Newspaper Page Text
LEGALS from Page 6B
Cumming, Forsyth County, Georgia,
between the legal hours of sale on the
first Tuesday in January, 2004.
The property to be sold is described as
follows:
All that tract or parcel of land lying and
being in Land Lot 290 of the 2nd
District, Ist Section, Forsyth County,
Georgia, being Lot 18, Canongate-on-
Lanier Subdivision, Section C, as per
plat recorded in Plat Book 23, Page
202, Forsyth County, Georgia Records,
said plat being incorporated herein and
made reference hereto.
The property is further known as 3535
Cannon Creek Drive, Cumming,
Georgia 30041.
Said property will be sold subject to any
outstanding ad valorem taxes (including
taxes which are a lien, but not yet due
and payable), and matters which might
be disclosed by an accurate survey and
inspection of the property, any assess
ments, liens, encumbrances, zoning
ordinances, restrictions, covenants, any
matters of record superior to the Deed
to Secure Debt first set out above, and
rights of redemption, if any, conferred by
applicable state or federal law.
The proceeds of said sale will be used
first to pay said Deed to Secure Debt in
favor of Ellen M. Schuler and the Note
which it secures, legal fees and the
costs of foreclosure and the balance, if
any, will be disbursed to the parties enti
tled thereto as provided by law.
To the best knowledge and belief of the
undersigned, the parties in possession
of the property are Timothy Roberts and
Tamara Roberts, and the street address
of said property is 3535 Cannon Creek
Drive, Cumming, Georgia 30041.
Ellen M. Schuler, As Attorney in Fact for
Timothy Robert and Tamara Roberts
BOLING, RICE, MARTIN & MCGRUD
ER, LLC
Attorneys for Ellen M. Schuler
P.O. Box 244
Cumming, Georgia 30028
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L388,12/10,17, 24, 31
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER IN
DEED TO SECURE DEBT
Under and by virtue of the power of sale
contained in that certain Deed to
Secure Debt from Stephen Carusos to
Choice Capital Funding Inc. dated
02/13/2002, and recorded in Deed Book
2226, page 624, Forsyth County
records, as last transferred to Green
Tree Servicing LLC, the undersigned
will sell at public outcry to the highest
bidder for cash before the Courthouse
door in said County, during the legal
hours of sale, on the first Tuesday in
January, 2004 by Green Tree Servicing
LLC, as Attorney-in-Fact for Stephen
Carusos the following described proper
ty:
All that tract or parcel of land lying and
being in Land Lots 159 of the 14th
District, Ist Section of Forsyth County,
Georgia, being Lot 23 of Lanier Beach
South Subdivision, Phase 11, as per plat
recorded in Plat Book 16, page 203,
Records of Forsyth County, Georgia,
which plat is incorporated herein by ref
erence.
Property known as: 3220 S Shore
Circle, Cumming, GA 30041
The indebtedness secured by said
Deed to Secure Debt having been
declared due and payable because of
default in the payment of the indebted
ness secured thereby, this sale will be
made for the purposes of paying the
sale and all expenses of sale, including
attorney’s fees, (notice having been
given as provided by law).
The property will be sold as the proper
ty of The Aforesaid Grantors subject to
the following:
(1) all prior restrictive covenants, ease
ments, rights-of-way or encumbrances;
(2) all valid zoning ordinances; (3) mat
ters which would be disclosed by an
accurate survey of the property; (4) the
outstanding ad valorem taxes and
assessments, if any; (5) unpaid water
and sewage bills, that constitute liens
against the property, whether due and
payable or not yet due and payable; and
(6) matters of record superior to the
security deed first set out above.
To the best of the undersigned's knowl
edge and belief, the party in possession
is Stephen Carusos.
Green Tree Servicing LLC, as
Attorney-in-fact for Stephen Carusos.
This law firm is acting as a debt collec
tor attempting to collect a debt, any
information obtained will be used for
that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1010
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
L389,12/10,17, 24, 31
FILE NO. 23-143
LOAN NO. 471427
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
By virtue of a Power of Sale contained
in the Security Deed from JASON
WOODWARD to EMIGRANT MORT
GAGE COMPANY, INC. dated May 20,
2003, recorded in Deed Book 2824,
Page 735, FORSYTH County, Georgia
Records, given to secure a Note of even
date in the original principal amount of
Six Hundred Sixty Thousand and
00/100 Dollars ($660,000.00), with
interest as provided therein on the
unpaid balance until paid; there will be
sold at public outcry to the highest and
best bidder for cash before the
Courthouse door of Forsyth County,
Georgia, within the legal hours of sale
on the first Tuesday in January, 2004,
the following described property:
SEE EXHIBIT "A" ATTACHED HERETO
AND MADE A PART HEREOF BY REF
ERENCE.
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 paying the
same and all expenses of this sale,
including attorney's fees.
The property will be sold subject to any
outstanding ad valorem taxes, any
assessments, and any liens superior to
the Security Deed first set out above;
and to the best knowledge and belief of
the undersigned, JASON WOODWARD
OR TENANT is/are in possession of
said
property.
EMIGRANT MORTGAGE COMPANY,
INC.
as Attorney in Fact for
JASON WOODWARD
William A. Broughman, P.C.
Attorney at Law
4228 First Avenue
Suite 1
Tucker, GA 30084
(770) 621-3090
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT; ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
EXHIBIT “A’
All that tract or parcel of land lying and
being in Land Lot 1067 of the 2nd
District, Ist Section, Forsyth County,
State of Georgia, and being Lot 87, Unit
Phase B, Laurel Springs Subdivision, as
per plat recorded in Plat Book 48, Page
158-178, Forsyth County Records, said
plat being Incorporated herein by refer
ence and being known as 5995
Whitestone Lane, Suwanee, Georgia
and being the same property conveyed
to grantor at Deed Book 1222, Page
269, Forsyth County Records.
Property Address: 5995 Whitestone
Lane, Suwanee, GA 30024
L390,12/10,17, 24, 31
NOTICE OF SALE UNDER POWER '
FORSYTH COUNTY, GEORGIA
By virtue of the Power of Sale contained
in that certain Purchase Money Deed to
Secure Debt and Security Agreement
< I
from Robert B. Seagraves and Jonathan
Todd Ellerbee to Shiv Investments, Inc.,
dated July 31, 2003, and recorded in
Deed Book 2932, page 1, Records of
Forsyth County, Georgia, conveying the
after-described property to secure a
Promissory Note dated July 31, 2003 in
the original principal amount of
$920,000.00, with interest earned there
on as set forth therein, there will be sold
by the undersigned at public outcry, dur
ing the legal hours of sale before the
door of the Courthouse in Forsyth
County, Georgia on the first Tuesday in
January 2004, to-wit, January 6, 2004,
to the highest bidder for cash, the fol
lowing described property:
All that tract or parcel of land lying and
being in Land Lots 20, 21 & 53 of the
Second District and First Section of
Forsyth County, Georgia being 18.06
acres being designated as Tract 1 and
Tract 2 as shown on a survey for
Christopher Henry Homes, Inc., dated
October 20, 2000, as surveyed by
McWhorter-Quintana Land Surveying &
Civil Engineering, Registered Land
Surveyor Number 2644, which plat Is
incorporated herein by reference and
which property is more fully described
as follows:
TO FIND THE TRUE POINT OF BEGIN
NING, commence at the Northeast
Corner of Land Lot 21, said corner
being common to Land Lots 20 & 21 of
the Second District, First Section of
Forsyth County and Land Lots 1280 &
1281 of the Third District, First Section
of Forsyth County; thence along the
northern land lot line of Land Lot 21
North 89 degrees, 35 minutes, 04 sec
onds West 146.59 to a crimp top pin set
on the northern land lot line of Land Lot
21 and THE TRUE POINT OF BEGIN
NING; thence leaving said land lot line
South 00 degrees, 49 minutes, 14 sec
onds West 182.78 feet to a rebar found;
thence South 78 degrees, 47 minutes,
36 seconds East 422.08 feet to a rebar
found; thence South 32 degrees, 37
minutes, 40 seconds West 174.29 feet
to a crimp top pin set; thence South 63
degrees, 11 minutes, 01 seconds East
200.36 feet a crimp top pin set found on
the Northwesterly right-of-way of Kelly
Mill Road (said road having an 80 foot
right-of-way); thence along the
Northwesterly right-of-way of Kelly Mill
Road the following courses and dis
tances: South along a left hand curve
an arc distance of 300.71 feet, said arc
distance being a portion of a circle hav
ing a radius of 3392.01 feet and sub
tended by a chord bearing and distance
of South 08 degrees, 56 minutes, 36
seconds West 300.61 feet to a calculat
ed point; thence South 06 degrees, 24
minutes, 13 seconds West 37.34 feet to
a calculated point; thence South 03
degrees, 40 minutes, 51 seconds West
24.63 feet to a calculated point; thence
South along a left hand curve an arc
distance of 194.48 feet, said arc dis
tance being a portion of a circle having
a radius of 569.63 feet and subtended
by a chord bearing and distance of
South 06 degrees, 06 minutes, 00 sec
onds East 193.54 feet to a calculated
point; thence South 15 degrees, 52 min
utes, 50 seconds East 54.85 feet to a
calculated point; and thence South 23
degrees, 11 minutes, 38 seconds East
94.99 feet to a crimp top pin set found;
thence leaving the right-of-way of Kelly
Mill Road, South 82 degrees, 03 min
utes, 13 seconds West 102.75 feet to a
crimp top pin found; thence South 08
degrees, 29 minutes, 07 seconds West
96.99 feet to a crimp top pin found;
thence North 82 degrees, 05 minutes,
25 seconds East 20.21 feet to a crimp
top pin found; thence South 03 degrees,
31 minutes, 18 seconds West 147.51
feet to a crimp top pin found on the
Northwesterly right-of-way of Kelly Mill
Road; thence along a right hand curve
an arc distance of 106.14 feet, said arc
distance being a portion of a circle hav
ing a radius of 558.36 feet and subtend
ed by a chord bearing and distance of
South 68 degrees, 37 minutes, 16 sec
onds West 105.98 feet to a crimp top
pin found; thence leaving the
Northwesterly right-of-way of Kelly Mill
Road North 24 degrees, 12 minutes, 33
seconds West 49.82 feet to a crimp top
pin found; thence North 33 degrees, 56
minutes, 18 seconds West 46.54 feet to
a crimp top set; thence North 31
degrees, 43 minutes, 49 seconds, West
74.79 feet to a crimp top set; thence
North 31 degrees. 57 minutes, 44 sec
onds, West 97.91 feet to a crimp top pin
found; thence North 70 degrees, 14
minutes, 02 seconds West 114.17 feet
to a crimp top pin found; thence along
the property of now or formerly David B.
Creasey and P. J. Creasey North 07
degrees, 56 minutes, 21 seconds West
100 feet to a point; thence North 03
degrees, 35 minutes, 52 seconds East
213.98 feet to an open top pipe found;
thence continuing along the property
now or formerly of “Creasey” North 88
degrees, 24 minutes, 56 seconds West
350.47 feet to a point; thence along a
property designated as Tract 3 (.19
acre) being a lake, the following courses
and distances: thence North 03
degrees, 43 minutes, 21 seconds West
a distance of 27.64 feet to a point;
thence North 30 degrees, 35 minutes,
03 seconds West a distance of 43.57
feet to a point; and thence North 66
degrees, 44 minutes, 43 seconds West
a distance of 39.52 feet to a point;
thence North 84 degrees, 44 seconds
West a distance of 55.85 feet to a point;
thence along the property now or for
merly of Thomas Hicks North 05
degrees, 29 minutes, 16 seconds East
814.84 feet to an angle iron found;
thence South 89 degrees, 35 minutes,
04 seconds East 320.75 feet to a crimp
top pin set at the TRUE POINT OF
BEGINNING together with all fixtures
and personal property attached to and
constituting a part of said property, if
any.
The debt secured by said Deed to
Secure Debt and Promissory Note has
been and is hereby declare due payable
in full because of non-payment pursuant
to the terms of said Deed to Secure
Debt and Promissory Note. The indebt
edness remaining in default, the sale is
made for the purpose of applying the
proceeds thereof to the payment of the
indebtedness secured by the Deed to
Secure Debt and Promissory Note,
accrued interest and expenses of the
sale and other sums secured by the
Deed to Secure Debt, including attor
ney's fees, notice of intent to collect
attorney's fees having been given, and
the remainder, if any, shall be applied
as provided by law.
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 Deed to Secure
Debt first set out above. The sale will be
conducted subject to confirmation that
the sale is not prohibited under the U.S.
Bankruptcy Code.
To the best information, knowledge and
belief of the undersigned, the parties in
possession of the property are Robert
B. Seagraves and Jonathan Todd
Ellerbee.
Shiv Investments, Inc.
as Attorney-in Fact for
Robert B. Seagraves and
Jonathan Todd Ellerbee
H. Dennis Panter, Esq.
H. Dennis Panter & Associates, LLC
1827 Powers Ferry Road
Building 10
Suite 200
Atlanta, Georgia 30339
•THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR, ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L391,12/10,17,24,31
NOTICE OF SALE UNDER POWER ’
GEORGIA, FORSYTH COUNTY
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
Under and by virtue of the Power of
Sale contained in a Security Deed given
by Reynaldo Parra to Southfrust
Mortgage Corporation, dated December
12, 1996, recorded in Deed Book 1058,
Page 269 , Forsyth County, Georgia
Records, conveying the after-described
property to secure a Note in the original
principal amount of ONE HUNDRED
TWENTY-SEVEN THOUSAND ONE
HUNDRED AND 0/100 DOLLARS
($127,100.00), with interest thereon as
set forth therein, there will be sold at
public outcry to the highest bidder for
cash before the courthouse door of
Forsyth County, Georgia, within the
legal hours of sale on the first Tuesday
in January, 2004, 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 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
Security Deed and by law, including
attorney’s fees (notice of intent to col
lect 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
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 Reynaldo Parra or a ten
ant or tenants and said property is more
commonly known as 1326 Dalesford
Drive, Alpharetta, GA 30201.
The sale will be conducted subject (1)
to confirmation that the sale is not pro
hibited 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, including but not lim
ited to a determination that the loan was
not reinstated prior to the foreclosure
sale.
SouthTrust Bank
as Attorney in Fact for
Reynaldo Parra
Daniel D. Phelan
McCalla, Raymer, Padrick, Cobb,
Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
DDP/tlw 1/6/04
Our file no. 5101098-FTI
EXHIBIT "A”
All that tract or parcel of land lying and
being in Land Lot 834 of the 2nd
District, Ist Section, Forsyth County,
Georgia, being Lot 80, Holleybrooke
Subdivision, Phase One, as per plat
thereof recorded in Plat Book 47, Page
97-99, Forsyth County Records, said
plat being incorporated herein by refer
ence thereto.
DDP/tlw 1/6/04
Our file no. 5101098-FTI
•This law firm is acting as a debt collec
tor attempting to collect a debt. Any
information obtained will be used for
that purpose.*
L392,12/10,17, 24, 31
’ NOTICE OF SALE UNDER POWER "
GEORGIA, FORSYTH COUNTY.
Because of the default in the payment
of a note executed by FALCON AUTO
MOTIVE GROUP, L.L.C, and Ed Z.
Shugom, individually, secured by a
deed to secure debt executed by FAL
CON AUTOMOTIVE GROUP, L.L.C, to
HOYT GRIMES dated March 2, 1999,
and recorded in the Clerk’s Office of
Forsyth County, Georgia, in Deed Book
1458, pages 460-463, which was sub
sequently assigned by Hoyt Grimes a
one-half undivided interest in said secu
rity deed to Johnny L. Grimes, dated
June 11, 1999, which assignment is
recorded in Deed Book 1524, Page 263,
Clerk,s Office of Forsyth County,
Georgia, the undersigned has declared
the full unpaid amount of the indebted
ness secured by said deed due and
payable, and acting under the power of
sale contained in said deed, for the pur
pose of paying said indebtedness, will
on the first Tuesday in January, 2004,
during the legal hours of sale at the
Courthouse in Forsyth County, Georgia,
sell at public outcry to the highest bid
der for cash, the land described in said
deed, to wit:
All that tract or parcel of land lying and
being in Land Lots 756 and 757 of the
2nd District, Ist Section, Forsyth
County, Georgia as more particularly
described below and incorporated here
in by reference for a more complete
description of this property.
All that tract or parcel of land lying and
being in Land Lots 756 and 757, 2nd
District, Ist Section of Forsyth County,
Georgia as delineated on survey by
Watts & Browning, Engineers, dated
August 20, 1969, and recorded in Plat
Book 6, Page 160, Forsyth County
Records, and being more particularly
described as follows:
BEGINNING at an iron pin located on
the northerly right-of-way of U.S.
Highway No. 19, 193.00 feet northeast
erly from the Highway Right-of-Way
Monument; running thence north 14
degrees 05 minutes West 192.00 feet to
an iron pin; running thence south 81
degrees 00 minutes west 132.2 feet to
an iron pin located on the Fulton-
Forsyth line; running thence north 00
degrees 00 minutes 30 second east
along said Fulton-Forsyth line 558.3 feet
to an iron pin; thence running north 75
degrees 51 minutes east 277.8 feet to
an iron pin; running thence south 14
degrees 45 minutes east 747.7 feet to
an iron pin located on the northerly
right-of-way of U.S. Highway No. 19; and
running thence southwesterly along
said northerly right-of-way 290.5 feet to
the point of beginning; said property
consisting of 5.71 acres. Said monu
ment is located in Fulton County and is
more particularly located on the above
mentioned survey.
NOTE: The above legal description
begins at a point 193.0 feet northeaster
ly from the Highway Right-of-Way
Monument. The legal description of the
adjacent property on the west begins 3
feet northeasterly from said Monument
and then extends 190.0 feet northeast
erly along the northerly right-of-way of
U.S. Highway No. 19.
This property is subject to the following
easements:
1. a. Deed Book 17, Page 193, filed 3-
30-40 from Mrs. E.A. Strickland to
Forsyth County Rural Electric
Membership Corporation.
b. Deed Book 57, Page 459, filed 9-16-
65 from I.W. Strickland and Ivy
Strickland to Georgia Power Company -
for Nelson-Norcross Transmission line -
125 foot right of way.
c. Deed Book 58, page 418, filed 10-30-
65 as superseded by Deed Book 60,
Page 285, filed 1-28-66 from I.W.
Strickland and Ivy Strickland to'Georgia
Power Company -for Nelson Norcross
Transmission line ■ 125 foot right of way.
d. Deed Book 310, Page 581, filed 11-
22-85 from Hoyt Grimes to Sawnee
Electric Membership Corporation.
2. Right of way deed to State Highway
Board of Georgia at promiscuous
Docket Book B, Page 175 conveys 80
foot right of way for project #23.
3. Right of way deed to State Highway
Board of Georgia at Docket Book 14,
Page 453 conveys 80 foot right of way
for project #23.
(Any rights of the current Department of
transportation to maintain slopes,
banks and fills as contained and refer
enced In said right of way deed.
4. Right of way easement to Southern
Bell Telephone & Telegraph Company at
Deed Book 459, Page 457.
To the best knowledge and belief of the
undersigned, the physical address of
the above described property is 6730
Highway 9, Alpharetta, GA 30004.
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.
Said property will be sold as the proper
ty of FALCON AUTOMOTIVE GROUP,
L.L.C, and subject to the following items
which may affect the title to said proper
ty: all zoning ordinances, matters which
would be disclosed by an accurate sur
vey or by an inspection of the property;
any outstanding taxes, including but not
limited to ad valorem taxes which con
stitute liens upon said property; special
assessments; all outstanding bills for
public utilities which constitute liens
upon said property; all restrictive
covenants, easements, rights-of-way
and any other matters of record superi
or to said security deed. To the best of
the knowledge and belief of the under
signed, the party in possession of the
property is FALCON AUTOMOTIVE
GROUP, L.L.C, or tenants.
The sale will be concluded subject to
confirmation that the sale is not prohibit
ed under the U.S. Bankruptcy Code and
to final confirmation and audit of the
status of the loan with the holder of the
security deed.
The undersigned will execute a deed to
the purchaser as authorized in the
aforementioned deed to secure debt.
HOYT GRIMES and JOHNNY L.
GRIMES,
ATTORNEY IN FACT FOR
FALCON AUTOMOTIVE GROUP, L.L.C.
Allen Broxton
P. O. Box 430
Gainesville, GA 30503
(770) 531-7722
L393,12/10,17, 24, 31
NOTICE OF SALE UNDER POWER "
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the Power of
Sale in Deed from Stone-Way Builders
Group, Inc. to Chestatee State Bank,
Grantee, dated October 24, 2002 and
recorded in Deed Book 2496, Pages
231 -239 of the Forsyth County, Georgia
Records, said Deed to Secure Debt
having been given to secure a
Promissory Note dated October 24,
2002 in the original principal amount of
$250,000.00, there will be sold by the
undersigned at public outcry, during the
legal hours of sale before the door of
the Courthouse of Forsyth County,
Georgia, on the first Tuesday in January,
2004, to wit: January 6, 2004, to the
highest and best bidder for cash the
property described as follows, to wit:
ALL THAT TRACT or parcel of land lying
and being in Land Lots 460 and 477 of
the 3rd District, Ist Section of Forsyth
County, Georgia being Lot 55, Rose
Creek Subdivision as shown on a plat
recorded in Plat Book 68, Pages 58-67
of the Forsyth County Deed Records
said plat being incorporated herein by
reference.
The debt secured by said Deed to
Secure Debt and Note has been and is
hereby declared due and payable in full
because of nonpayment of principal and
interest pursuant to the terms of said
Deed to Secure Debt and Note. Notice
has been given of intention to enforce
provisions for collection of attorney's
fees and foreclosure in accordance with
legal requirements and the terms of the
Deed to Secure Debt and Note. The
indebtedness remaining in default, the
sale will be made for the purpose of
applying proceeds thereof to the pay
ment of the indebtedness secured by
the Deed to Secure Debt, accrued inter
est and expenses of the sale and other
sums secured by the Deed to Secure
Debt including attorney’s fees, and the
remainder if any shall be applied as pro
vided by law.
To the best of the undersigned's knowl
edge and belief the property is in the
possession of Stone-Way Builders
Group, Inc. and said property will be
sold as the property of Stone-Way
Builders Group, Inc. subject to outstand
ing ad valorem taxes, and easements
and restrictions of record, if any. The
undersigned will execute a deed to the
purchaser at said sale as provided in
the Deed to Secure Debt.
Chestatee State Bank, as Attorney-in-
Fact
for Stone-Way Builders Group, Inc.
Newsom C. Cummings, Esq.
Cummings Kelley & Bishop PC
75 Elliott Road
Suite 220
Dawsonville, Georgia 30534
706-216-8989
L394,12/10,17, 24, 31
NOTICE OF SALE UNDER POWER IN
SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the Power of
Sale contained in that certain Georgia
Security Deed and Security Agreement
from George Mecerod to Frank Mecerod
(Estate of Frank Mecerod, “Lender”)
dated June 11th 1996, and recorded in
Deed Book 1102, Page 432-439, in the
offices of the Clerk of the Superior
Court of Forsyth County, Georgia (the
“Security Deed"), the undersigned 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 January, 2004
the following described real property, to
wit:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 1145 OF THE 2ND DISTRICT, IST
SECTION OF FORSYTH COUNTY,
GEORGIA, BEING LOT 1011 OF OLDE
ATLANTA CLUB SUBDIVISION, AND
BEING IMPROVED PROPERTY
KNOWN AS 6655 CLUB VALLEY
COURT, SUWANEE, GEORGIA 30024,
AS PER PLAT RECORDED IN THE
PLAT BOOK 44, PAGE 52, IN THE
OFFICE OF THE CLERK OF SUPERI
OR COURT OF FORSYTH COUNTY,
GEORGIA WHICH RECORDED PLAT
IS INCORPORATED HEREIN BY REF
ERENCE AND MADE A PART OF THIS
DESCRIPTION.
The debt secured by the Security Deed
is evidenced and dated June 11th 1996,
executed by George Mecerod to Frank
Mecerod, Lender (the “Agreement’),
plus interest from date on the unpaid
balance ($585,597.56) referenced
therein until paid; that certain Guaranty
Agreement dated June 11th 1996, exe
cuted by George Mecerod in favor of
Frank Mecerod, Lender (the
"Guaranty”), and other indebtedness.
Default has occurred and continues
under the terms of the Agreement,
Guaranty and Security Deed by reason
of, among other possible events of
default, the nonpayment when due of
the indebtedness evidenced by the
Agreement and secured by the
Guaranty and the Security Deed and
the failure to comply with the terms and
conditions of the Agreement, Guaranty,
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 Deborah
Mecerod, the proceeds to be applied to
the payment of said Indebtedness, attor
neys' fees, and the lawful expenses of
said sale, all as provided In the
Agreement and Security Deed. The sale
shall be subject to the following:
Covenants and Restrictions as supple
mented and/or amended from time to
time; general utility or other easements
recorded against the property In the
aforesaid records; all outstanding ad
valorem taxes and/or assessments, If
any; possible redemptive rights of the
Internal Revenue Service, if any; and all
other prior assessments, easements,
restrictions or matters of record.
To the best of the undersigned's knowl
edge and belief, the real property Is
FORSYTH COUNTY NEWS—Wednesday, December 17,2003 I
presently owned by Deborah Mecerod.
To the best of the undersigned's knowl
edge and belief, the party in possession
of the real property is Deborah
Mecerod.
Orin Walker as Attorney for Frank
Mecerod
(770) 529-9889
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT, AND ANY INFOR
MATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
L395,12/10,17, 24,31
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in a Security Deed from
LAURA A. DOUTHIT to NATIONSBANK,
N.A. n/k/a BANK OF AMERICA, N.A.,
dated January 28, 1998, recorded
March 2, 1998, in Deed Book 1240,
Page 438, FORSYTH County, Georgia
records, said Security Deed being given
to secure a Note from LAURA A.
DOUTHIT of even date in the original
principal amount of Twenty Five
Thousand and 00/100 ($25,000.00)
Dollars, with interest from date at the
rate of per cent per annum on the
unpaid balance until paid; also secured
by a Note from Laura A. Douthit dated
January 28, 2000 in the original princi
pal amount of Twenty Five Thousand
and 00/100 ($25,000.00) Dollars; 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 first Tuesday in January,
2004, the following described property:
All that parcel of land in Forsyth County,
State of Georgia, as more fully
described in Deed Book 395, Page
6800, ID# 220-207, being known and
designated as Land Lot 147, 14th
District, Section 1, Shady Shores Hill
Crest Section, Lots 334 and 335, filed in
Plat Book 1, Page 390.
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 arid by law, including
attorney's fees (notice of intent to col
lect 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
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 LAURA A. DOUTHIT or a
tenant or tenants.
NATIONSBANK, N.A. n/k/a BANK OF
AMERICA, N.A.,
as attorney in Fact for LAURA A.
'DOUTHIT
L. Lou Allen
Eells & Allen, LLC
2971 Flowers Road South, Suite 181
Atlanta, Georgia 30341
(770) 455-3660 ext. 23
File No. 69-70-44
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L396,12/10,17,24, 31
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in a Security Deed from GAIL
DUNFORD AND MARK O. DUNFORD
to BANK OF AMERICA, N.A., dated
July 18, 2000, recorded September 11,
2000, in Deed Book 1953, Page 465,
Forsyth County, Georgia records, said
Security Deed being given to secure a
Note from GAIL F. DUNFORD AND
MARK O. DUNFORD of even date in the
original principal amount of One
Hundred Seventy Nine Thousand Eight
Hundred Twenty Six and 88/100
($179,826.88) Dollars, with interest from
date at the rate of 8.750 per cent per
annum 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 first Tuesday
in January, 2004, the following
described property:
All that tract or parcel of land lying and
being in Land Lot 447 of the 14th
District and Ist Section of Forsyth
County, Georgia, and being Lot 3 of
Holland Court Subdivision, as shown in
a plat for said subdivision dated
November 28, 1988, as prepared by
Hilton H. Hobby, Jr. R.L.S. No. 2207,
recorded in plat book 29, page 90,
Forsyth County, Georgia records, which
plat is incorporated herein and made a
part hereof by reference thereto, said
tract contains .608 acres.
Also conveyed herewith is a one-third
interest in and to the well pumping
apparatus which serves the above
described .608 acre tract, as described
in well agreement filed 1/13/92, record
ed in deed book 632, page 715, afore
said records.
Also conveyed herewith is a non-exclu
sive perpetual easement across a ten
foot side private water line easement as
depicted on the above referenced sur
vey for Holland Court Subdivision
recorded in Plat Book 29, Page 90,
aforesaid records.
Also conveyed herewith is the boatdock
located adjacent to the above described
property.
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 col
lect 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
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 GAIL DUNFORD AND
MARK O. DUNFORD or a tenant or ten
ants.
BANK OF AMERICA, N.A.,
as attorney in Fact for GAIL DUNFORD
AND MARK O. DUNFORD
L. Lou Allen
Eells & Allen, LLC
2971 Flowers Road South, Suite 181
Atlanta, Georgia 30341
(770) 455-3660 ext. 23
File No. 69-70-37
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L397,12/10,17, 24, 31
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale
contained in a Security Deed from LEO
D. MCLAUGHLIN a/k/a LEE MCLAUGH
LIN to BANK OF AMERICA, N.A., dated
April 8, 1999, recorded April 29, 1999,
In Deed Book 1490, Page 785, Forsyth
County, Georgia records, said Security
Deed being given to secure a Note from
LEO D. MCLAUGHLIN of even date In
the original principal amount of One
Hundred Ninety Three Thousand Seven
Hundred Fifty Two and 30/100
($193,752.30) Dollars, with interest from
date at the rate of per cent per annum
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 first Tuesday in January,
2004, the following described property:
All that tract or parcel of land lying and
being in Land Lots 210 and 211 of the
2nd District and Ist section of Forsyth
County, Georgia, being more particular
ly described as follows:
To arrive at the point of beginning, com
mence at the southwest corner of Land
Lot 211, thence 90 degrees 00 minutes
00 seconds East, 318.00 feet to a point
on the northwesterly right-of-way of
Mashburn Lake Road, thence along
said right-of-way the following courses
and distances: North 56 degrees 50
minutes 15 seconds East, 68.66 feet;
North 59 degrees 49 minutes 13 sec
onds East, 195.18 feet; North 57
degrees 25 minutes 07 seconds east,
98.27 feet, North 49 degrees 08 min
utes 07 seconds East, 61.96 feet, north
33 degrees 11 minutes 28 seconds
East, 62.31 feet, North 22 degrees 06
minutes 02 seconds east 62.29 feet,
and north 16 degrees 49 minutes 34
seconds east, 258.74. feet to a point
found thereon, which is the point of
beginning; thence from said point of
beginning, north 16 degrees 31 minutes
07 seconds east along the northwester
ly right-of-way of Mashburn Lake Road
100.02 feet to a point found thereon,
thence leaving said right-of-way north
49 degrees 30 minutes 31 seconds
west, 349.57 feet to a point, thence
north 47 degrees 55 minutes 09 sec
onds west, 635.18 feet to a point;
thence south 15 degrees 40 minutes 06
seconds west, 294.21 feet to a point;
thence south 34 degrees 05 minutes 44
seconds west, 305.58 feet to an iron pin
found in Land Lot 210; thence south 48
degrees 44 minutes 20 seconds east,
441.66 feet to a point; thence north 41
degrees 14 minutes 13 seconds east,
198.55 feet to a point; thence north 48
degrees 41 minutes 08 seconds west,
163.05 feet to a point, thence north 33
degrees 47 minutes 15 seconds east,
92.75 feet to a point; thence south 48
degrees 42 minutes 33 seconds east,
378.36 feet to a point, thence south 88
degrees 55 minutes 26 seconds east,
283.35 feet to the point of beginning.
Said property contains 8.22 acres
according to a plat of survey for Earnest
L. Moorehead and Ann M. Moorehead,
dated July 10, 1980, as prepared by
Clyde N. Mize, registered land surveyor,
which plat is incorporated herein and
made a part hereof by reference there
to.
Being the same property conveyed by
that certain warranty deed from Charles
McGinnis to Ernest L. Moorehead and
Ann M. Moorehead, dated August 4,
1980, filed for record August 5, 1980,
recorded in Deed Book 204, Page 527,
Forsyth County, Georgia records.
LESS AND EXCEPT
All that tract or parcel of land lying and
being in Land Lots 210 and 211 of the
2nd District and Ist Section of Forsyth
County, Georgia. Being tract Four-B,
5.113 Acres, as shown on a survey for
Dan Cowart, Inc., Daniel E. Cowart, pre
pared by Geosurvey, Ltd. dated
February 18, 1997, and being more par
ticularly described as follows:
To find the true point of beginning,
begin at an angle iron found at the con
fluence of Land Lots 210, 211, 222 and
223; thence running north 86 degrees
46 minutes 58 seconds east 101.01 feet
to a 1/2 inch iron reinforcing bar found;
thence north 33 degrees 28 minutes 26
seconds east 246.20 feet to a 1 1/4 inch
shaft found; thence north 34 degrees 24
minutes 11 seconds east 185.57 feet to
a 1/2 inch crimped top pipe found;
thence north 47 degrees 32 minutes 30
seconds west 206.57 feet to a 3/8 inch
iron reinforcing bar found which is the
true point of beginning; thence north 42
degrees 26 minutes 16 seconds east
198.66 feet to a 3/8 inch reinforcing bar
found; thence north 47 degrees 30 min
utes 32 seconds west 163.23 feet to a 1
inch open top pipe found; thence north
35 degrees 22 minutes 25 seconds east
92.55 feet to a 1 inch open top pipe
found; thence north 47 degrees 30 min
utes 30 seconds west 22.07 feet to a
point; thence north 58 degrees 12 min
utes 52 seconds east 281.33 feet to a
point: thence north 46 degrees 43 min
utes 54 seconds west 486.48 feet to a
3/4 inch open top pipe; thence south 16
degrees 51 minutes 53 seconds west
294.04 feet to a 1/4 inch open top pipe,
thence south 35 degrees 18 minutes 06
seconds west 305.41 feet to an angle
iron found; thence south 47 degrees 31
minutes 40 seconds east 441.76 feet to
the true point of beginning.
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 col
lect 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
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 LEO D. MCLAUGHLIN
a/k/a LEE MCLAUGHLIN or a tenant or
tenants.
BANK OF AMERICA, N.A.,
as attorney in Fact for LEO D.
MCLAUGHLIN a/k/a LEE MCLAUGHLIN
L. Lou Allen
Eells & Allen, LLC
2971 Flowers Road South, Suite 181
Atlanta, Georgia 30341
(770) 455-3660 ext. 23
File No. 69-70-48
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L398,12/10,17,24, 31
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 Leroy W. Stepp to Matrix
Financial Services Corporation, dated
October 2, 1997, and recorded In Deed
Book 1179, Page 40, Forsyth County,
Georgia records, as last assigned to
Bank One, National Association, as
Trustee f/k/a The First National Bank of
Chicago, as Trustee 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
$95,400.00, 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 January, 2004, to
wit: January 6, 2004, the following
described property:
All that tract or parcel of land lying and
being In Land Lot 841, 14th District, Ist
Section, Forsyth County, Georgia,
embracing 1.64 acres, and being more
particularly described as follows:
Beginning at a point found at the inter
section of Land Lots 841, 842, 805 and
806, aforesaid district and section, run
ning thence North 01-57-31 East 575.00
feet to a point; thence South 55-05-09
East 296.40 feet to a point; thence
South 32-58-04 West 482.76 feet to the
See LEGALS, Page 8B
PAGE 7B