any matters which
might be disclosed by an accurate survey
and inspection of the properly, and (c) all
matters of record superior to the Deed to
Secure Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances, ease
ments, restrictions, covenants, etc.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit
ed under the U.S. Bankruptcy Code, and
(2) final confirmation and audit of the sta
tus of the loan with the holder of the
security deed.
The Cnase Manhattan Bank, as Trustee
of IMC Home Equity Loan Trust 1998-5
under the pooling and servicing agree
ment dated as of September 1,1998
as attorney in fact for
Lynda C. Rogers, n/k/a Lynda C.
Burnette, and Douglas P. Burnette
Dene S. Perusse
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 250
Atlanta, Georgia 30342
(404) 256-1212
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L540,11/6,13,20,27
’ ’notice* of sale under power’ ’
Georgia, Forsyth County
Under and by virtue of the Power of Sale
contained in a Deed to Secure Debt
given by Susan E. Grignon and Richard
:. Grignon to American Equity Mortgage,
Inc., dated May 11, 2001, and recorded
in Deed Book 1929, Page 520, Forsyth
County, Georgia records, as last
assigned to Bankers Trust Company of
California, N.A. as Trustee by assigne
ment recorded In Forsyth County,
Georgia records, conveying the after
described property to secure a Note of
even date in the original principal amount
of $118,930.00, 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 Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in December, 2002, to wit:
J ... .. !.‘l
December 3, 2002, the following
described property:
ALL THAT TRACT or parcel of land lying
and being in Land Lot 229, 14th District,
Ist Section, Forsyth County, Georgia,
being Lot 43 of Woodberry Subdivision,
Phase One, being more particularly
described in a plat of said subdivision
being recorded in Plat Book 45, Pages
91-94, Forsyth County, Georgia.
The debt secured by said Deed to Secure
Debt has been and is hereby declared
due because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Note and
Deed to Secure Debt. The debt remain
ing 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, includ
ing attorney's fees (notice of intent to col
lect attorney’s fees having been given).
To the best knowledge and belief of the
undersigned, the party (or parties) in pos
session of the subject property known as
5980 Ashbury Lane, Cumming, GA
30040 is (are): Richard C. Grignon and
Susan E. Grignon or tenant or tenants.
Said property will be sold subject to (a)
any outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet due
and payable), (b) any matters which
might be disclosed by an accurate survey
and inspection of the property, and (c) all
matters of record superior to the Deed to
Secure Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances, ease
ments, restrictions, covenants, etc.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit
ed under the U.S. Bankruptcy Code, and
(2) final confirmation and audit of the sta
tus of the loan with the holder of the
security deed.
Bankers Trust Company of California,
N.A. as Trustee
as attorney in fact for
Susan E. Grignon and Richard C.
Grignon
Dene S. Perusse
Hudnall, Cohn and Abrams, PC.
780 Johnson Ferry Road, Suite 250
Atlanta, Georgia 30342
(404)256-1212
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L541,11/6,13,20,27
’ notice’ of sale under ’power* *
Georgia, Forsyth County
Under and by virtue of the Power of Sale
contained in a Deed to Secure Debt
given by D. Lamar Allen and Peggy S.
Allen to Oakmont Mortgage Company,
Inc., dated March 16, 2001, and recorded
in Deed Book 1916, Page 590, Forsyth
County, Georgia records, as last
assigned to The Bank of New York, acting
solely in its capacity as Trustee for EQCC
Trust 2001-2, by assignment to be
recorded in Forsyth County, Georgia
Records, conveying the after-described
property to secure a Note of even date in
the original principal amount of
$170,000.00, 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 Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in December, 2002, to wit:
December 3, 2002, the following
described property:
All that tract or parcel of land lying and
being in Land Lots 43 and 44 of the 3rd
District, Ist Section, Forsyth County,
Georgia, being 6.10 acres as shown on
that plat of survey for D. Lamar Allen,
dated January 26, 1998, prepared by
David Bealle Surveyors, Ltd., and being
more particularly described as follows:
To find the true point of beginning, begin
at a rock found at the common corner of
Land Lots 43, 44, 101 and 102, run
thence long the line between Land Lots
43 and 44 North 00 degrees 12 minutes
44 seconds West 234.50 feet to an iron
pin found and The True Point of
Beginning; run thence north 84 degrees
49 minutes 41 seconds West 314.88 feet
to an iron pin found; run thence North 00
degrees 25 minutes 55 seconds East
680.05 feet to an iron pin found; run
thence north 89 degrees 30 minutes 01
seconds East 312.05 feet to an iron pin
set; run thence South 00 degrees 17 min
utes 16 seconds West 568.18 feet to an
iron pin found on the center line of a
graded driveway; run thence along the
centerline of a graded driveway the fol
lowing courses and distances: North 81
degrees 11 minutes 47 seconds East
42.41 feet; North 88 degrees 41 minutes
55 seconds 149.76 feet; South 83
degrees 23 minutes 19 seconds East
119.11 feet to a point on the
Northwesterly right of way of Bannister
Road (having a 100 foot right of way); run
thence South 44 degrees 59 minutes 10
seconds West along the Northwesterly
right of way of Banister Road (having a
100 foot right of way) 146.20 feet to an
iron pin round; run thence South 78
degrees 10 minutes 56 seconds West
104.29 feet to an iron pin found; run
thence north 83 degrees 03 minutes 21
seconds West 57.59 feet to an iron pin
found; run thence North 78 degrees 15
minutes 52 seconds West 150.58 feet to
an iron pin found on the line between
Land Lots 43 and 44; run thence South
00 degrees 17 minutes 16 seconds West
along the line between Land Lots 43 and
44 30.83 feet to an iron pin found and the
True Point of Beginning.
The debt secured by said Deed to Secure
Debt has been and is hereby declared
due because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Note and
Deed to Secure Debt. The debt remain
ing 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, includ
ing attorney’s fees (notice of intent to col
led attorney’s fees having been given).
To the best knowledge and belief of the
undersigned, the party (or parties) in pos
session of the subject properly known as
6985 Bannister Road, Cummings GA
30040 is (are): D. Lamar Allen and Peggy
S. Allen or tenant or tenants.
Said property will be sold subject to (a)
any outstanding ad valorem taxes (includ
ing taxes which are a lien, but not yet due
and payable), (b) any matters which
might be disclosed by an accurate survey
and inspedion of the property, and (c) all
matters of record superior to the Deed to
Secure Debt first set out above, including,
but not limited to, assessments, liens,
encumbrances, zoning ordinances, ease
ments, restridions, covenants, etc.
The sale will be conduded subjed to (1)
confirmation that the sale is not prohibit
ed under the U.S. Bankruptcy Code, and
(2) final confirmation and audit of the sta
tus of the loan with the holder of the
security deed.
The Bank of New York, acting solely in its
capacity as Trustee for EQCC Trust 2001-
2
as attorney in fad for
D. Lamar Allen and Peggy S. Allen
Dene S. Perusse
Hudnall, Cohn and Abrams, P.C.
780 Johnson Ferry Road, Suite 250
Atlanta, Georgia 30342
(404) 256-1212
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L543,11/5,13,20,27
’ ’notice* of sale under power’ ’
GEORGIA, FORSYTH COUNTY
Under and by virtue of the Power of Sale
contained In a Security Deed given by
Dawn E. Billock and Robert G. Billock to
Sunshine Mortgage Corporation, dated
October 22, 1998, recorded in Deed
Book 1382, Page 663, Forsyth County,
Georgia Records, as last transferred to
The Provident Bank by assignment to be
recorded in the Office of the Clerk of
Superior Court of Forsyth County,
Georgia Records, conveying the
after-described property to secure a Note
in the original principal amount of TWO
HUNDRED TWENTYFOUR THOUSAND
AND 0/100 DOLLARS ($224,000.00),
with interest thereon as set forth therein,
there will be sold at public outcry to the
highest bidder for cash before the court
house door of Forsyth County, Georgia,
within the legal hours of sale on the first
Tuesday in December, 2002, 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 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 assess
ments, liens, encumbrances, zoning ordi
nances, restrictions, covenants, and mat
ters 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 Dawn E. Billock and
Robert G. Billock or a tenant or tenants
and said
property is more commonly known as
8740 Bay Drive, Gainesville, GA 30506.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibit
ed 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.
The Provident Bank
as Attorney in Fact for
Dawn E. Billock and Robert G. Billock
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols
& Clark, LLC
1544 Old Alabama Road
Roswell. Georgia 30076
www.foreclosurehotline.net
DDP/vaj 12/3/02
Our file no. 5797802-FTI
EXHIBIT“A"
All that tract or parcel of land lying and
being in Land Lots 1260 and 1283 of the
14th District. Ist Section, Forsyth County,
Georgia, and being Lot 3, Chestatee Bay
Subdivision, as per plat recorded in Plat
Book 4, Page 133, Forsyth County
records, which plat is incorporated into
this legal description by reference therto.
DDP/vaj 12/3/02
Our file no. 5797802-FTI
L544,11/6,13,20,27
’ ’notice OF* SALE UNDER POWER* ’
GEORGIA, FORSYTH COUNTY
Under and by virtue of the Power of Sale
contained in a Security Deed given by
William C. Leonard, Jr. and Snellie L
Leonard to Bank One, NA, dated
December 28, 1999, recorded in Deed
Book 1625, Page 715, Forsyth County,
Georgia Records, conveying the after
described property to secure a Note in
the original principal amount of ONE
HUNDRED THOUSAND ONE HUN
DRED TWENTY-FIVE AND 0/100 DOL
LARS ($100,125.00), with interest there
on 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
December, 2002, 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 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 assess
ments, liens, encumbrances, zoning ordi
nances, restrictions, covenants, and mat
ters 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 William C. Leonard and
Shellie L. Leonard or a tenant or tenants
and said property is more commonly
known as 4010 Milford Trail, Cumming,
GA 30040.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibit
ed 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.
Bank One, NA
as Attorney in Fact for
William C. Leonard, Jr. and Shellie L.
Leonard
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb, Nichols
& Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/twd 12/3/02
Our file no. 5300502-FT2
EXHIBIT-A”
All that tract or parcel of land lying and
being in Land Lots 452 and 453, 3rd
District, Ist Section, Forsyth County.
Georgia, being Lot 3, Mitchell's Creek
Subdivision, as per plat recorded in Plat
Book 28, page 290, Forsyth County,
Georgia Records, which plat is incorpo
rated herein and made a part hereof by
reference.
Address: 4010 Milford TR.; Cummings,
GA 30040 Tax Map or parcel ID NO.
120-040
L545,11/6,13,20,27
' ’notice’ OF* SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Under and by virtue of the Power of Sale
contained in a Security Deed given by
Christopher W. Davis to Empire of
America Realty Credit Corporation, dated
April 5, 1994, recorded in Deed Book
749, Page 487, Forsyth County, Georgia
Records, as last transferred to G.E.
Mortgage Services, L.L.C, f.k.a. G.E.
Capital Mortgage Services, Inc. by
assignment to be recorded in the Office
of the Clerk of Superior Court of Forsyth
County, Georgia Records, conveying the
after-described property to secure a Note
in the original principal amount of SIXTY
TWO THOUSAND FOUR HUNDRED
AND 0/100 DOLLARS ($62,400.00), with
interest thereon as set forth therein, there
will be sold at public outcry to the highest
bidder for cash before tne courthouse
door of Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in December, 2002, 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 having been
gven).
aid 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
See LEGALS, Page 5B
1 . .4, I J. 1 .