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LEGALS from Page 4B
dance with the terms of the Note and
the Borrower Security Deed and the failure of
to perform its obligations
under the Security Deed.
The Property will be sold on an “as is,
where is* basis without recourse
against the Lender and without repre¬
sentation or warranty of any kind or
nature whatsoever with respect thereto.
The Property will be sold subject to the
following items which may affect title to
said property: all zoning ordinances;
matters which would be disclosed by an
accurate survey or inspection of said
property; any outstanding taxes, includ¬
ing, but not limited to, ad valorem taxes,
which constitute liens upon said proper¬
ty prior in right to the Security Deed;
special assessments against said prop¬
erty which are prior in right to the
Security Deed; all outstanding bills for
public utilities which constitute liens
upon said property prior in right to the
Security Deed; and all other ease¬
ments, limitations, restrictions, reserva¬
tions, covenants and encumbrances of
record which are prior in right to the
Security Deed.
The sale will be conducted subject to
(1) confirmation that the sale is not pro¬
hibited 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 procedures regarding
the rescission of judicial and nonjudicial
sales in the State of Georgia, the Deed
Under Power and other foreclosure doc¬
uments may not be provided until final
confirmation and audit of the status of
the loan as provided above.
The proceeds of the sale of the
Property shall be applied in (i) accordance
with the Security Deed to the pay¬
ment of the costs and expenses of this
sale, including the expenses of protect¬
ing the Property and attorneys' fees
(notice of intent to collect attorneys'
fees having been given pursuant of to
O.C.G.A. § 13-1-11), (ii) payment the
indebtedness secured by the Security
Deed, and (iii) the surplus, if any, to the
person or persons legally entitled there
to.
CAPX REALTY LLC,
a Delaware limited liability company
As Attorney-in-Fact for
DENNIS W. LEVINGE and PATRICE A.
LEVINGE
W. Gregory Null, Esq.
Click & Null, PC.
3475 Piedmont Road, N.E.
Suite 1910
Atlanta, Georgia 30305
(404) 760-2710
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L875 6/4,11,18, 25
ADNUM: L876
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 10,
2007, executed by DARREN M.
MAGUIRE AND STACY P. MAGUIRE to
MORTGAGE ELECTRONIC REGIS¬
TRATION SYSTEMS, INC., recorded in
Deed Book 4874, Page 224. Forsyth
County, Georgia Deed Records, and
securing a Note in the original principal
amount of $308,950.00. Mortgage
Electronic Registration Systems, Inc.,
the current holder thereof, has declared
the entire amount of said indebtedness
evidenced 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 July, 2008.
to-wit: July 1, 2008, during the legal
hours of sale, before the Forsyth
County Courthouse door, sell at public
outcry to the highest bidder for cash,
the following described real property:
All that tract or parcel of land lying and
being in Land Lot 329 of the 14th
District, 1st Section, Forsyth County,
Georgia, being Lot 1258 of Settlers
Lake, Phase One, as per plat recorded
in Plat Book 100, Pages 62-73, Forsyth
County Records, which plat is incorpo¬
rated herein by reference and made a
part hereof, being improved property
known as 4650 Sundance Circle
according to the present system of
numbering houses in Forsyth County,
Georgia.
The aforedescribed real property is also
known as 4650 Sundance Circle,
Cumming, 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 determi¬
nation that the borrower has not rein¬
stated the loan prior to the foreclosure
sale.
Said real property will be sold subject to
any outstanding ad valorem taxes
(including taxes which payable), are a lien, but
not yet due and 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 ordinances,
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 DARREN M. MAGUIRE
AND STACY P. MAGUIRE and the pro¬
ceeds of said sale will be applied to the
payment of said indebtedness and all
the expenses of said sale, including
attorney's fees, all as provided in said
Security Deed and the excess pro¬
ceeds, if any, will be distributed as pro¬
vided by law.
MORTGAGE ELECTRONIC REGIS-'
TRATION SYSTEMS, INC
as Attorney-in-Fact for
DARREN M. MAGUIRE AND STACY P.
MAGUIRE
David W. Adams, Esquire
Ellis, Painter, Ratterree & 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.
L876 6/4, 11,18, 25
ADNUM: L877
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 Georgia Industrial Investments,
LLC to First National Bank of Johns
Creek, dated November 14, 2002 and
recorded in Deed Book 2532, page 59
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 under¬
signed 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 July 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 Lots 424 and 503 of the
14th District and 1st Section of Forsyth
County, Georgia, and being 15.43 acres
as shown on a plat entitled “Cecil B.
Day Foundation, Inc." dated December
21, 1989, as surveyed by Thomas M.
Patton, Registered Surveyor, which plat
is recorded in Plat Book 31, page 34, of
the Forsyth County Records and incor¬
porated herein by reference for a more
complete description thereof.
The debt secured by the Security Deed
is evidenced by a Universal Note and
Security Agreement Georgia dated November
14, 2002 executed by Industrial
Investments, LLC to the order o'f First
National Bank of Johns Creek in the
original principal amount of
$855,000.00 (as modified, amended
and/or restated from time to time,
including without limitation by that cer¬
tain Note dated February 3, 2006 from
Georgia Industrial Investments, LLC to
Main Street Bank in the amount of
$1,215,303.00, the “Note"), plus inter¬
est 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 indebted¬
ness evidenced by the Note and
secured by the Security Deed and the
failure to cgmply with the terms and
conditions of the Note and Security
Deed. By reason of this default, the
• Security Deed has been declared fore
closable according to its terms.
The debt remaining for in default, this sale
will be made 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 dis¬
closed by an accurate survey and
inspection of the property, and any
assessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record supe¬
rior to the Security Deed. The sale will
be conducted subject to (1) confirma¬
tion that the sale is not prohibited under
the U.S. Bankruptcy Code and (2) 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 LLC. by Georgia Industrial
Investments, To the best of the
undersigned's knowledge and belief,
the party in possession of the real prop¬
erty is Georgia Industrial Investments,
LLC and tenants holding under Georgia
Industrial Investments, LLC.
Branch Banking and Trust Company,
successor by merger to Main Street
Bank, successor by merger to First
National Bank of Johns Creek, as
Attorney-in-Fact for Georgia Industrial
Investments, LLC.
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.
L877 6/4, 11, 18, 25
ADNUM: L878
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, Security Agreement and
Assignment of Rents from Nicholson
Hills Development, LLC to Branch
Banking and Trust Company, dated
February 28, 2005 and recorded in
Deed Book 3701, page 66 in the Office
of the Clerk of the Superior Court of
Forsyth County, Georgia and Deed
Book 657, page 64 in the Office of the
Clerk of Superior Court of Dawson
County, Georgia (as modified and/or
amended from time to time, the
"Security public Deed"), the undersigned will
sell at outcry before the door of
the Courthouse of Forsyth County,
Georgia during the legal hours of sale
on the first Tuesday in July 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 Dawson County, Georgia and
Forsyth County, Georgia being 25.214
acres in Dawson County located in
Land Lots 13 and 14 of the Fourth
District, First Section and 97.034 acres
in Forsyth County located in Land Lots
11, 12, 13 and 60 of the Third District,
First Section of Forsyth County,
Georgia as shown The Wallace on that Group certain plat
of survey for by Jon
G. Stubblefield, Georgia Registered
Land Surveyor number 2599 dated
February 25, 2005 and be more particu¬
larly described as follows:
Beginning at an iron pin set at on the
Northerly right-of-way right-of-way) of Nicholson
Road (60 foot at a point
where said northerly right-of-way inter¬
sects the Land Lot line dividing Land
Lots 60 and 59 of Forsyth County; run¬
ning thence along the northerly right-of
way of Nicholson Road the following
courses and distances: an arc distance
of 34.92 feet to a point, said arc being
subtended by a chord bearing North 83
degrees 42 minutes 35 seconds West
and having a chord length of 34.92 feet,
an arc distance of 172.70 feet to a
point, said arc being subtended by a
chord bearing North 85 degrees 22
minutes 48 seconds West having a
chord length of 172.64 feet, North 87
degrees 57 minutes 08 seconds West a
distance of 131.81 feet to a point, an
arc distance of 128.96 feet to a point,
said arc being subtended by a chord
bearing South 87 degrees 48 minutes
11 seconds West and having a chord
length of 128.84 feet, an arc distance of
211.30 feet to a point said arc being
subtended by a chord bearing South 79
degrees 42 minutes 22 seconds West
and having a chord length of 211.21
feet, an arc distance of 53.91 feet to an
to an [sic] iron pin set, said arc being
subtended by a chord bearing South 75
degrees 23 minutes 02 seconds West
and having a chord length of 53.91 feet;
thence leaving the right-of-way of
Nicholson Road and running North 00
degrees 43 minutes 34 seconds East a
distance of 70.12 feet to a 3/4" open top
pipe found on the Land Lot line dividing
Land Lots 13 and 60 of Forsyth County;
thence running along the Land Lot line
dividing Land Lots 13 and 60 and the
Land Lot line dividing Land Lots 12 and
61 of Forsyth County North 89 degrees
12 minutes 15 seconds West a distance
of 1244.28 feet to 1/2" crimped top pipe
at a concrete monument; continuing
thence along the Land Lot line dividing
Land Lots 12, 61, 11, and 62 North 88
degrees 24 minutes 34 seconds West a
distance of 1875.09 feet to the common
corner for Land Lots 10, 63, 11 and 62
of Forsyth County; running thence
along the and Land Lot Line dividing Land
Lots 10 11 of Forsyth County, North
00 degrees 13 minutes 10 seconds
East a distance of 668.19 feet to a 1/2"
crimped top pipe; thence leaving said
Land Lot line and running South 89
degrees 52 minutes 15 seconds East a
distance of 1341.33 feet to a 1/2"
crimped top pipe found on the Land Lot
line dividing Land Lots 11 and 12 of
Forsyth County; running thence along
the Land Lot line dividing Land Lots 11
and 12 of Forsyth County, North 00
degrees 02 minutes 12 seconds East a
distance of 652.38 feet to rock found at
a 1/2" open top pipe which is also on
the county line between Dawson
County and Forsyth County; thence run¬
ning along the Land Lot dividing Land
Lot 12 of Forsyth County with Land Lot
12 of Dawson County South 86 degrees
26 minutes 16 seconds East a distance
of 1392.92 feet to a 1" crimped top pipe
found at the intersection of the Land Lot
line between Land Lots 12 and 13 of
Dawson County and the Northerly Land
Lot line of Land Lot 13 of Forsyth
County; dividing thence running along the Land
Lot line Land Lots 12 and 13 of
Dawson County North 00 degrees 43
minutes 58 seconds West a distance
574.39 feet to.3/4" open top pipe at the
common corner of Land Lots 1213,
1212, 12 and 13 of Dawson County;
running thence Land Lot along the Land Lot line
dividing North degrees 1212 minutes and Land Lot 13
89 22 50 sec-
onds East a distance of 1307.58 feet to
the 1 * open top pipe found at the com¬
mon corner of Land Lots 1212, 1211,
13 and 14; continuing thence along the
Land Lot line dividing Land Lots 1211
and 14 North 89 degrees 23 minutes 03
seconds East a distance of 602.51 feet
to 1/2" crimped top pipe found; thence
leaving said Land Lot line and running
South 00 degrees 47 minutes 04 sec¬
onds East a distance of 576.99 feet to a
1/2” crimped top pipe found on the
boundary between Dawson County and
Forsyth County; running thence along
the boundary between Dawson County
and Forsyth County, which is also the
Southerly boundary of Land Lots 13
and 14 of Dawson County and the
northerly boundary of Land Lot 14 In
Forsyth County South 89 degrees 34
minutes 00 seconds West a distance of
812.75 feet to a 3/4" open top pipe
found which also at the intersection of
the Land Lot line dividing Land Lots 13
and 14 of Forsyth County with the
southerly county line of Dawson
County; running thence along the Land
Lot line dividing Land Lots 13 and 14 of
Forsyth County South 00 degrees 31
minutes 59 seconds East a distance of
1322.77 feet to a 1/2 inch crimp top
pipe set on the common corner of Land
Lots 13, 14, 60 and 59 of Forsyth
County; running thence along the land
lot line between Land Lots 60 and 50
South 00 degrees 31 minutes 59 sec¬
onds East a distance of 25.77 feet to an
iron pin set on the Northerly right-of
way of Nicholson Road which is the true
point of beginning.
The debt secured by the Security Deed
is evidenced by a Promissory Note
dated February 28, 2205 executed by
Nicholson Hills Development, LLC to
the order of Branch Banking and Trust
Company in the original principal
amount of $5,631,250.00 (as modified
and/or amended from time to time, the
"Note"), plus interest from date on the
unpaid balance until paid, and other
indebtedness.
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 indebted¬
ness 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 fore
closable 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 dis¬
closed by an accurate survey and
inspection of the property, and any
assessments, liens, encumbrances,
zoning . ordinances, restrictions,
covenants, and matters of record supe¬
rior to the Security Deed. The sale will
be conducted subject to (1) confirma¬
tion that the sale is not prohibited under
the U.S. Bankruptcy Code and (2) 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 Nicholson Hills
Development, LLC. To the best of the
undersigned’s knowledge and belief,
the party in possession of the real prop¬
erty is Nicholson Hills Development,
LLC and tenants holding under
Nicholson Hills Development, LLC
Branch Banking and Trust Company, as
Attorney-in-Fact for Nicholson Hills
Development, LLC
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.
L878 6/4,11, 18,25
ADNUM: L879
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 July 2008 to the
highest and test 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 ref¬
erence for a more complete description
of said property.
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
$576,264.00 (as modified and/or
amended from time to time, the "Note"),
plus interest from date on the indebted¬ unpaid
balance until paid, and other
ness.
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 indebted¬
ness 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 fore
closable 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 pnd/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 dis¬
closed by an accurate survey and
inspection of the property, and any
assessments, liens, encumbrances,
Zoning ordinances, restrictions,
covenants, and matters of record supe¬
rior to the Security Deed. The sale will
be conducted subject to (1) confirma¬
tion that the sale is not prohibited under
the U.S. Bankruptcy Code and (2) 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 Group owned by Trilogy Builders under¬
Inc. To the best of the
signed’s knowledge and belief, the
party in possession of the real property
is Trilogy Builders Group Inc. and ten¬
ants Group holding Inc. under Trilogy Builders
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.
L879 6/4, 11,18, 25
ADNUM: L880
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 Security certain Georgia
Security Deed and Group Agreement
from Trilogy Builders 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,
Georgia during the legal hours of sale
on the first Tuesday in July 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 1075 of the 2nd
District and 1st Section of Forsyth
County, Georgia, and being Lot 9,
Southers Plantation as per plat record¬
ed in Plat Book 89, Pages 146-150,
Forsyth County, Georgia 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
amended from time to time, the "Note"),
plus interest from date on the unpaid
balance until paid, and other indebted¬
ness.
Default has occurred and continues
under the terms of the Note and
Security Deed by reason of of, among
other possible events default, the
nonpayment when due of the indebted¬
ness 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 fore
closable 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 Service,
rights of the Internal Revenue
if any, any matters which might be dis¬
closed try an accurate survey and
inspection of the property, and any
assessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record supe¬
rior to the Security Deed. The sale will
be conducted subject to (1) confirma¬
tion that the sale is not prohibited under
the U.S. Bankruptcy Code and (2) 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 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 ten¬
ants 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.
L880 6/4, 11, 18,25
ADNUM: L881
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
Under and by virtue of the Power of
Sale contained in that certain Security
Deed given by Brenda S. Martin to
Southpoint Financial Services, Inc.,
dated October 29,1999 and filed
November 8, 1999, recorded in Deed
Book 1598, Page 0523. Forsyth County,
Georgia Records and later transferred
to SunTrust Bank conveying the after
described property to secure a Balloon
Note in the original principal amount of
Ninety-one thousand two hundred and
no/100 dollars($91,200.00), with inter¬
est thereon as set forth therein, there
will be sold at public outcry to the high¬
est bidder for cash before the court¬
house door of Forsyth County, Georgia,
within the legal hours of sale on the first
Tuesday in July 2008, the following
described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 1035 OF THE 14TH DISTRICT,
1ST SECTION, FORSYTH COUNTY,
GEORGIA, BEING MORE FULLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER ON THE
SOUTH ORIGINAL LINE OF SAID
LAND l.OT, 100 FEET NORTH 89
DEGREES 20 MINUTES WEST FROM
THE SOUTHEAST CORNER OF SAID
LAND LOT; THENCE FROM SAID
BEGINNING CORNER NORTH 89
DEGREES 20 MINUTES WEST 195.2
FEET TO THE CENTER LINE OF A
DIRT ROAD; THENCE NORTH 1
DEGREE 55 MINUTES WEST ALONG
THE CENTER LINE SAID DIRT ROAD
339.5 FEET TO A POINT 50 FEET
SOUTH OF THE CENTER LINE OF
PAVED HIGHWAY NO.141; THENCE
SOUTH 82 DEGREES 17 MINUTES
EAST ALONG THE SOUTH RIGHT-OF
WAY OF SAID HIGHWAY 211.5 FEET
TO A POINT; THENCE SOUTH 0
DEGREES 33 MINUTES WEST 313.4
FEET TO THE BEGINNING CORNER
ON THE SOUTH ORIGINAL LINE OF
SAID LAND LOT.
THE ABOVE DESCRIBED TRACT IS
SHOWN AS SUBDIVISION LOT NO.1
OF THE SUBDIVISION LANDS OF
A M. WILKINSON, JR. AND H. D.
GAINES AS SHOWN ON PLAT PRE¬
PARED BY T.P. THOMAS, REGIS¬
TERED SURVEYOR NO. 1099, DATED
NOVEMBER 14, 1956, AND RECORD¬
ED IN PLAT BOOK 2, PAGE 96,
CLERK'S OFFICE, FORSYTH SUPERI¬
OR COURT.
The debt secured by said Security
Deed has been and is hereby declared
due because of, among other possible
events of default, failure to pay the
indebtedness as and when due and in
the manner provided in the Balloon
Note and Security Deed. The debt
remaining in default, this sale will be
made for the purpose of paying the
same and all expenses of this sale, as
provided in the Security Deed and by
law, including attorney's fees (notice of
intent to 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, zonieg
ordinances, restrictions, covenants, and
matters of record superior to the
Security Deed first set out above.
FORSYTH COUNTY NEWS -Wednesday, June 4, 2008
To the best knowledge and belief of the
undersigned, the party in possession of
the property is Brenda S. Martin or a
tenant or tenants and said property is
more commonly known as 7715
Wilkinson Drive Gainesville, GA
30506
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.
Sun Trust Bank, as Attorney in Fact for
Brenda S Martin
By:
Andrew D. Gleason
Attorney for Sun Trust Bank
Lefkoff, Rubin & Gleason, PC.
5555 Glenridge Connector
Suite 900
Atlanta, Georgia 30342
(404)869-6900
(404)869-6909 (fax)
L881 6/4,11,18,25
ADNUM: L882
Notice of Sale Under Power
Georgia, Forsyth by County the Power of
Under and virtue of
Sale contained in a Deed to Secure
Debt given by Gwen Kennedy to
Mortgage Electronic Registration The
Systems, Inc. as nominee for CIT
Group/Consumer Finance, Inc., dated
June 13, 2005, and recorded in Deed
Book 3835, Page 725, Forsyth County,
Georgia records, as last assigned to
HSBC Bank USA, N.A., as Trustee on
behalf of ACE Securities Corp. Home
Equity Loan Trust and for the registered
holders of ACE Securities Corp. Home
Equity Loan Trust, Series 2005-HE6,
Asset Backed Pass-Through
Certificates by assignment to be record¬
ed in Forsyth County, Georgia records,
conveying the after-described property
to secure a Note of even date in the
original principal amount of
$297,000.00, 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 July, 2008, to wit:
July 1, 2008, the following described
property:
All that tract or parcel of land lying and
being in land lots 446 and 447 of the
14th District, 1st Section, Forsyth
County, Georgia, and being known and
designated as lot 23 of Robb's Farm
Subdivision, Phase I, as shown on a
plat of said subdivision recorded in Plat
Book 56, pages 157-159, Forsyth
County, Georgia Records, which plat
and record thereof are Incorporated
herein by reference.
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,
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 6026 Holland Drive,
Cumming, GA 30041 is (are): Gwen
Kennedy 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 pro¬
hibited 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 provid¬
ed in the preceding paragraph.
HSBC Bank USA, N.A., as Trustee on
behalf of ACE Securities Corp. Home
Equity Loan Trust and for the registered
holders of ACE Securities Corp. Home
Equity Loan Trust, Series 2005-HE6,
Asset Backed Pass-Through
Certificates
as attorney in fact for
Gwen Kennedy
Richard B. Maner, PC.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
FC08-371
L882 6/4,11, 18, 25
ADNUM: L883
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
By virtue of the power of sale contained
in a Security Deed from Tim A. Miller
and Debra K. Miller to American Equity
Mortgage, Inc. dated October 15, 2004,
recorded in Deed Book 3551, Page
745, Forsyth County Records, and las)
assigned to LaSalle Bank N.A., as
Trustee for Lehman SASCO 2005-NC1,
conveying the after-described property
to secure a Note in the original principal
amount of TWO HUNDRED NINETY
SEVEN THOUSAND AND 00/100
($297,000.00). with interest thereon as
set forth therein, there will be sold at
public outcry to the highest bidder for
cash, before the Courthouse door of
Forsyth County, Georgia, during the
legal hours of sale on the first Tuesday,
July 1, 2008 the following described
property, to wit:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOT 997 OF THE 2ND DISTRICT, 1ST
SECTION OF FORSYTH COUNTY,
GEORGIA, BEING LOT 35 OF
CHARTWELL, PHASE 1, AS PER PLAT
RECORDED IN PLAT BOOK 36, PAGE
47-51, FORSYTH COUNTY, GEORGIA
RECORDS, WHICH PLAT, IS INCOR¬
PORATED HEREIN BY THIS REFER¬
ENCE AND MADE A PART OF THIS
LEGAL DESCRIPTION.
The Debt secured by said Security
Deed has been and is hereby declared
due because of nonpayment of the
indebtedness when due and in the
manner provided in the Note and
Security Deed. The debt remaining in
default, the sale will be made for the
purpose of paying the same and all
expenses of sale, as provided in the
Security Deed and by law, including
attorney's fees, notice of intent to col¬
lect attorney's fees having been given.
Said property will be sold subject to any
outstanding ad valorem taxes, any
assessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record supe¬
rior to the Security Deed first set out
above.
To the best knowledge and belief of the
undersigned, the party in possession of
the property Tim A. Miller and Debra K.
Miller or, a tenant or tenants, and said
property was or is commonly known as
3675 Chartwell Drive, Suwanee, GA
30024
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.
LaSalle Bank N.A., as Trustee for
PAGE 5B
Lehman SASCO 2005-NC1
As Attorney in Fact for
Tim A. Miller and Debra K. Miller
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 08-6920
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR, ATTEMPTING TO
COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
L883 6/4, 11,18, 25
ADNUM: L884
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a
Security Deed executed by Adeniyi
Adeniran to Mortgage Electronic
Registration Systems Inc., dated
November 18, 2005 in the amount of
$170,324.00, and recorded in Deed
Book 4060, Page 713, Forsyth County,
Georgia Records; as last transferred to
Mortgage Electronic Registration
Systems, Inc. by assignment; the under¬
signed, 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 July, 2008 , 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 in said deed to
wit
All that tract or parcel of land lying and
being in Land Lot 1288, 3rd District, 1st
Section, Forsyth County, Georgia, being
Lot 332, Fieldstone Park, Unit 1, as per
plat recorded in Plat Book 86, Pages
25-42, Forsyth County, Georgia
Records, which plat is incorporated
herein and made a part hereof by refer¬
ence.
which has the property address of 3550
Moor Pointe Drive, Cumming,
Georgia., together with all fixtures and
other personal 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 th.e 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 proper¬
ty of Adeniyi Adeniran 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 pro¬
vided in the aforementioned Security
Deed.
Mortgage Electronic Registration
Systems, Inc.
Attorney in Fact for
Adeniyi Adeniran
Anthony DeMarlo. Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-10525/CONV
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS ATTEMPT¬
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
L884 6/4, 11, 18, 25
ADNUM: L885
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a
Security Deed executed by Helen
Arthur to Mortgage Electronic
Registration Systems, Inc. dated April
6, 2007 in the amount of $201,045.00,
and recorded in Deed Book 4707, Page
150, Forsyth County, Georgia Records;
as last transferred to. Mortgage
Electronic Registration Systems, Inc. by
assignment; 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 July, 2008 , 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 in said
deed to-wit:
All that tract or parcel of land lying and
being in Land Lots 412, 453 and 454 of
the 2nd District, 1st Section. Forsyth
County, Georgia, being Unit 11,
Pinnacle Glen, Phase 1A, being more
particularly shown in that Declaration of
Condominium for Pinnacle Glen, a con¬
dominium recorded, in Deed Book 3993,
Page 679, Forsyth County Records,
being incorporated herein by reference
thereto.
which has the property address of 2886
Cross Creek Drive, Cumming,
Georgia., together with all fixtures and
other personal property conveyed by
said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of
way, easements, protective covenants superior
or restrictions, liens, and other
matters of record which may affect said
property. (1)
The sale will be conducted subject
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 proper¬
ty of Helen Arthur and the proceeds 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
Helen Arthur
Anthony McCurdy DeMarlo, Attorney/smitchell
& Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-11583 /FHA
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS ATTEMPT¬
ING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
L885 6/4, 11,18,25
ADNUM: L886
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a
Security Deed executed by Byung Jo
Bae to Mortgage Electronic Registration 2006 in
Systems, Inc. dated March 24, record¬
the amount of $256,000.00, and
ed in Deed Book 4213, Page 1, Forsyth
County, Georgia Records; as Electronic last trans¬
ferred to Mortgage
Registration Systems, Inc. by assign¬
ment; the undersigned, Mortgage Inc.
Electronic Registration Systems,
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 July, 2008 , during
the legal hours of sale, at the
Courthouse door in Forsyth County, sell
at public outcry to the highest bidder for
See LEGALS, Page 6B