Newspaper Page Text
PAGE 4B
LEGALS from Page 3B
assessments, liens, encumbrances, zon¬
ing ordinances, easements, restrictions,
covenants, etc.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit¬
ed under the U S. Bankruptcy Code; and
(2) final confirmation and audit of the
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 judicial
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 provided in
the preceding paragraph. LLC
CHASE HOME FINANCE,
as Trustee Attorney in Fact for
ANDREW LIVINGSTON.
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL¬
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
20080161903660
BARRETT. DAFFIN & FRAPPIER. L.L.P.
4004 Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972)341-5398
Lender Contact:
Attn: Loss Mitigation FINANCE, LLC, SUC¬
CHASE HOME
CESSOR BY MERGER TO CHASE
MANHATTAN MORTGAGE CORPORA¬
TION
10790 RANCHO BERNARDO ROAD
SAN DIEGO, CA 92127
Telephone: 877-838-1882
L584 5/7,14,21,28
ADNUM: L585
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
FORSYTH COUNTY
By virtue of a power of sale contained in
a certain security deed from 1675
Peachtree Parkway. LLC to Lindley
Development, LLC dated April 20, 2007
and recorded in Deed Book 4720, page
549, Forsyth County records deed
records, given to secure a note in the
original amount of One Hundred Fifty
Thousand Dollars ($150,000) with inter¬
est on the unpaid balance until paid, the
following described property will be sold
at public outcry to the highest bidder for
cash at the courthouse door of Forsyth
County, Georgia, within the legal hours
of sale on the first Tuesday in June,
2008:
All that tract or parcel of land lying and
being in Land Lot 809 of the 2nd District,
1st Section, Forsyth County, Georgia,
containing 2.200 acres according to
rezoning plat for Damien Kline, dated
May 12, 2006, prepared by Richard
Webb & Associates, and bearing the
seal of Richard J. Webb, Georgia
Registered Land Surveyor No. 2507,
which plat is incorporated herein by ref¬
erence and which more particularly
describes the property as follows:
To find the true point of beginning, com¬
mence at the intersection of the southern
boundary line of Land Lot 809 with the
eastern 141 right of way of Georgia foot Highway right of
(said road having a 100
way) and proceed northerly along said
right of way 290.00 feet to a point begin
the TRUE POINT OF BEGINNING; from
said TRUE POINT OF BEGINNING
and continuing along said right of way
North 21 degrees 47 minutes and 59
seconds East 19.68 feet; thence North
18 degrees 33 minutes 00 seconds East
56.94 feet; thence North 17 degrees 48
minutes 25 seconds East 72.85 feet;
thence North 15 degrees 21 minutes 25
seconds East 68.08 feet to an iron pin;
thence leaving said right of way South 89
degrees 12 minutes 00 seconds East
416.20 feet a ( inch pipe; thence South
00 degrees 07 minutes 53 seconds East
208.11 feet to a (inch pipe; thence North
89 degrees 12 minutes 28 seconds West
506.20 feet to a point of beginning.
The debt secured by the above refer¬
enced security deed has been declared
due because of the default in the pay¬
ment of said debt per the terms of the
note and other possible defaults by the
borrower or the successor thereto. The
debt remaining in default, this sale will be
made for the purpose of paying the debt
and all expenses of this sale including
attorneys fees (notice of intent to collect
attorney(s fees having been given).
Said sale will be made subject to the fol¬
lowing 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
the accurate survey or by an inspection of
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; a security deed to
Patriot Bank of Georgia dated December
22, 2006, and recorded at Deed Book
4574, Page 400, Forsyth County,
Georgia records; and any outstanding
taxes, assessments and other liens
superior to the security deed being fore¬
closed hereby. To the best knowledge
and belief of the undersigned, the above
described property is in the possession
of the borrower and/or other persons
with the consent and acquiescence of
the borrower.
This sale will be conducted subject (1) to
confirmation that the sale is not prohibit¬
ed under the U.S. Bankruptcy Code, and
(2) to final confirmation and audit of the
status of the loan with the holder of the
security deed.
Lindley Development, LLC as Attorney in
fact for
1675 Peachtree Parkway, LLC
James P. Blum, Jr.
Beloin, Brown, Blum & Baer, LLC
2550 Heritage Court
Suite 200
Atlanta, GA 30339
770-850-1900
THIS COMMUNICATION IS FROM A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L585 5/7,14,21,28
ADNUM: L586
Notice of Sale Under Power
Georgia, Forsyth County
Under and by virtue of the Power of Sale
contained in that certain Deed to Secure
Debt given by Swiss Air Partners, LLC
(the "Borrower") to RBC Real Estate
Finance, Inc., successor in interest to
RBC Bank (USA) f/k/a RBC Centura
Bank, successor by merger to Flag
Bank, dated August 15, 2006 and
recorded August 22, 2006 in Book 4413,
Page 239, Forsyth County, Georgia
records (the "Security Deed"), conveying
the property described below to secure
repayment of a Construction Loan Note
dated August 15, 2006 in the stated prin¬
cipal amount of $4,717,500.00, with
interest thereon as set forth therein (the
"Note"), there will be sold at public outcry
to the hiahest bidder for cash before the
Courthouse door of Forsyth County,
Georgia, within the legal hours of sale on
the first Tuesday in June, 2008 (being
June 3, 2008) the following described
parcel of real property together with all
improvements, hereditaments, rights, fixtures, members, easements,
tenances, and personalty appur¬
located there¬
on and described in the Security Deed:
ALL THAT CERTAIN TRACT OR PAREL
OF LAND LYINGAND BEING IN LAND
LOTS 923, 924, 955, 956, 957, 1002,
1003, AND 1004 OF THE 14TH DIS¬
TRICT 1ST SECTION OF FORSYTH
COUNTY, GEORGIA AND BEING
MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGIN AT THE SOUTH
WESTERN CORNER OF LAND LOT
955, LAND LOT CORNER COMMON TO
LAND LOTS 954, 926, AND 925, SAID
POINT IS THE TRUE POINT OF BEGIN¬
NING:
THENCE NORTH 03 0 24'54" EAST A
DISTANCE OF 1355.88 TO A POINT;
THENCE NORTH 88 1 43'20“ WEST A
DISTANCE OF 647.24 TO A POINT;
THENCE NORTH 01 ° 15'32" EAST A
DISTANCE OF 549.53 TO A POINT;
THENCE SOUTH 88 ° 51'11" EAST A
DISTANCE OF 999.24 TO A POINT;
THENCE NORTH 01 ° 18'21" EAST A
V
FORSYTH COUNTY NEWS —Wednesday, May 28,2008
DISTANCE OF 449.33 TO A POINT;
THENCE NORTH 88 ° 38'05" WEST A
DISTANCE OF 349.65 TO A POINT;
THENCE NORTH 62 ° 45'33" WEST A
DISTANCE OF 809.92 TO A POINT;
THENCE NORTH 70 ° 43'21" EAST A
DISTANCE OF 133.97 TO A POINT;
THENCE NORTH 70 “ 32'12" EAST A
DISTANCE OF 281.76 TO A POINT;
THENCE NORTH 70 ° 20'22" EAST A
DISTANCE OF 234.03 TO A POINT;
THENCE NORTH 70 ° 24'43" EAST A
DISTANCE OF 153.27 TO A POINT;
THENCE NORTH 72 “ 02'26" EAST A
DISTANCE OF 102.23 TO A POINT;
THENCE NORTH 76 ° 37'26" EAST A
DISTANCE OF 128.11 TO A POINT;
THENCE NORTH 81 ° 03'30" EAST A
DISTANCE OF 64.60 TO A POINT;
THENCE NORTH 84 ° 13'58" EAST A
DISTANCE OF 103.04 TO A POINT:
THENCE NORTH 86 ° 37'50" EAST A
DISTANCE OF 111.87 TO A POINT;
THENCE NORTH 88 ° 15’20" EAST A
DISTANCE OF 153.52 TO A POINT;
THENCE NORTH 88 ° 35'04" EAST A
DISTANCE OF 181.64 TO A POINT:
THENCE NORTH 88 ” 3V29’ EAST A
DISTANCE OF 107.18 TO A POINT;
THENCE NORTH 88 ° 53 31" EAST A
DISTANCE OF 129.39 TO A POINT;
THENCE NORTH 88 » 37'42" EAST A
DISTANCE OF 509.49 TO A POINT;
THENCE NORTH 87 ° 11'09''EASTA
DISTANCE OF 81.92 TO A POINT;
THENCE SOUTH 18 “ 47'33“ WEST A
DISTANCE OF 370.00 TO A POINT;
THENCE SOUTH 34 ° 03'31“ WEST A
DISTANCE OF 500.00 TO A POINT;
THENCE SOUTH 04 - 15T4” WEST A
DISTANCE OF 430.00 TO A POINT;
THENCE SOUTH 51 ° 48'24” WEST A
DISTANCE OF 485.00 TO A POINT;
THENCE SOUTH 25 ° 1642” WEST A
DISTANCE OF 768.92 TO A POINT;
THENCE SOUTH 58 ° 02'14" EAST A
DISTANCE OF 346.56 TO A POINT;
THENCE NORTH 81 ° 39'58" EAST A
DISTANCE OF 329.63 TO A POINT;
THENCE SOUTH 15 ” 21'13" EAST A
DISTANCE OF 856.14 TO A POINT;
THENCE NORTH 88 ° 39'19" WEST A
DISTANCE OF 202.22 TO A POINT;
THENCE NORTH 88 ° 34'50" WEST A
DISTANCE OF 1309.37 TO A POINT; TO
THE POINT OF BEGINNING; CONTAIN¬
ING 95.096 ACRES OR 4142397.40
SQUARE FEET MORE OR The above
described property is improved property
located in Land Lots 923, 924, 955, 956,
1002, 1003, and 1004 of the 14th District
in Forsyth County, Georgia
The debt secured by the Security Deed
has been and is hereby accelerated and
declared due because of, among other
possible events of default, failure to pay
the indebtedness as and when due and
in the manner provided in the Note and
Security Deed. The debt remaining in
default, the sale will be made for purpos¬
es of paying the same and all expenses
of this sale, as provided in the Security
Deed and by law, including attorney's
fees (written notice of intent to collect
attorney's fees having been given).
Said property will be sold subject to any
outstanding ad valorem taxes (including
taxes which are a lien, but not yet due
and payable), any matters which might
be disclosed by an accurate survey and
inspection of the property, any assess¬
ments, liens, encumbrances, zoning ordi¬
nances, restrictions, covenants and mat¬
ters of record superior to the Security
Deed.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is the Borrower or a tenant
or RBC tenants claiming Estate Finance, through it.
Real Inc., succes¬
sor in interest to RBC Bank (USA) f/k/a
RBC Centura Bank, successor by merg¬
er to Flag Bank, as Attorney-in-Fact and
Agent for Swiss Air Partners, LLC
John Michael Kearns, Esq.
Burr & Forman LLP
Suite 1100, 171 Seventeenth Street,
N.W.
Atlanta, Georgia 30363
Email: jkearns@burr.com
Phone: (404) 815-3000
Fax: (404)214-7935
BF File No. 17392-72
THE LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL¬
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L586 5/7,14,21,28
ADNUM: L587
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
Frieda Hudson, hereinafter referred to as
Grantor, to Argent Mortgage Company,
LLC recorded in Deed Book 3167, begin¬
ning at page 413, 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, for
cash, to the highest bidder on the first
Tuesday in June, 2008, the property
which, as of the time of the execution of
said security 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
property: All restrictive covenants, ease¬
ments and rights-of-way appearing of
record, if any; all zoning ordinances; mat¬
ters which would be disclosed by an
the accurate survey or by an inspection of
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 Frieda Hudson or ten¬
ants).
Deutsche Bank National Trust Company,
as Trustee, in trust for the registered
holders of Argent Securities Inc., Asset
Backed PAss-Through Certificates,
Series 2004-W1,
As Transferee and Assignee,
As attorney-in-fact for the aforesaid
Grantor
J. Michael Campbell
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
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
AMC/Frieda Hudson /04-44082F7
EXHIBIT "A"
All that tract or parcel of Land Lying and
being in Land Lot 928 of the 2nd District,
1st section, Forsyth County, Georg la.
being Lot 9 Summerwind, Phase 1 (I It i
Windmere, Phase 1), as per plat thereof
recorded in Plat Book 54, Page 148-153,
Forsyth County, Georgia Records, which
plat is incorporated herein by reference
and made a part hereof.
L587 5/7,14,21,28
ADNUM: L588
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 Youn
Suk Shin, hereinafter referred to as
Grantor, to Mortgage Electronic
Registration Encore Credit Systems, Inc as nominee for
Corp. recorded in Deed
Book 3823, beginning at page 464, 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, for cash, to the high¬
est bidder on the first Tuesday in June,
2008, the property which, as of the time
of the execution of said security 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 proper¬
ty; All restrictive covenants, easements
and rights-of-way appearing of record, if
any; all zoning ordinances: matters which
would be disclosed by an accurate sur¬
vey all or by an inspection of the property;
which outstanding and/or unpaid taxes
may be liens upon the property; all
outstanding or unpaid bills and assess¬
ments for street improvements, curbing,
garbage, water, sewage and public utili¬
ties which may be liens upon said prop¬
erty. To the best of the undersigned's
knowledge session and belief, the party in pos¬
of the property is believed to be
Youn Suk Shin or tenant(s).
The Bank of New York as Trustee for
Equity One ABS, Inc. Mortgage/pass
through Certificate series # 2005-5,
As Transferee and Assignee,
As attorney-in-fact for the aforesaid
Grantor
J. Michael Campbell
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
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Popular/Youn Suk Shin/08-54163
EXHIBIT “A"
All that tract or parcel of land lying and
being in Land Lot 1096 of the 2nd
District, 1st Section, Forsyth County,
Georgia, Being Lot 83 of Caney Creek,
Phase Two, as per plat recorded in Plat
Book 77, Pages 227-230, Forsyth
County records, which plat is incorporat¬
ed herein by reference and made a part
hereof, being improved property known
as 3210 Caney Creek Land according
the present system of numbering houses
in Forsyth County, Georgia.
3210 Caney Creek Lane
Cumming. GA 30041
L588 5/7,14, 21,28
ADNUM: L589
NOTICE OF SALE UNDER
POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the Power of Sale
contained in that certain Security Deed
from Joel Paredes to Phoenix Global
Mortgage Corporation dated July 10,
2002, recorded in Deed Book 2364,
Page 530, in the offices of the Clerk of
the Superior Court of Forsyth County,
Georgia (the "Security Deed"), and
assigned by virtue to of United Assignment Americas dated Bank, July N.A. 10,
2002, recorded in Deed Book 2364,
page 547, aforesaid records, the under¬
signed will sell at public outcry before the
doors of the Courthouse of Forsyth
County, Georgia, during the legal hours
of sale, on the first Tuesday in June 2008
to the highest and best bidder for cash
the following described real property, to
wit:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND LOT
991 OF THE 3rd DISTRICT, 1st SEC¬
TION, FORSYTH COUNTY, GEORGIA,
BEING LOT 11. DYER FARMS AT
PHOENIX HEIGHTS SUBDIVISION,
PHASE TWO, AS PER PLAT RECORD¬
ED IN PLAT BOOK 35, PAGE 28,
FORSYTH COUNTY RECORDS, SAID
PLAT BEING INCORPORATED HEREIN
BY REFERENCE THERETO
The debt secured by the Security Deed
is evidenced by a Balloon Note dated
July 10, 2002 executed by Joel Paredes
in favor of Phoenix Global Mortgage
Corporation in the original principal
amount of $149,200.00 (as modified
and/or amended from time to time, the
"Note"), plus interest from date on the
unpaid balance until paid, and other
indebtedness. United Americas Bank,
N.A. is the present owner and holder of
the Note and Security Deed. Default has
occurred and continues under the terms
of the Note and Security Deed by reason
of, among other possible events of
default, the nonpayment when due of the
indebtedness evidenced by the Note and
secured by the Security Deed and the
failure to comply with the terms and con¬
ditions of the Note and Security Deed.
By reason of this default, the Security
Deed has been declared foreclosable
according to its terms.
The debt remaining in default, this sale
will be made for the purpose of paying
the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorneys’ fees, notice of
intent to collect attorneys' fees having
been given. Said property will be sold
subject to any outstanding ad valorem
taxes and/or assessments (including
taxes which are a lien but are not yet due
and payable), possible redemptive rights
of the Internal Revenue Service, if any,
any matters which might be disclosed by
an accurate survey and inspection of the
property, and any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibit¬
ed under the U.S. Bankruptcy Code and
(2) to final audit and confirmation of the
status of the loan with the holder of the
Security Deed.
To the best of the undersigned's knowl¬
edge and belief, the real property is
presently owned by Joel Paredes. To the
best of the undersigned's knowledge and
belief, the party in possession of the real
property is Joel Paredes and tenants
holding under Joel Paredes.
United Americas Bank, N.A., successor
in interest to Phoenix Global Mortgage
Corporation, as Attorney-in-Fact for Joel
Paredes.
Michael R. Wing
Greenberg Traurig, LLP
The Forum
3290 Northside Parkway, N.W., Suite 400
Atlanta, Georgia 30327
(678) 553-2100
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT, AND ANY INFOR¬
MATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
L589 5/7,14,21,28.
ADNUM: L590
NOTICE OF SALE UNDER
POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale
contained in that certain Deed to Secure
Debt and Security Agreement from
Sweetwater Residential, Inc. to Integrity
Bank, dated March 30, 2007 and record¬
ed in Deed Book 4691, page 154 in the
Office of the Clerk of the Superior Court
of Forsyth County, Georgia (as modified
and/or amended from time to time, the
"Security Deed"), the undersigned will
sell at public outcry before the door of
the Courthouse during the of legal Forsyth of County,
Georgia hours sale on
the first Tuesday in June 2008 to the
highest described and best real bidder for cash the fol¬
lowing TRACT property, OR PARCEL to wit: OF
ALL THAT
LAND LYING AND BEING IN LAND
LOTS 11, 12, 13 OF THE 14TH DIS¬
TRICT AND 1ST SECTION OF
FORSYTH COUNTY, GEORGIA, AND
LAND LOTS 397 AND 468 OF THE 3RD
DISTRICT AND 1ST SECTION OF
FORSYTH COUNTY, GEORGIA, AND
BEING LOTS 1,2, 3, 4, 5, 6, 7, 8, 15, 16,
17, 18, 24, 25, 26, 27, 28, 29, 32, 33, 77,
78, 81, AND 82 OF ORCHARD LAKES
SUBDIVISION AS SHOWN ON A PLAT
OF SAID SUBDIVISION RECORDED IN
PLAT BOOK 99, PAGE 244, CLERK’S
OFFICE, FORSYTH SUPERIOR
COURT, WHICH PLAT IS INCORPO¬
RATED HEREIN AND BY THIS REFER¬
ENCE MADE A PART HEREOF.
The debt secured by the Security Deed
is evidenced by a Promissory Note dated
March 30, 2007 executed by Sweetwater
Residential, Inc. in favor of Integrity Bank
in the original principal amount of
$5,190,750.00 (as modified and/or
amended from time to time, the “Note”),
plus interest from date on the unpaid bal¬
ance until paid, and other indebtedness.
Default has occurred and continues
under the terms of the Note and Security
Deed by reason of, among other possible
events of default, the nonpayment when
due of the indebtedness evidenced by
the Note and secured by the Security
Deed and the failure to comply with the
terms and conditions of the Note and
Security Deed. By reason of this default,
the Security Deed has been declared
foreclosable according to its terms.
The debt remaining in default, this sale
will be made for the purpose of paying
the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorneys' fees, notice of
intent to collect attorneys' fees having
been given. Said property will be sold
subject to any outstanding ad valorem
taxes and/or assessments (including
taxes which are a lien but are not yet due
and payable), Internal possible redemptive rights
of the Revenue Service, if any,
any matters which might be disclosed by
an accurate survey and inspection of the
property, and any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit¬
ed under the U.S Bankruptcy Code and
(2) final audit and confirmation of the sta¬
tus of the loan with the holder of the
Security Deed.
To the best of the undersigned's knowl¬
edge and belief, the real property is
presently owned by Sweetwater
Residential, Inc. To the best of the
undersigned's knowledge and belief, the
party in possession of the real property
is Sweetwater Residential, Inc. and ten¬
ants Residential, holding under Sweetwater
Inc.
Integrity Bank, as Attorney-in-Fact for
Sweetwater Residential, Inc.
Michael R. Wing
Greenberg Traurig, LLP
The Forum
3290 Northside Parkway, N.W., Suite 400
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT, AND ANY INFOR¬
MATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
L590 5/7,14, 21,28
ADNUM: L591
NOTICE OF SALE UNDER
POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale
contained in that certain Georgia
Security Deed and Security Agreement
from Trilogy Builders Group Inc. to
Branch Banking and Trust Company,
dated January 9, 2007 and recorded in
Deed Book 4602, page 199 in the Office
of the Clerk of the Superior Court of
Forsyth County, Georgia (as modified
and/or amended from time to time, the
"Security Deed"), the undersigned will
sell at public outcry before the door of
the Courthouse of Forsyth County,
the Georgia first during Tuesday the in legal June hours-of 2008 sale to the on
highest and best bidder for cash the fol¬
lowing described real property, to wit:
All that tract or parcel of land lying and
being District in and Land 1st Lot Section 1075 of of the Forsyth 2nd
County, Georgia, and being Lot 9,
Southers Plantation as per plat recorded
in County, Plat Book Georgia 89, Pages 146-150, Forsyth
records, said plat being
incorporated herein by this reference and
made a part hereof.
The debt secured by the Security Deed
is evidenced by a Promissory Note dated
January 9, 2007 executed by Trilogy
Builders Group Inc. to the order of
Branch Banking and Trust Company in
the original principal amount of
$125,558.75 (as modified and/or amend¬
ed from time to time, the "Note"), plus
interest from date on the unpaid balance
until paid, and other indebtedness.
Default has occurred and continues
under the terms of the Note and Security
Deed by reason of, among other possible
events of default, the nonpayment when
due of the indebtedness evidenced by
the Note and secured by the Security
Deed and the failure to comply with the
terms and conditions of the Note and
Security Security Deed. By reason of this default,
the Deed has been declared
foreclosable according to its terms.
The debt remaining in default, this sale
will be made for the purpose of paying
the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorneys' fees, notice of
intent to collect attorneys' fees having
been given. Said property will be sold
subject to any outstanding ad valorem
taxes and/or assessments (including
taxes which are a lien but are not yet due
and payable), possible redemptive rights
of the Internal Revenue Service, if any,
any matters which might be disclosed by
an accurate survey and inspection of the
property, and any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit¬
ed under the U.S. Bankruptcy Code and
(2) final audit and confirmation of the sta¬
tus of the loan with the holder of the
Security Deed.
To the best of the undersigned’s knowl¬
edge and belief, the real property is
presently owned by Trilogy Builders
Group Inc. To the best of the under¬
signed's knowledge and belief, the party
in possession of the real property is
Trilogy Builders Group Inc. and tenants
holding under Trilogy Builders Group Inc.
Branch Banking and Trust Company, as
Attorney-in-Fact for Trilogy Builders
Group Inc.
Michael R. Wing
Greenberg Traurig. LLP
The Forum
3290 Northside Parkway, N.W., Suite 400
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT, AND ANY INFOR¬
MATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
L591 5/7,14,21,28
ADNUM: L592
NOTICE OF SALE UNDER
POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale
contained in that certain Georgia
Security Deed and Security Agreement
from Trilogy Builders Group Inc. to
Branch Banking and Trust Company,
dated January 9, 2007 and recorded in
Deed Book 4602, page 191 in the Office
of the Clerk of the Superior Court of
Forsyth County, Georgia (as modified
and/or amended from time to time, the
"Security Deed”), the undersigned will
sell at public outcry before the door of
the Courthouse of Forsyth County,
Georgia during the legal hours of sale on
the first Tuesday in June 2008 to the
highest and best bidder for cash the fol¬
lowing described real property, to wit:
All that tract or parcel of land lying and
being in Land Lot 1292 of the 3rd District
and 1st Section of Forsyth County,
Georgia, and being Lot 239, Preserve at
Fieldstone, Phase II, Unit 1, as per plat
recorded in Plat Book 101, Pages 72-86,
Forsyth County Records, which plat is
incorporated herein by reference for a
more complete description of said prop¬
erty. Security Deed
The debt secured by the
is evidenced by a Promissory Note dated
January 9, 2007 executed by Trilogy
Builders Group Inc. to the order of
Branch Banking and Trust Company in
the original principal amount of
$576,264.00 (as modified and/or amend¬
ed from time to time, the "Note"), plus
interest from date on the unpaid balance
until paid, and other indebtedness.
Default has occurred and continues
under the terms of the Note and Security
Deed by reason of, among other possible
i
events of default, the nonpayment when
due of the indebtedness evidenced by
the Note and secured by the Security
Deed and the failure to comply with the
terms and conditions of the Note and
Security Deed. By reason of this default,
the Security Deed has been declared
foreclosable according to its terms.
The debt remaining in default, this sale
will be made for the purpose of paying
the same and all expenses of this sale,
as provided in the Security Deed and by
law, including attorneys' fees, notice of
intent to collect attorneys' fees having
been given. Said property will be sold
subject to any outstanding ad valorem
taxes and/or assessments (including
taxes which are a lien but are not yet due
and of payable), Internal possible redemptive rights
the Revenue Service, if any,
any matters which might be disclosed by
an accurate survey and inspection of the
property, and any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit¬
ed under the U.S. Bankruptcy Code and
(2) final audit and confirmation of the sta¬
tus of the loan with the holder of the
Security Deed.
To the best of the undersigned's knowl¬
edge and belief, the Trilogy real property is
presently owned by Builders
Group Inc. To the best of the under¬
signed's knowledge and belief, the party
in possession of the real property is
Trilogy Builders Group Inc. and tenants
holding under Trilogy Builders Group Inc.
Branch Banking and Trust Company, as
Attorney-in-Fact for Trilogy Builders
Group Inc.
Michael R. Wing
Greenberg Traurig, LLP
The Forum
3290 Northside Parkway, N.W., Suite 400
Atlanta, Georgia 30327
(678) 553-2675
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT, AND ANY INFOR¬
MATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
L592 5/7, 14,21,28
ADNUM: L593
NOTICE OF SALE UNDER POWER
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL¬
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
By virtue of a Power of Sale contained in
the Security Deed from WARREN H.
PENNINGTON, dated JANUARY 28,
2008 to TIM COUCH and recorded in
Deed Book 5029 Page 19, Forsyth
County and in Deed Book 851, Page
364-369, Dawson County, Georgia
records given to secure a Promissory
Note of even date in the original principal
amount of Sixty Four Thousand and
00/100 Dollars ($64,000.00), with inter¬
est as provided therein on the unpaid
balance until paid, there will be sold at
public outcry to the highest and the best
bidder for cash before the Courthouse
door of Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in June, 2008, the following
described property:
All that tract or parcel of land lying and
being in Land Lot 219 of County, the 2nd District,
1st Section, Forsyth Georgia,
being Lot 43, Tract A Unit 1, Habersham
On-Lanier Subdivision as per plat of sur¬
vey recorded in Plat Book 9, Page 252,
Forsyth County, Georgia records, which
plat is incorporated herein and made a
part hereof by reference, known as 4605
Forest Place, Cumming, Georgia
30041 according to the present system
of numbering houses in Forsyth County,
Georgia. The
debt secured by said Security Deed
has been and is hereby declared due
because of, among other possible events
of default, non-payment of the install¬
ments on said loan. The debt remaining
in default, this sale will be made for the
purpose of paying the same and all
expenses ney's fees, of this sale, of including collect attor¬
notice intention to
attorneys fees having been given. The
property will be sold subject to any out¬
standing ad valorem taxes and assess¬
dated ments, November and that certain Security Deed
25, 2002 from Warren
H. Pennington to Guaranty Mortgage
Services, L.LC, 5072 Bristol Industrial
Way, Buford, GA 30518 and registered
with MERS. P. O. Box 2026, Flint, Ml
48501, recorded in Deed Book 2553,
Pages 132-151, Forsyth County, Georgia
Records, and any liens superior to the
Security Deed first set out above, and to
the best knowledge and belief of the
undersigned, WARREN H. PENNING¬
TON AND/OR TENANTS are in posses¬
sion of said property.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibit¬
ed under the U.S.Bankruptcy Code and
(2) to final confirmation and audit of the
status of the loan with the holder of the
security deed.
TIM COUCH, as attorney in fact for
Grantor
Suite 110
900 Old Dawson Village Road
Dawsonville, GA 30534
James A. Hamilton
Attorney for TIM COUCH
54 Lumpkin Campground Road, S.
Suite 110
Dawsonville, GA 30534
706-216-3880
L593 5/7,14, 21,28
ADNUM: L594
NOTICE OF SALE UNDER POWER
Georgia, Under Forsyth County of Sale
and by virtue of the Power
contained in a Deed to Secure Debt
given by Alliance Builders, LLC to Flag
Bank, dated December 7, 2006, and
recorded in Deed Book 4554, Page 717,
Forsyth County, Georgia records, s/b/m last
assigned Flag by RBC Centura Real Estate Bank,
Bank to RBC Finance
Inc. by assignment dated April 29, 2008,
conveying the after-described property to
secure a Note of even date in the original
principal amount of $704,625.00, 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
June, 2008. (June 3, 2008), the following
described property:
All that tract or parcel of land lying and
being in Land Lots 1293, 1310 and 1311
of the 14th District and 1st Section of
Forsyth County, Georgia, and being White Lot
12, as shown on a final plat for
Post on Lake Lanier, dated August 14,
2006, prepared by Hussey, Gay, Bell &
Deyoung, Incorporated, recorded in Office, Plat
Book 107, Pages 43-46, Clerk's
Forsyth Superior Court, to which refer¬
ence is made for a more complete
description said Deed
The debt secured by to
Secure Debt has been and is hereby
declared due because of, among other
possible events of default, failure to pay
the indebtedness as and when due and
in the manner provided in the Note and
Deed to Secure Debt. The debt remain¬
ing in default, this sale will be made for
the purpose of paying the same and all
expenses of this sale, as provided in the
Deed to Secure Debt and by law, includ¬
ing attorney's fees (notice of intent given). to col¬
lect attorney's fees having been
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property
known as 9145 Greenway Court Lot 12,
White Post on Lake Lanier
Gainesville, GA 30506 is (are):
Alliance Builders, LLC or tenant or ten¬
ants.
Said property will be sold subject to (a)
any outstanding ad valorem taxes
(including taxes which are (b) a lien, but not
yet due and payable), any matters
which might be disclosed by an accurate
survey and inspection of the property,
and (c) all matters of record superior to
the Deed to Secure Debt first set out
above, including, but not limited to,
assessments, liens, encumbrances, zon¬
ing ordinances, easements, restrictions,
covenants, etc.
i
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit¬
ed 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 judicial
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 provided in
the RBC preceding REAL paragraph.
ESTATE FINANCE INC., a
Delaware corporation
as attorney in fact for
Alliance Builders, LLC
W. Carlton Alford, Jr.
Hudnall, Cohn, Fyvolent & Shaver, P.C.
780 Johnson Ferry Road, Suite 250
Atlanta, Georgia 30342
(404) 851-9200
F07-RBC66
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL¬
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE
L594 5/7,14, 21,28
ADNUM: L595
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 Alliance Builders, LLC to Flag
Bank, dated December 7, 2006, and
recorded in Deed Book 4554, Page 713,
Forsyth County, Georgia records, last
assigned by RBC Centura Bank, s/b/m
Flag Bank to RBC Real Estate Finance
Inc. by assignment dated April 29, 2008,
conveying the after-described property to
secure a Note of even date in the original
principal amount of $562,125.00, 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
June, 2008, (June 3, 2008), the following
described property:
All that tract or parcel of land lying and
being in Land Lots 1293, 1310 and 1311
of the 14th District and 1st Section of
Forsyth County, Georgia, and being Lot
15, as shown on a final plat tor White
Post on Lake Lanier, dated August 14,
2006, prepared by Hussey, Gay, Bell &
Deyoung, Incorporated, recorded in Plat
Book 107, Pages 43-46, Clerk's Office,
Forsyth Superior Court, to which refer¬
ence is made for a more complete
description
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among other
possible events of default, failure to pay
the indebtedness as and when due and
in the manner provided in the Note and
Deed to Secure Debt. The debt remain¬
ing in default, this sale will be made for
the purpose of paying the same and all
expenses of this sale, as provided in the
Deed to Secure Debt and by law, includ¬
ing attorney's fees (notice of intent to col¬
lect attorney's fees having been given).
To the best knowledge and belief of the
undersigned, the party (or parties) in
possession of the subject property
known as 9115 Greenway Court Lot 15,
White Post on Lake Lanier
Gainesville, GA 30506 is (are):
Alliance Builders, LLC or tenant or ten¬
ants.
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 matters
which migfjkbe disclosed by an accurate
survey and inspection of the property,
and (c) all matters of record superior to
the Deed to Secure Debt first set out
above, including, but not limited to,
assessments, liens, encumbrances, zon¬
ing ordinances, easements, restrictions,
covenants, etc.
The sale will be conducted subject to (1)
confirmation that the sale is not prohibit¬
ed under the U.S. Bankruptcy Code; (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 judicial
and nonjudicial sales in the State of
Georgia, the Deed Under Power and
other foreclosure documents may not be
provided until final of confirmation loan and audit
of the status the as provided in
the preceding paragraph.
RBC REAL ESTATE FINANCE INC., a
Delaware corporation
as attorney in fact for
Alliance Builders, LLC
W. Carlton Alford, Jr.
Hudnall, Cohn, Fyvolent & Shaver, P.C.
780 Johnson Ferry Road, Suite 250
Atlanta, Georgia 30342
(404) 851-9200
F07-RBC67
THIS LAW FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO COL¬
LECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L595 5/7,14, 21,28
ADNUM: L596
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH.
Under and by virtue of the power of sale
contained in that certain Deed to Secure
Debt ("Security Deed") Company, executed by
Somerset Development LLC
in favor of Mountain State Bank, dated
October 29, 2003, and recorded at Deed
Book 3100, pages 233-242 of the
Forsyth County, Georgia Deed Records,
as modified November 14, 2007, record¬
ed at Deed Book 4960, pages 98-99,
Forsyth County, Georgia Deed records,
the undersigned will sell at public outcry
to the highest bidder for cash before the
door of the Courthouse of Forsyth
County, Georgia, first during Tuesday the in legal June, hours that
of sale, on the
being June 3, 2008, the following
described property:
ALL THOSE TRACTS or parcels of land
lying and being in Land Lot 352, 3rd
District, 1st Section of Forsyth County,
Georgia, being shown and delineated as
Tract 1 containing 32.061 acres, Tract 2
containing 0.223 acres and Tract 3 con¬
taining 5.691 acres on a plat of survey
entitled "Survey for Somerset
Development Company, LLC", dated
October 17, 2003, prepared by Richard
Webb & Associates, certified by Richard
J. Webb, Georgia Registered Land
Surveyor No. 2507, and recorded in Plat
Book 77, page 184, in the office of the
Clerk of Superior Court of Forsyth
County, information Georgia. and belief, said
Upon
described property is located at: Seabot
Road and Highway 369, Atlanta, GA
30107.
The debt secured by said Security Deed
is evidenced by a Promissory Nbte (the
"Note"), dated November 14, 2007, in the
original principal amount of $582,380.09,
payable, principal and interest from the
date thereof shown on said Note on the
unpaid balance until paid.
Default has occurred in the payment of
the debt evidenced by the Note and
secured by the Security Deed as a result
of the nonpayment of installments there¬
on. The total balance of said debt has,
therefore, been declared due and the
Security Deed foreclosable according to
its terms.
The debt remaining in default, the prop¬
erty will be sold to the highest bidder for
cash as the property of Somerset
Development Company, LLC, the pro¬
ceeds to be applied to the payment of
said indebtedness, attorneys' fees
(notice of intention to collect attorneys'
fees having been given),, and the lawful
expenses of said sale, all as provided in
the Note and the Security Deed, said
sale to be subject to any and all unpaid
taxes and assessments, and restrictions,
easements and liens of record with prior
See LECALS , Page 5B
/