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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