Newspaper Page Text
PAGE 6B
-FORSYTH COUNTY NEWS—Wednesday, March 17, 2004
LEGALS from Page 5B
Attorney in Fact for
Ryan L. Buffington
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.
EXHIBIT "A"
All that tract or parcel of land lying and
being in Land Lot 156. 2nd Land
District. Ist Section of Forsyth County,
Georgia, being known and designated
as Lot 24 of Hutchinson. Trace
Townhomes as shown on that certain
final plat of survey recorded at Plat
Book 73. Pages 10-14. Forsyth County,
Georgia Records, reference to said
plat of survey and the record thereof
being hereby made tor a more com
olete legal description
L 147, 3/10,17, 24, 31
NOTICE OF SALE UNDER POWER
GEORGIA. FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a
Security Deed executed by David
Chapman to Wilmington Finance. Inc
dated the 23rd day of August. 2002.
and recorded In Deed Book 2408.
Page 667. FORSYTH County. Georgia
Records; as last transferred to
JPMorgan Chase Bank as Trustee by
assignment to be recorded, the under
signed. JPMorgan Chase Bank as
Trustee, pursuant to said deed and the
note thereby secured, has declared the
entire amount of said indebtedness
due and payable and pursuant to the
power of sale contained m said deed,
will on the first Tuesday in April, 2004.
during the legal hours of sale, at the
Courthouse door in FORSYTH County,
sell at public outcry to the highest bid
der for cash, the property described in
said deed to-wit:
FOR LEGAL DESCRIPTION. SEE
EXHIBIT "A" ATTACHED
which has the property address of
2920 Brookwood Road. 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
matters of record which may affect said
property
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
Notice has been given of intention to
collect attorneys' fees in accordance
with the terms of the note secured by
said deed
Said property will be sold as the prop
erty of David Chapman and the pro
ceeds 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 aforementioned
Security Deed
JPMorgan Chase Bank as Trustee
Attorney in Fact tor
David Chapman
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.
EXHIBIT "A"
All that tract or parcel of land lying and
being in Land Lot 1094 of the 2nd
District and Ist Section of Forsyth
County. Georgia, consisting of 612
acres and being Lot 93-A-1B of
Brookwood Subdivision, as shown on a
plat of survey for David Chapman, pre
pared by Mario G Forte. Georgia
Registered Land Surveyor No. 2721,
dated August 20, 2002. and being
more particularly described as follows
To find the true point of beginning at a
point at the intersection of Vaughan
Drive and Brookwood Road (having a
50 foot right-of-way) and running South
33 Degrees 19 Minutes 00 Seconds
West a distance of 150.00 feet, more
or less to a point and the TRUE POINT
OF BEGINNING: thence running along
Brookwood Road South 33 Degrees 19
Minutes 00 Seconds West a distance
of 150 feet to a point, thence running
South 89 Degrees 31 Minutes 16
Seconds West a distance of 200 0 feet
to an iron pin found, thence running
North 23 Degrees 16 Minutes 15
Seconds East a distance of 113.13 feet
to a point: thence running North 89
Degrees 11 Minutes 16 Seconds East
a distance of 20 00 feet to a point;
thence running North 23 Degrees 15
Minutes 57 Seconds East a distance of
20.00 feet to a point; thence running
North 23 Degrees 15 Minutes 57
Seconds East a distance of 26 87 feet
to a point; thence running South 89
Degrees 28 Minutes 51 Seconds East
a distance of 207 08 feet to a point and
the TRUE POINT OF BEGINNING.
Ll4B, 3/10,17, 24.31
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a
Security Deed executed by James T
Thomas to Eagle Service Corporation
d/b/a Tucker Federal Mortgage dated
the 12th day of December. 1997. and
recorded in Deed Book 1208 Page
698. FORSYTH County, Georgia
Records, transferred to CitiMortgage.
Inc by assignment to be recorded in
the aforesaid records, the undersigned.
CitiMortgage, Inc., pursuant to said
deed and the note thereby secured,
has declared the entire amount of said
indebtedness due and payable and
pursuant to the power of sale con
tained in said deed, will on the first
Tuesday in April, 2004. during the legal
hours of sale, at the Courthouse door
in FORSYTH.County, sell at public out
cry 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
6325 Elmo Road, Cummings, 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
matters of record which may affect said
property.
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
Notice has been given of Intention to
collect attorneys' lees in accordance
with the terms of the note secured by
said deed.
Said property will be sold as the prop
erty of James T Thomas and the pro
ceeds 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 aforementioned
Security Deed
CitiMortgage, Inc.
Attorney in Fact for
James T Thomas
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
EXHIBIT "A"
All that tract a parcel of land Lots 196
and 237 of the 3rd District. Ist Section
of Forsyth County, Georgia and being
more particularly described as follows:
To reach the true point of beginning,
start at the intersection of the West
Line of Land Lot 196 with the south
westerly side of being road (also
known as Elho-Hatt Road) an 80-toot
right of way. and run thence South 62
degrees 19 minutes 00 seconds East
along the southwesterly side of Elho
Road 332 10 feet; thence south 51
degrees 03 minutes 00 seconds East
13 23 feet to an Iron pin set on the
Southwestly side of Elho Road and the
True Point of beginning, thence along
the southwesterly side of Elho road the
following courses and distances; South
51 degrees 01 minutes 00 seconds
East 73 57 feet; Spltj 45 degrees 23
minutes 00 seconds East 40.2 feet;
south 40 degrees 05 minutes 00 sec
onds East 181.3 feet: south 41 degrees
20 minutes 00 seconds East 101 70
feet; South 44 degrees 54 minutes 00
seconds East 101 80 feet; south 46
degrees 34 minutes 00 seconds East
101.50 feet. South 49 degrees 10 min
utes 00 seconds East 110 40 feet,
south 53 degrees 45 minutes 16 sec
onds East 189 40 feet thence leaving
said right of way North 76 degrees 49
minutes 35 seconds West 79.35 feet,
thence North 84 degrees 44 minutes
00 seconds West 101.35 feet, thence
North 63 degrees 41 minutes 10 sec
onds West 19 63 feet, thence North 40
degrees 29 minutes 00 seconds west
76.80 feet, thence North 27 degrees 54
minutes 12 seconds West 134 60 feet,
thence North 24 degrees 53 minutes
58 seconds west 99 77 feet; thence
North 20 degrees 36 minutes 21 sec
onds west 15 43 feet; thence North 08
degrees 38 minutes 17 second West
176 58 feet, thence North 10 degrees
45 minutes 00 seconds East 120 36
feet to an iron pm found, thence North
01 degrees 03 minutes 55 seconds
East West 64 77 feet to an iron pin
found, thence North 08 degrees 37
minutes 00 seconds West 6075 feet to
an iron pin set; thence North 08
degrees 00 minutes 52 seconds East
16 13 feet to the True Point of
Beginning
Ll5O. 3/10, 17. 24, 31
NOTICE OF SALE UNDER POWER
By virtue of a power of sale contained
in a certain Security Deed (the
"Security Deed") from Tom Roucek
("Grantor") to Douglas H Huff
("Grantee"), dated October 29. 2002
and recorded August 7. 2003 at Deed
Book 2943 Page 101. Forsyth County.
Georgia records, said Security Deed
securing indebtedness evidenced by a
Promissory Note (the "Promissory
Note") with Grantor as Maker and
Grantee as Payee, dated October 29.
2002. in the original principal amount
of $50,000 00 together with interest
and penalties as therein stated (with
both the Security Deed and Promissory
Note being held by Grantee) Grantee
will sell, in accordance with the terms
and provisions of the Security Deed,
for cash, at public outcry, to the highest
bidder on the steps of the Forsyth
County. Georgia courthouse and within
the legal hours of sale on Tuesday.
April 6. 2004. the following described
real property, which has an address of
Lot 42 of Oakwood Forest Subdivision.
Forsyth County, Georgia (the
"Property")
All that tract or parcel of land lying and
being in Land Lot 443, Third District,
First Section. Forsyth County, State of
Georgia, and being that tract dominat
ed "PARK" abutting the eastern land lot
line of the aforesaid Land Lot 443 and
being in the Southeasterly corner of a
subdivision known as Oakwood Forest
as such is shown on a Plat of Survey
entitled "A Record Plat of Oakwood
Forest' dated June 26. 1973. prepared
by Thomas M Patton. Registered Land
Surveyor, and recorded in Plat Book 9.
Page 304. Clerk s Office Forsyth
County Superior Court, which plat and
record thereof are incorporated herein
for a more particular description of the
land conveyed
Also known as Lot »42 of Oakwood
Subdivison. being 2 93 Acres, the
property is further described as:
ALL THAT TRACT or parcel of land
lying and being in Land Lots 422. 423,
442. and 443 of the Third District. First
Section, Forsyth County. Georgia, and
being more particularly described as
follows:
BEGINNING at the center of the
Southeasterly point of Wallace Tatum
Road, said point being 535 feet North
of the point where land lots 443. 422.
421, and 444 bisect, and running
thence Northwest along said Wallace
Tatum Road the entire distance of
Land Lot 422 and continuing along
said road into land lot 423 a distance
of 2186 76 feet to an old stake found;
thence South 0 O' 12" East a distance
of 1265 96 feet to an iron pin on the
land lot line; thence due East 460.0
feet to the center of Wright Bridge
Road; thence Southwest and
Southeast along the said Wright Bridge
Road into land lot 442 a distance of
1401.74 feet to an Iron pin set at the
point where Setten Down Creek com
mences; thence North 80 17' East
along said creek a distance of 146 6
feet to an iron pin; thence 26 03’ East
31 8 feet to an iron pin; thence 42 09'
East a distance of 202.23 feet to an
iron pm still following the meanderings
of said Creek to a point; thence North
33 07' East 314 68 feet; thence North
71 48' East 249.78 feet, thence still
along said Creek North 89 46' East
605 7 feet, thence South 78 53' East
213.21 feet to an Iron pin found; thence
along a fence and the dividing line
between land lots 443 and 444 North
00 43' 25" East 1383 51 feet to the
point of Beginning and the end of the
fence.
The within property is a portion of that
property conveyed to Lawrence Shaw
and Violet D Shaw by Warranty Deed
from Thornton-Gravitt, Inc., March 15,
1972, recorded In Deed Book 105,
page 469, Forsyth County Deeds
Records.
The indebtedness evidenced by the
Promissory Note and secured by the
pledge ol the Property as collateral
pursuant to the Security Deed has
been and is hereby declared due and
payable because of, among other pos
sible events of default, non-payment of
the amounts owed pursuant to the
Promissory Note and Security Deed.
The indebtedness remaining in default,
the Property is being sold in accor
dance with the terms and provisions of
the Security Deed for the purpose of
paying the debt and all expenses of the
sale of the Property, including advertis
ing costs and attorney's fees. The
Property will be sold subject to any
outstanding ad valorem taxes, special
assessments, and unpaid utility bills
constituting liens against it. as well as
to all security deeds, liens and encum
brances in existence at the time the
Security Deed was filed for record To
the best of the undersigned's knowl
edge, information and belief, equitable
title to the Property is currently held by
Grantor.
Douglas H Huff, Attorney-m-Fact for
Tom Roucek
Larry C. Oldham
Attorney at Law
416 Pirkle Ferry Road
Suite K-500
Cumming, Georgia 30040
L151.3/10,17, 24,31
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Because of a default in the payment of
the indebtedness evidenced by the
Note, Disclosure and Security
Agreement. Waiver of Trial by Jury and
Agreement to Arbitration or Reference
or Trial by Judge Alone (as hereinafter
described), secured by a Security
Deed from Robert Wallace and Deanna
Hendrix (hereinafter referred to as
"Grantors") to Green Point Credit Corp ,
dated June 22. 1999, filed tor record in
Deed Book 1533, Page 0519. in the
Office of the Clerk of the Superior
Court of Forsyth County. Georgia
(hereinafter called the "Security
Deed"), the undersigned. Green Point
Credit Corp . pursuant to said Security
Deed and that certain Note, Disclosure
and Security Agreement. Waiver of
Trial by Jury and Agreement to
Arbitration or Reference or Trial by
Judge Alone dated June 22. 1999 in
the original principal amount of
$73,447.40 (hereinafter referred to as
the "Note") has declared the entire
amount of said indebtedness due and
payable Therefore, pursuant to and by
virtue of the power of sale contained in
the Security Deed, there will be sold by
the undersigned at public outcry to the
highest and best bidder tor cash before
the Courthouse door on the court
house steps at Forsyth County.
Georgia, within the legal hours of sale
on the first Tuesday in April. 2004 the
following described property:
All that tract or parcel of land tying and
being in Land Lot 668 of the 3rd
District and Ist Section ol Forsyth
County, Georgia, being 2 00 acres, as
shown on a survey for Deanna
Hendrix, prepared by Richard Webb &
Associates. Richard J Webb, dated
May 15. 1996, and being more particu
larly described as follows
To find the TRUE POINT OF BEGIN
NING. begin at the intersection of the
east right of way line or Bramblett
Road (60 foot right of way) with the
center line of Karr Way (gravel); run
thence along the center line of Karr
Way north 72 degrees 39 minutes 38
seconds east 52 37 feet to a point,
thence north 84 degrees 27 minutes 35
seconds east 89 30 feet to the TRUE
POINT OF BEGINNING; from said
TRUE POINT OF BEGINNING, run
thence along the center line north 84
degrees 27 minutes 36 seconds east
41 51 feet, north 71 degrees 41 min
utes 1 second east 36.29 feet; north 73
degrees 53 minutes 29 seconds east
28.09 feet, north 60 degrees 47 min
utes 39 seconds east 76 95 feet; and
north 52 degrees 42 minutes 0 sec
onds east 3 89 feet, thence leaving
said center line and running south 21
degrees 44 minutes 18 seconds east
372 96 feet, thence south 25 degrees
39 minutes 26 seconds east 112 26
feet, thence south 73 degrees 23 min
utes 09 seconds west 192 81 feet,
thence north 21 degrees 42 minutes 09
seconds west 473 19 feet to the TRUE
POINT OF BEGINNING
Also conveyed herein is a non-exclu
sive perpetual easement for ingress
and egress between the above
described property and Bramblett
Road over property described as fol
lows
Beginning at the southwest corner of
the above-described property; run
thence south 73 degrees 26 minutes
33 seconds west 291 76 feet to a point
on the easterly right-of-way of
Bramblett Road, thence north 15
degrees 01 minute 26 seconds west
along the easterly right-of-way of
Bramblett Road 20.01 feet; thence
leaving said right-of way- and running
north 73 degrees 23 minutes 42 sec
onds east 355 23 feet to a point,
thence south 21 degrees 42 minutes 9
seconds east 20.0 feet, more or less,
to the POINT OF BEGINNING
Also conveyed herewith is a 1999
Fleetwood Homes 32 X 60 manufac
tured home. Serial Number
GAFLXISA 70 1 2 1 -GDI 1
GAFLX7SB7OI2I-CDII, which is per
manently attached to and made a part
of the real property, together with all
fixtures and personal property attached
to and constituting a part of said prop
erty, and replacements and additions.
TOGETHER WITH all of the buildings,
building materials, fixtures and
improvements on, In and to the proper
ty and all easements, rights, rents, roy
alties. mineral, oil and gas rights, prof
its and water rights
The indebtedness secured by the
Security Deed has been and is hereby
declared due because of default under
the terms of said Note and Security
Deed The indebtedness remaining in
default, the sale will be made for the
purpose of applying the proceeds
thereof to the payment of the indebted
ness secured by the Security Deed,
accrued interest and expenses of the
sale, and all other payments provided
for under the Security Deed, Including
permitted attorneys' fees as provided in
the Note and Security Deed, notice of
intention to collect attorneys' fees and
expenses of the foreclosure having
been given as provided by law and as
provided by the terms of the Security
Deed; and the remainder, If any, shall
be applied as provided by law.
To the best knowledge and belief of the
undersigned. Robert Wallace and
Deanna Hendrix are In possession ol
said property. Said property will be
sold subject to any prior restrictive
covenants, easements, rights-of-way,
valid zoning ordinances, matters which
would be disclosed by an accurate sur
vey of the property or by an Inspection
of the property, and any Hens or
encumbrances superior to the Security
Deed first set out above, and subject to
all outstanding taxes, assessments,
and utility bills which may constitute a
lien against said property, whether due
and payable or not yet due and
payable
GREENPOINT CREDIT CORP., as
Attorney-In-Fact for ROBERT
WALLACE and DEANNA
HENDRIX
By: Thomas E. Austin, Jr.,
Attorney for Green Point Credit Corp.
Topping & Austin. LLC
2200 Century Parkway
Suite 980
Atlanta, Georgia 30345
(404) 728-0220
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L 152, 3/10,17, 24,31
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
FORSYTH COUNTY
By virtue of the power of sale con
tained in a Construction Deed to
Secure Debt and Security Agreement
from JOE EAGLE HOME. INC. to
Quantum National Bank, dated July 15.
2003, and recorded August 4, 2003. in
Deed Book 2933 at page 741, in the
Records of the Clerk of Superior Court,
Forsyth County. Georgia; there will be
offered for sale at public outcry to the
highest bidder for cash before the
Courthouse door of said County during
legal hours of sale on the first Tuesday
in April, 2004. the following described
property
ALL THAT TRACT or parcel of land
lying and being in Land Lot 260 of the
14th Land District, Ist Section. Forsyth
County. Georgia, being more particu
larly described as Tract 1, consisting of
0.70 acres, as shown on that certain
plat of survey for Chris Comer, pre
pared by Foster Surveying Inc.,
Georgia Registered Land Surveyor No
2695, dated March 17, 2003. and
recorded at Plat Book 74, Page 214,
Forsyth County. Georgia Records,
which plat is incorporated herein by
reference hereto
The aforesaid Deed secures any other
or future indebtedness of the Grantor
therein specified, including any renew
al thereof.
The indebtedness secured by said
Deed has been declared due and
payable by reason of default under the
provisions ol said deed and the terms
of the note or notes secured thereby,
and sale will be made tor the purpose
of applying the proceeds thereof
toward expenses of sale, payment of
the indebtedness and interest thereon,
and any balance remaining shall be
applied as provided by law
The property will be sold as the prop
erty of JOE EAGLE HOME. INC , who
to the best ot the undersigned's knowl
edge and belief, is the party in posses
sion of the property
Notice has been given of intention to
enforce provisions for collection of
attorneys' tees and expenses of fore
closure in accordance with legal
requirements and the terms of the
above note and deed
The property will be sold subject to any
and all unpaid taxes, assessments,
general subdivision restrictions, and
other restrictions and easements of
record, if any
QUANTUM NATIONAL BANK
Attorney in Fact tor Joe Eagle Home
Inc.
Andrew R. Mertz
WEBB. TANNER 4 POWELL. LLP
Attorney at Law
PO Box 1390
Lawrenceville. GA 30046-1390
(770) 963-3423
L 153, 3/10, 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
William L Adams, hereinafter referred
to as Grantor, to Resource Bancshares
Mortgage Group. Inc recorded in Deed
Book 1311. beginning at page 263. 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 undersigned
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, tor cash, to the highest bidder on
the first Tuesday in April, 2004. the
property which, as ol the time of the
execution of said security deed, was
described as set forth in the attached
Exhibit "A* Said sale will be made sub
ject to the following items which may
affect the title to said property: All
restrictive covenants, easements and
rights-of-way appearing of record, if
any, all zoning ordinances, matters
which would be disclosed by an accu
rate survey or by an inspection of the
property; all outstanding and/or unpaid
taxes which may be liens upon the
property, all outstanding or unpaid bills
and assessments for street improve
ments. curbing, garbage, water,
sewage and public utilities which may
be liens upon said property To the best
of the undersigned's knowledge and
belief, the party in possession of the
property is believed to be William Lee
Adams
Midflrst Bank
As Transferee and Assignee,
As attorney-in-fact for the aforesaid
Grantor
Raymond S. Martin
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta. Georgia 30328
(770) 392-0041
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT, AND ANY INFOR
MATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
Re William Lee Adams ■ Midland
Mortgage Co.
MO2-8695/ 48050078
EXHIBIT "A"
All that tract or parcel of land lying and
being in Land Lot 884 of the 2nd
District and Ist Section of Forsyth
County. Georgia, containing 0.383
acres according to plat of survey dated
October 23, 1967 for Curtis Barnes,
prepared by Thomas M. Patton,
Registered Land Surveyor No. 967,
and recorded In Plat Book 27, Page
189, Clerk's Office, Forsyth County
Superior Court. Sold plat Is Incorporat
ed Into this description by reference.
Being the same property conveyed by
corrective warranty deed dated
December 16, 1987 and recorded
December 17. 1987 In Deed Book 393,
Page 679, Forsyth County, Georgia
Records.
LI 54, 3/10,17, 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 Gary A. Clay and Anna
M. Clay to The Provident Bank D/B/A
The Provident Bank, Inc., dated July
14, 2003, and recorded In Deed Book
3069, Page 445, Forsyth County,
Georgia records, as last assigned to
Property Asset Management, Inc. 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 prin
cipal amount of $140,000.00. 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 April, 2004. to wit: April 6, 2004, the
following described property:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in the City of
Cumming in Land Lot 1271 of the 3rd
District and Ist Section of Forsyth
County, Georgia and being 802 acres
Identified on survey entitled "Survey for
Alan Reese and Janet Reese", Dated
August 9, 1995 and revised on
December 14. 1995 as prepared by
Peter J Pietraszuk, RLS N 0.2262 and
being more particularly described as
To find the true point of beginning,
commence at the intersection of
Tolbert Street (30 toot right of way) ans
West Maple Street running 366 7 feest
in a southerly direction along with the
westerly right of way of Tolbert Street,
running thence South 27 degrees 27
mintues 46 seconds East a distance of
84 01 feet to a point, which Point is the
True Point of Beginning
From said True Point of Beginning run
ning thence South 27 degrees 27 min
utes 46 seconds West a distance of
16 00 feet to a point, running thence
North 89 degrees 00 minutes 00 sec
onds West a distance of 453 61 feet to
a point; running thence North 34
degrees 27 minutes 05 seconds East a
distance ot 99 91 feet to a point; run
ning thence North 64 degrees 06 min
utes 21 seconds East a distance ot
52 32 feet to a point, running thence
North 39 degrees 55 minutes 49 sec
onds East a distance ot 41.74 feet to a
point, running thence north 87 degrees
54 minutes 58 seconds East a distance
of 37 19 feet to a point; running thence
North 56 degrees 10 minutes 37 sec
onds East a distance of 12 62 feet to a
point, running thence North 19 degrees
55 minutes 25 seconds East a distance
of 22 51 feet to a point, running thence
South 85 degrees 34 minutes 29 sec
onds East a distance of 101.30 feet to
a point, running thence South 01
degrees 00 minutes 48 seconds West a
distance of 74.46 feet to a point; run
ning thence South 27 degrees 27 min
utes 46 seconds West a distance of
88 83 feet to a point; running thence
South 89 degrees 00 minutes 28 sec
onds East a distance of 194 30 feet to
a point, running thence North 79
degrees 56 minutes 58 seconds East a
distance of 22 57 feet to a point, which
is the True Point of Beginning.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because ot. 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
remaining in default, this sale will be
made tor the purpose of paying the
same and all expenses of this sale, as
provided in the Deed to Secure Debt
and by law. including attorney's fees
(notice of intent to collect attorney's
fees having been given).
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property
known as 213 A Tolbert Street.
Cumming. GA 30040 is (are) Gary A
Clay and Anna M Clay or tenant or
tenants
Said property will be sold subject to (a)
any outstanding ad valorem taxes
(including taxes which are a hen. but
not yet due and payable), (b) any mat
ters which might be disclosed by an
accurate survey and inspection ot 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, encum
brances. zoning ordinances, ease
ments. restrictions, covenants, etc
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S Bankruptcy
Code. (2) O.CG.A Section 9-13-172 1.
and (3) final confirmation and audit of
the status of the loan with the holder of
the security deed
Pursuant to OCG.A Section 9-13-
172.1, which allows for certain proce
dures regarding the rescission of judi
cial aifd nonjudicial sales in the State
of Georgia, the Deed Under Power and
other foreclosure documents may not
be provided until final confirmation and
audit of the statu; of the loan as pro
vided in the preceding paragraph
Property Asset Management. Inc
as attorney in fact tor
Gary A. Clay
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
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE
L 156, 3/10,17, 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 A J. Mullinax. Jr. to
Nations Credit Financial Services
Corp ~ dated October 17, 1995, and
recorded in Deed Book 908, Page 385.
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 $167,776 08, with interest at
the rate specified therein, there will be
sold by the undersigned at public out
cry to the highest bidder for cash
before the Courthouse door of Forsyth
County. Georgia, within the legal hours
of sale on the flrat Tuesday in April,
2004, to wit: April 6, 2004, the follow
ing described property:
ALL THAT TRACT OR PARCEL OF
LAND lying and being In Land Lots 57
and 62 of the Fourteenth District and
First Section of Forsyth County,
Georgia, and being 2.14 acres as
shown on a plat entitled "A Plat of
Property for Betty Jean Shadburn*
dated November 13, 1980, as surveyed
by Cecil S. Mize, Registered Surveyor
No. 1593, which plat is Incorporated
herein by reference, and being more
fully described as follows:
BEGINNING at an Iron pin set on the
northeasterly right-of-way of Georgia
Highway 20 (100 foot right-of-way) in
Land Lot 57, said Iron pin set being
located North 45 degrees 47 minutes
34 seconds West 401.13 feet from the
end of Chattahoochee River Bridge;
thence North 27 degrees 55 minutes
51 seconds East 73.30 feet to an Iron
pin set in Land Lot 62; thence North 00
degrees 56 minutes 53 seconds West
81 68 feet to an iron pin set; thence
North 13 degrees 27 minutes 53 sec
onds West 62.19 feet to an iron pin set;
thence North 23 degrees 14 minutes
53 seconds West 71.24 feet to an iron
pin set in Land Lot 57; thence North 25
degrees 11 minutes 54 seconds West
71.57 feet to an iron pin set; thence
North 43 degrees 25 minutes 54 sec
onds West 186.0 feet to an iron pin set;
thence South 78 degrees 54 minutes
59 seconds West 95.54 feet to an iron
pin; thence South 87 degrees 13 min
utes 39 seconds West 53 78 feet to an
iron pin set; thence North 67 degrees
33 minutes 56 seconds West 130.42
feet to an iron pin set on the northeast
erly right-of-way of Georgia Highway
20. thence along and with said right-of
way the following courses and dis
tances; South 36 degrees 10 minutes
19 seconds East 165 46 feet. South 38
degrees 45 minutes 05 seconds East
89 83 feet. South 41 degrees 00 min
utes 53 seconds East 108.02 feet,
South 42 degrees 42 minutes 07 sec
onds East 110.97 teet, South 43
degrees 06 minutes 43 seconds East
85 64 feet, and South 47 degrees 09
minutes 18 seconds East 105.59 feet
to an iron pin set thereon, which is the
Point ot 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
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 Deed to Secure Debt
and by law. Including attorney's fees
(notice of intent to collect attorney's
fees having been given).
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property
known as 3347 Buford Highway,
Cumming, GA 30041 is (are): A J.
Mullinax, Jr. or tenant or tenants.
Said property will be sold subject to (a)
any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) any mat
ters 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, encum
brances, zoning ordinances, ease
ments. restrictions, covenants, etc.
The sale will be conducted subject to
(1) confirmation that the sale is not
prohibited under the U.S Bankruptcy
Code; (2) O C.G A Section 9-13-172.1;
and (3) final confirmation and audit of
the status of the loan with the holder of
the security deed
Pursuant to O.CG.A Section 9-13-
172.1. which allows for certain proce
dures regarding the rescission of judi
cial and nonjudicial sales in tho State
of Georgia, the Deed Under Power and
other foreclosure documents may not
be provided until final confirmation and
audit of the status of the loan as pro
vided in the preceding paragraph.
The Bank of New York, acting solely in
its capacity as Trustee for EQCC Trust
2001-2
as attorney in fact tor
A J Mullinax. Jr.
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
COLLECT A DEBT. ANY INFORMA
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L 157, 3/10,17, 24,31
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Because of a default in the payment of
the indebtedness secured by that cer
tain Security Deed, dated August 22.
2001. executed by PAUL B SCHLAKE
and MARTHA E SCHLAKE to
SOUTHTRUST MORTGAGE CORPO
RATION DBA EQUIBANC MORTGAGE
CORPORATION, recorded in Deed
Book 2033. Page 783, Forsyth County.
Georgia Deed Records, and securing
an Note in the original principal amount
of $168,150.00, the current holder
thereof, has declared the entire
amount of said indebtedness evi
denced by the Note immediately due
and payable and. pursuant to the
power of sale contained in said
Security Deed, will, on the first
Tuesday in April, 2004. to-wit: April 6.
2004. during the legal hours of sale,
before the Forsyth County Courthouse
door, sell at public outcry to the highest
bidder tor cash, the following described
real property:
All that tract or parcel ot land lying and
being in Land Lot 359 of the 3rd
District, Ist Section. Forsyth County,
Georgia, and being Lot 25. Phase I of
The Preserve at Etowah Subdivision,
as shown and designated on a plat
thereof recorded at Plat Book 65,
Pages 67-74, in the Clerk's Office tor
the Superior Court of Forsyth County,
Georgia to which plat reference is
hereby made for a more complete and
accurate description as to the metes,
bounds and location of said property.
The aforedescrlbed real property is
known as 8720 Waterside Drive,
Ballground. Georgia, according to the
present system of numbering houses
In Forsyth County, Georgia
This 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 as to the amount and status of
the loan with the holder of the Security
Deed, including but not limited to a
determination that the borrower has
not reinstated the loan prior to the fore
closure sale
Said real property will be sold subject
to any outstanding ad valorem taxes
See LECALS, Page 7B