Newspaper Page Text
PAGE 6B
FORSYTH COUNTY NEWS—Wednesday, March 24, 2004
LEGALS from Page SB
To the best of the undersigned's
knowledge and belief, the property is
in the possession of Noah Enterprises.
Inc and said property will be sold as
the property of Noah Enterprises. Inc.
subject to outstanding 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 security
deed.
The Community Bank, as attorney in
fact: Donald W. Osborne, 310 N. Broad
Street. Monroe. Georgia 30655. (404)
667-1222.
L 145 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 Ryan L
Buffington to Mortgage Electronic
Registration Systems. Inc. dated the
sth day of May. 2003. and recorded in
Deed Book 2774. Page 156,
FORSYTH County Georgia Records;
the undersigned. Mortgage Electronic
Registration Systems. 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 contained 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 pub
lic outcry to the highest bidder for
cash, the property described in said
deed to-wit:
FOR LEGAL DESCRIPTION SEE
EXHIBIT ‘A" ATTACHED
which has the property address of
3721 Hutchinson Trace Drive.
Cumming GA together with all fix
tures and other personal property con
veyed by said deed
The sale will be held subject to any
unpaid taxes, assessments, rights-of
way. easements, protective covenants
or restrictions, hens, and other superi
or matters of record which may affect
said property
The sale will be conducted subject (1)
Io 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 tne 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 Ryan L. Buffington 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
Mortgage Electronic Registration
Systems. Inc
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 for a more
complete 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 indebted
ness due and payable and pursuant to
the power of sale contained 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 outcry to the
highest bidder for cash, the property
described m 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 sa'd deed
The sale will be held subject to any
unpaid taxes, assessments rights-of
way. easements, protective covenants
or restrictions hens, and other superi
or 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 US 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 for
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,
prepared 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 run
ning 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 under
signed, 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 contained 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 pub
lic outcry to the highest bidder for
cash, the property described in said
deed to-wit:
FOR LEGAL DESCRIPTION SEE
EXHIBIT -A" ATTACHED
which has the property address of
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 superi
or 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 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. LLC
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 Eiho-Hatt Road) an 80-foot
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 sec
onds East 73 57 feet. Spitj 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 min
utes 00 seconds East 101 80 feet,
south 46 degrees 34 minutes 00 sec
onds East 101 50 feet, South 49
degrees 10 minutes 00 seconds East
110 40 feet, south 53 degrees 45 min
utes 16 seconds 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 seconds West 19 63
feet, thence North 40 degrees 29 min
utes 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 sec
onds west 99 77 feet; thence North 20
degrees 36 minutes 21 seconds west
15 43 feet; thence North 08 degrees
38 minutes 17 second West 176 58
feet; thence North 10 degrees 45 min
utes 00 seconds East 120 36 feet to
an iron pin 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 accor
dance 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 record
ed in Plat Book 9. Page 304, Clerk's
Office Forsyth County Superior Court,
which plat and record thereof are
incorporated herein for a more particu
lar 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 dis
tance of 1401 74 feet to an iron pin set
at the point where Setten Down Creek
commences, 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 pin still following the meandenngs
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 of 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
advertising costs and attorney s fees
The Property will be sold subject to
any outstanding ad valorem taxes,
special assessments, and unpaid utili
ty bills constituting liens against it, as
well as to all security deeds, hens and
encumbrances in existence at the time
the Security Deed was filed for record
To the best of the undersigned s
knowledge information and belief,
equitable title to the Property is cur
rently held by Grantor
Douglas H Huff Attorney-in-Fact for
Tom Roucek
Larry C Oldham
Attorney at Law
416 Pirkle Ferry Road
Suite K-500
Cumming Georgia 30040
Llsl, 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 GreenPomt Credit
Corp dated June 22. 1999 filed for
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 con
tained in the Security Deed, there will
be sold by the undersigned at public
outcry to the highest and best bidder
for cash before the Courthouse door
on the courthouse 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 of Forsyth
County. Georgia, being 2.00 acres, as
shown on a survey for Deanna
Hendrix, prepared by Richard Webb 8
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 loot 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
minutes 1 second east 36.29 feet;
north 73 degrees 53 minutes 29 sec
onds east 28 09 feet, north 60 degrees
47 minutes 39 seconds east 76,95
feet; and north 52 degrees 42 minutes
0 seconds east 3 89 feet; thence leav
ing 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 minutes 09 seconds west 192 81
feet; thence north 21 degrees 42 min
utes 09 seconds west 473 19 feet to
the TRUE POINT OF BEGINNING
Also conveyed herein is a non-exclu
sive perpetual easement tor 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
GAFLXISA7OI2I-CDII
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 property, 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
royalties, mineral, oil and gas rights,
profits 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 indebt
edness secured by the Security Deed,
accrued interest and expenses of the
sale, and all other payments provided
tor 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 hav
ing 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 of
said property Said property will be
sold subject to any prior restrictive
covenants, easements, rights-ot-way.
valid zoning ordinances matters which
would be disclosed by an accurate
survey of the property or by an inspec
tion 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
particularly described as Tract 1, con
sisting of 0 70 acres, as shown on that
certain plat of survey for Chris Comer,
prepared 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 of said deed and the terms
of the note or notes secured thereby,
and sale will be made for 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 of 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 fees 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, assess
ments, general subdivision restric
tions. and other restrictions and ease
ments of record, it any.
QUANTUM NATIONAL BANK
Attorney in Fact for Joe Eagle Home.
Inc.
Andrew R Mertz
WEBB. TANNER & 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, begin
ning 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 attor
ney-in-fact) is the present holder of
said security deed and note secured
thereby) will sell before the door of the
courthouse in said county within the
legal hours of sale, for cash, to the
highest bidder on the first Tuesday in
April, 2004. the property which, as of
the time of the execution of said secu
rity deed was described as set forth in
the attached Exhibit “A”. Said sale will
be made subject to the following items
which may affect the title to said prop
erty: All restrictive covenants, ease
ments and rights-of-way appearing of
record, if any; all zoning ordinances
matters which would be disclosed by
an accurate survey or by an inspection
of the property: all outstanding and/or
unpaid taxes which may be liens upon
the property, all outstanding or unpaid
bills and assessments for street
improvements, 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 pos
session of the property is believed to
be William Lee Adams
Midtirst 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
Ail 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. 1987 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 Said 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
L 154. 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 tor 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 m the original
principal amount of $167.776 08. 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 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 sur
veyed by Cecil S Mize. Registered
Surveyor No 1593 which plat is incor
porated 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 seconds 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 sec
onds West 71 57 teet to an iron pin
set thence North 43 degrees 25 min
utes 54 seconds 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 minutes 39 seconds West
53 78 feet to an iron pin set. thence
North 67 degrees 33 minutes 56 sec
onds West 130 42 feet to an iron pin
set on the northeasterly right-of-way of
Georgia Highway 20. thence along and
with said right-ol way the following
courses and distances; South 36
degrees 10 minutes 19 seconds East
165.46 feet. South 38 degrees 45 min
utes 05 seconds East 89.83 feet.
South 41 degrees 00 minutes 53 sec-
onds East 108 02 feet, South 42
degrees 42 minutes 07 seconds East
110 97 teet. South 43 degrees 06 min
utes 43 seconds East 85 64 feet, and •
South 47 degrees 09 minutes 18 sec
onds East 105 59 feet to an Iron pin
set thereon, which is the Point of
Beginning.
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among other
possible events of default, failure to
pay the indebtedness as and when
due and in the manner provided in the
Note and Deed to Secure Debt. The
debt 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 C G A Section 9-13-
172 1. which allows for certain proce
dures regarding the rescission of judi
cial and 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 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 for
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 Forsylh County Courthouse
door, sell at public outcry to the high
est bidder for cash, the following
described real property
All that tract or parcel of 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 for
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 aforedes'cribed 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 fmal 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
foreclosure sale
Said real property will be sold subject
to any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet 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 real property any assessments,
liens, encumbrances, zoning ordi
nances restrictions, covenants and
matters of record superior to the
Security Deed first set out above
Upon information and belief, said real
property is presently in the possession
or control of Paul B Schlake and
Martha E Schlake and the proceeds of
said sale will be applied to the pay
ment of said indebtedness and all the
expenses of said sale, including attor
ney's fees, all as provided in said
Security Deed and the excess pro
ceeds. if any. will be distributed as
provided by law
SOUTHTRUST MORTGAGE CORPO
RATION
as Attorney-in-Fact for
PAUL B SCHLAKE and MARTHA E
SCHLAKE
David W Adams. Esquire
Ellis. Painter. Ratterree S Adams LLP
2 East Bryan Street. Suite 1001
Savannah. Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT ON BEHALF OF
THE ABOVE-REFERENCED LENDER
AND ANY INFORMATION WILL BE
USED FOR THAT PURPOSE
Ll5B, 3/10, 17,24,31
NOTICE OF SALE UNDER POWER
GEORGIA. FORSYTH COUNTY
By virtue of a Power of Sale contained
in that certain Security Deed from
See LEGALS, Page 7B