Newspaper Page Text
PAGE
LEGALS from Page 3B
KEVIN DALE STEWART
Lender Contact: HOME LOAN SER¬
VICES, INCORPORATED, Loss
Mitigation Lender Dept. (412) 918-7364 ALLEGHENY
Address; 150
CENER-LOC23-030 .PITTSBURG,PA
15212
Attorney L.L.C., Contact: Adorno & Yoss, Suite
1349 West Peachtree
1500, Atlanta, GA, 30309
TELEPHONE NUMBER: (888) 890-
5390 ADORNO FILE NO. 215758.0572
HTTPV/WWW.ADORNO.COM/ATL
DOC S/SALES.HTML
Ad Run Dates 06/04/08,06/11/08,
06/18/08 AND 06/25/08
THE ABOVE LAW FIRM IS ACTING AS
A DEBT COLLECTOR. ANY INFOR¬
MATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
L864 6/4,11,18, 25
ADNUM; NOTICE L865 OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
By virtue of the power of sale contained
in a deed to secure debt from W.D.
THOMAS HOMES, INC. to Gwinnett
Banking Company dated February 10,
2005 in ,the original amount of
$2,504,000.00, recorded in Deed Book
3677, page 506, Forsyth County
Records, there will be offered for sale
at public outcry to the highest bidder for
cash before the Courthouse door of
said County during Tuesday the legal hours of
sale on the First in July, 2008,
the following described property:
All that tract or parcel of land lying and
being in Land Lots 697 and 717, 14th
District, 1st Section, Forsyth County,
Georgia, being known and designated
as Lots 43, 44, 45 and 47, Lighthouse
Harbour, Subdivision, as more particu¬
larly described on a plat of survey
recorded in Plat Book 83, pages 155
through 160, Forsyth County, Georgia
Records, reference to said plat of sur¬
vey and the record thereof being here¬
by made for a more complete legal
description.
The indebtedness secured by said
deed to secure debt has been declared
due and payable by reason of default
under the provisions of said deed to
secure debt 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 indebtedness and
interest thereon, and any balance
remaining The shall be applied will as provided
by law. property be sold as the
property of W.D.THOMAS HOMES,
INC.
Notice has been given of intention to
enforce provisions for collection of
attorney's fees and expenses of fore¬
closure in accordance with legal
requirements and the terms of the
above note and deed to secure debt.
The property will be sold subject to 1)
any (including outstanding ad valorem taxes
taxes which are a lien, but
not yet due and payable), 2) any mat¬
ters which might be disclosed by an
accurate survey and inspection of the
Property, 3) any assessments, liens,
encumbrances, zoning ordinances,
restrictions, easements and covenants
and 4) matters of record superior to the
Security Deed first set out above.
FIRST CHARTER BANK, SUCCES¬
SOR
BY MERGER TO GWINNETT BANK
ING
COMPANY ATTORNEY-IN-FACT FOR
W.D. THOMAS HOMES, INC.
ANDERSEN, TATE & CARR. PC.
POST OFFICE BOX 2000
LAWRENCEVILLE. GEORGIA 30046
770-822-0900
THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION
OBTAINED WILL BE USED FOR THAT
PURPOSE.
L865 6/4,11,18, 25
ADNUM: L867
Notice of Sale Under Power.
State of Georgia,
County of FORSYTH.
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt given by NICHOLAS R
PETROCHKO AND TINA PETROCHKO
to CHASE HOME FINANCE, LLC,
SUCCESSOR BY MERGER TO
CHASE MANHATTAN MORTGAGE
CORPORATION, dated 02/12/2007,
and Recorded on 03/07/2007 as Book
No. 4658 and Page No. 747-761,
FORSYTH County, Georgia records, as
last assigned to DEUTSCHE BANK
NATIONAL TRUST COMPANY, AS
TRUSTEE FOR J.P. MORGAN CHASE
BANK , NATIONAL ASSOCIATION
JPMAC 2007-CH4, by assignment, con¬
veying the after-described property to
secure a Note of even date in the origi¬
nal principal amount of $154,000.00,
with interest at the rate specified there¬
in, there will be sold by the undersigned
at public outcry to the highest bidder for
cash at the FORSYTH County
Courthouse 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 192
OF THE 3RD DISTRICT, 1ST SEC¬
TION, FORSYTH COUNTY, GEORGIA,
BEING 1.937 ACRES AS SHOWN ON
THAT SURVEY FOR NICHOLAS
ROBERT PETROCHKO, PREPARED
BY RICHARD WEBB AND ASSOCI¬
ATES, RICHARD J. WEBB. RLS #2507,
DATED FEBRUARY 11, 1997, AND
BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
TO FIND THE TRUE POINT OF
BEGINNING, BEGIN AT THE NORTH¬
WEST CORNER OF LAND LOT 192
AND RUN SOTH 84 DEGREES 05
MINUTES 18 SECONDS EAST 324.10
FEET TO AN IRON PIN FOUND AND
THE TRUE POINT OF BEGINNING;
RUN THENCE SOUTH 85 DEGREES
22 MINUTES 07 SECONDS EAST
249.39 FEET TO AN IRON PIN
FOUND, RUN THENCE SOUTH 51
DEGREES 14 MINUTES 52 SECONDS
EAST 181.68 FEET TO AN IRON PIN
SET; RUN THENCE SOUTH 03
DEGREES 42 MINUTES 21 SECONDS
WEST 97.16 FEET TO AN IRON PIN
SET ON THE NORTHERN RIGHT-OF
WAY OF MOCKINGBIRD ROAD (HAV¬
ING A 60 FOOT RIGHT-OF-WAY), RUN
THENCE IN A WESTERLY DIRECTION
ALONG THE NORTHERN RIGHT-OF
WAY OF MOCKINGBIRD ROAD (HAV¬
ING A 60 FOOT RIGHT-OF-WAY) A
DISTANCE OF 402.43 FEET TO AN
IRON PIN FOUND; RUN THENCE
NORTH 03 DEGREES 41 MINUTES 41
SECONDS EAST 264.32 FEET TO AN
IRON PIN FOUND AND THE TRUE
POINT OF BEGINNING
COMMONLY KNOWN AS 6505 MOCK¬
INGBIRD ROAD CUMMING, GA 30130
HOWEVER, BY SHOWING THIS
ADDRESS NO ADDITIONAL COVER¬
AGE IS PROVIDED. 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.
Because the debt remains 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 col¬
lect attorney's fees having been given).
To the best knowledge and belief of the
session undersigned, the party/parties in pos¬
of the subject property known
as 6505 MOCKINGBIRD RD, CUM¬
MING, GEORGIA 30040 is/are:
NICHOLAS R PETROCHKO AND TINA
PETROCHKO or tenant/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 matters which
might be disclosed by an accurate sur¬
vey and inspection of the property, and
(c) Deed all matters Secure of record superior to the
to Debt first set out
above, including, but not limited to,
assessments, liens, encumbrances,
zoning ordinances, easements, restric-
— FORSYTH COUNTY NEWS —Wednesday, June 11, 200B
tions, covenants, etc. The sale will be
conducted subject to (1) confirmation
that the sale is not prohibited under the
confirmation U.S. Bankruptcy Code; of and (2) final of
and audit the status
the loan with the holder of the security
deed. Pursuant to O.C.G.A. Section 9-
13-172.1, which allows for certain pro¬
cedures regarding the rescission of
judicial of and Georgia, nonjudicial the sales Under in the
State Deed
Power and other foreclosure documents
may not be provided until final confir¬
mation and audit of the status of the
loan as DEUTSCHE provided in the preceding para¬
graph. COMPANY, AS BANK TRUSTEE NATIONAL
TRUST FOR
J.P. MORGAN CHASE BANK , NATION¬
AL ASSOCIATION JPMAC 2007-CH4
as Trustee Attorney in Fact for
NICHOLAS R PETROCHKO AND TINA
PETROCHKO. THIS LAW FIRM IS
ACTING AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED'WILL
BE USED FOR THAT PURPOSE.
20080161904407 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
CHASE HOME FINANCE, LLC, SUC¬
CESSOR BY MERGER TO CHASE
MANHATTAN MORTGAGE CORPORA¬
TION 10790 RANCHO BERNARDO
ROAD, SAN DIEGO, CA 92127
Telephone: 877-838-1882
L867 6/4,11,18, 25
ADNUM: L868
Notice of Sale Under Power
Georgia, Forsyth County of
Under and by virtue of the Power
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 principal amount of
$4,717,500.00, with interest thereon as
set forth therein (the "Note"), there will
be sold 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 (being July 1,
2008) the following described parcel of
real property together with all improve¬
ments, fixtures, easements, heredita¬
ments, rights, members, appurte¬
nances, and personalty located thereon
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 BEGINNING:
THENCE NORTH 03 ° 24'54" EAST A
DISTANCE OF 1355.88 TO A POINT
THENCE NORTH 88 ° 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"EASTA
DISTANCE OF 999.24 TO A POINT
THENCE NORTH 01 0 18'21“ EAST A
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 0 32'12" EAST A
DISTANCE OF 281.76 TO A POINT
THENCE NORTH 70 0 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 0 37'26" EAST A
DISTANCE OF 128.11 TO A POINT
THENCE NORTH 81 0 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 0 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 0 31 '29" EAST
DISTANCE OF 107.18 TO A POINT
THENCE NORTH 88 0 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" EAST A
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"WESTA
DISTANCE OF 500.00 TO A POINT
THENCE SOUTH 04 ° 15'14"WESTA
DISTANCE OF 430.00 TO A POINT
THENCE SOUTH 51 0 48'24" WEST A
DISTANCE OF 485.00 TO A POINT
THENCE SOUTH 25 0 16'42"WESTA
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
DISTANCE OF 329.63 TO A POINT
THENCE SOUTH 15 ° 21'13"EASTA
DISTANCE OF 856.14 TO A POINT
THENCE NORTH 88 0 39'19“ WEST A
DISTANCE OF 202.22 TO A POINT
THENCE NORTH 88 " 34'50" WEST
DISTANCE OF 1309.37 TO A POINT
TO THE POINT OF BEGINNING; CON¬
TAINING 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 purposes of paying the same
and all expenses of this sale, as provid¬
ed including in the Security Deed and by law,
attorney's fees (written notice
of intent to collect attorney's fees hav¬
ing Said been given).
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 liens, of the property, any assess¬
ments, encumbrances, zoning
ordinances, restrictions, covenants and
matters 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 Real claiming Estate through it.
Finance, Inc., succes¬
sor in interest to RBC Bank (USA) f/k/a
RBC Centura Bank, successor by
merger Fact to Flag Bank, as Attorney-in
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
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L868 6/4,11,18, 25
ADNUM: L869
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
By virtue of a Power of Sale contained
in that certain Security Deed from
Jeffrey Thomas Hammet and Sandra K.
Hammet to Home Federal Saving Bank
of Georgia, dated August 14, 1987,
recorded in Deed Book 381, Page 73,
Security Forsyth County, Georgia Records, said
Deed having been given to
secure a Note of even date in the origi¬
nal principal amount of FIFTY FIVE
THOUSAND ONE HUNDRED AND
00/100 interest DOLLARS ($55,100.00) with
thereon as provided for therein,
said Security Deed having been last
sold, assigned and transferred to
Bayview Loan Servicing, LLC, there will
bevsold at public outcry to the highest
bidder for cash before the courthouse
door of Forsyth County, Georgia, with¬
in the legal hours of sale on the first
Tuesday in July 2008 the following
described property:
All that tract or parcel of land, together
with improvements thereon, situate,
lying District and being in Land Lot 148 of the
2nd and 1st Section of Forsyth
County, Georgia and being Lot 36,
Block E, Unit 1 of Lanier County Club
Estates Subdivison, as shown on a
Subdivision Plat recorded in Plat Book
1, Page 397 of the Forsyth County
Records, and being more fully and par¬
ticularly shown on a survey for Jeffrey
T. and Sandra K. Hammet prepared by
Frederick C. Youngman, Registered
Surveyor, dated January 8, 1986,
revised March 6, 1986 and recorded in
Plat Book 24, Page 154 of the Forsyth
County Records which plats are incor¬
porated herein by reference as a part of
this description.
The indebtedness secured by said
Security Deed has been and is hereby
declared due because of default under
the terms of said Security Deed and
Note, including but not limited to the
nonpayment of the indebtedness as
and when due. The indebtedness
remaining in default, this sale will be
made for the purpose of paying the
same, all expenses of the sale, includ¬
ing attorney's fees and all other pay¬
ments provided for under the terms of
the Security Deed and Note.
Said property will be sold subject to the
following items which may affect the
title to said property: all zoning ordi¬
nances; matters which would be dis¬
closed by an accurate survey or by an
inspection of the property; any out¬
standing taxes, including but not limited
to ad valorem taxes, which constitute
liens upon said property; special
assessments; all outstanding bills for
public utilities which constitute liens
upon said property; all restrictive
covenants, easements, of rights-of-way
and any other matters record superi¬
or to said Security Deed. To the best
knowledge and belief of the under¬
signed, the party in Thomas possession of the
property is Jeffrey Hammet
and Sandra K. Hammet or a tenant or
tenants, and said property is more
commonly known as 1110 Wood Valley
Drive, Gumming, GA 30130.
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.
Bayview Loan Servicing. LLC
as Attorney in Fact for
Jeffrey Thomas Hammet and Sandra K.
Hammet
Contact: Crystal Trahan
THE CALLINS LAW FIRM. LLC
101 Marietta Street, Suite 1030
Atlanta ,GA 30303
(404)681-5826
File No. F08.03.300
Ad Run Dates: 06/04/08, 06/11/08,
06/18/08 and 06/25/08
THIS LAW FIRM IS ATTEMPTING TO
COLLECT A DEBT. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L869 6/4,11,18, 25
ADNUM: L870
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
Philip Diack, hereinafter referred to as
Grantor, to Mortgage Electronic
Registration System, Inc. as nominee
for People's Choice Home Loan, Inc.
recorded in Deed Book 3665, beginning
at page 479, 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 securi¬
ty 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 July, 2008, the prop¬
erty which, as of the time of the execu¬
tion 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, easements and
rights-of-way appearing of record, if
any; all zoning ordinances; matters
which would be disclosed by an accu¬
rate survey or by an inspection of the
property; all outstanding and/or unpaid
taxes which may be liens upon the
property; all outstanding or unpaid bills
and assessments for street improve¬
ments, curbing, garbage, water,
sewage and public utilities which may
be liens upon said property. Popular
Mortgage is the entity with authority to
negociate, amend, and modify the
terms of the Note and Security Deed.
Popular Mortgage's Cherry address is: 121
Woodcrest Road, Hill, NJ
08053. Popular Mortgage may be con¬
tacted by telephone at 856-396-2600.
To the best of the undersigned's knowl¬
edge and belief, the party in posses¬
sion of the property is believed to be
Philip Diack or USA tenant(s).
HSBC Bank National Association,
as Indenture Trustee under the
Indenture relating to People's Choice
Home Loan Securities Trust Series
2005-2,
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/Philip Diack/08-54355
EXHIBIT "A"
All that tract or parcel of land lying and
being District in the Land Lot 1017 of the 2nd
and 1st Section of Forsyth
County, Georgia, being Lot 871 of
Laurel Springs Subdivision, as shown
on plat recorded in Plat Book 73, Page
243-255, Forsyth County, Georgia plat
records; which plat and record thereof
are incorporated herein by reference,
and made a part hereof.
11020 Bradford Lane
Suwanee, GA 30024
L870 6/4,11,18, 25
ADNUM: L871
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, beginning 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 July, 2008, the prop¬
erty which, as of the time of the execu¬
tion 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, easements and
rights-of-way appearing of record, if
any; all zoning ordinances; matters
which would be disclosed by an accu¬
rate survey or by an inspection of the
property; all outstanding and/or unpaid
taxes which may be liens upon the
property; all outstanding or unpaid bills
and assessments for street improve¬
ments, curbing, garbage, water,
sewage and public utilities which may
be liens upon said property. AMC
Mortgage Services, Inc. is the entity
with authority to negotiate, amend and
modify terms of the Note and Security
Deed. AMC Mortgage Services, Inc.'s
address is: 10801 East 6th Street .
Rancho Cucamonga, CA 91730. AMC
Mortgage Services, Inc. may be con¬
tacted by telephone at 800-211-6926.
To the best of the undersigned's knowl¬
edge and belief, the party in posses¬
sion of the property is believed to be
Frieda Hudson or tenant(s).
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 /04-44082F8
EXHIBIT "A"
All that tract or parcel of Land Lying
and District, being in Land Lot 928 of the 2nd
1st section, Forsyth County,
Georgia, being Lot 9 Summerwind,
Phase 1 (fka Windmere, Phase 1), as
per plat thereof recorded in Plat Book
54, Georgia Page 148-153, Forsyth County,
Records, which plat is incorpo¬
rated herein by reference and made a
part hereof.
L871 6/4,11,18,25
ADNUM: L872
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
Seth Ward Scruggs, hereinafter
referred to as Grantor, to Mortgage
Electronic Registration Systems, Inc. as
nominee for Popular Financial Services,
LLC recorded in Deed Book 3616,
beginning at page 568, 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 pay¬
ment of the debt secured by said secu¬
rity 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
July, 2008, the property which, as of
the time of the execution of said securi¬
ty 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 The entity
that has full authority to negotiate,
amend, and modify all terms of the
Note and Security Deed is Popular
Cherry Mortgage Servicing, P.O. Box 9004,
Hill, NJ 08003-9004, 800-556-
1425. To the best of the undersigned's
knowledge and belief, the party in pos¬
session of the property is believed to
The be Seth Bank Ward of Scruggs New or tenant(s).
York as Trustee for
Equity One Inc. Mortgage/pass through
certificate series # 2005-2,
As Transferee and Assignee,
As attorney-in-fact for the aforesaid
Grantor
J. Michael Campbell
Attorney Hammond at Law
990 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.
EquityOne/Seth Ward Scruggs/07-
51544F2
EXHIBIT "A"
All that tract or parcel of of land being
in Land Lots 190 and 191, 2nd District,
1st Section, Forsyth County, Georgia
being Lot 39, Phase 1, Polo Fields
Subdivision as per plat recorded in Plat
Book 25, Page 170, Forsyth County
Georgia records, and an individual
surbey thereof for Wesley J. Breinich
recorded in Plat Book 35, Page 102,
Forsyth County, Georgia records which
said plat is incorporated herein and
made a part hereof.
L872 6/4,11,18, 25
ADNUM: L873
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
for Registration Encore Credit Systems, Inc as nominee
Deed Corp. recorded in
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 securi¬
ty 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 July, 2008, the prop¬
erty which, as of the time of the execu¬
tion 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, easements and
rights-of-way appearing of record, if
any; all zoning ordinances; matters
which would be disclosed by an accu¬
rate survey or by an inspection of the
property; all outstanding and/or unpaid
taxes which may be liens upon the
property; all outstanding or unpaid bills
and assessments for street improve¬
ments, curbing, garbage, water,
sewage and public utilities which may
be liens upon said property The entity
that has full authority to negotiate,
amend, and modify all terms of the
Note and Security Deed is Popular
Mortgage, NJ 121 Woodcrest Roaci,
Cherry Hill, 08053, 856-396-2600.
To the best of the undersigned's knowl¬
edge and belief, the party in posses¬
sion of the property is believed to be
Youn Suk Shin or tenant(s).
The Bank of New York as Trustee for
through Equity One Certificate ABS, Inc. Mortgage/pass
series # 2005-5,
As Transferee and Assignee,
As Grantor attorney-in-fact for the aforesaid
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/08-54163F2
EXHIBIT "A"
All that tract or parcel of land lying and
being in Land Section, Lot 1096 of the 2nd
District, 1st 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 incorpo¬
rated herein by reference and made a
part hereof, being improved property
known as 3210 Caney Creek Land
according bering the present system of num¬
houses in Forsyth County,
Georgia.
3210 Cumming, Caney Creek Lane
GA 30041
L873 6/4,11,18, 25
ADNUM: L875
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
UNDER AND BY VIRTUE of the power
of sale contained in that certain Deed
to Secure Debt, dated December 28,
1998, given by DENNIS W. LEVINGE
and PATRICE A. LEVINGE (collectively,
"Borrower"), to TRANSAMERICA
SMALL BUSINESS SERVICES, INC.,
recorded on December 31, 1998, in
Deed Book 1422, at page 547 et. seq.,
Forsyth County, Georgia Records; as
last assigned to CAPX REALTY LLC, a
Delaware limited liability company (as
so assigned, said Deed to Secure Debt
is hereinafter referred to as the
"Security Deed”), the undersigned will
sell at public outcry, to the highest bid¬
der for cash, before the courthouse
door of Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in July, 2008, all of Borrower's
right, title and interest in and to the fol¬
lowing described property (the
"Property"):
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 682,
2nd District, 1st Section, Forsyth
County, Georgia, designated as Lot 4A,
and being 1.759 acres, as delineated
on that certain plat of survey prepared
for Dennis W. Levinge, Patrice A.
Levinge, Transamerica Small Business
Capital, Insurance Inc., and Lawyers Title
December 22, Corporation, dated
1998, prepared and cer¬
tified by Richard J. Webb, Georgia
Registered Land Surveyor No. 2507 of
Technical Land Services, Inc., d/b/a
Richard Webb & Associates, said sur¬
vey being specifically incorporated
herein by this reference, and being
TO more FIND particularly described as follows:
THE TRUE POINT OF
BEGINNING commence at the point
formed by the northerly right-of-way
line of Nine McFarland Drive and the
westerly right-of-way line of Georgia
Highway 9 (being an 80-foot right-of
way); continuing thence in a northeast¬
erly direction along the aforementioned
right-of-way following line of Georgia Highway 9,
and the curvature thereof, a
distance of 693.14 feet to a point on the
aforementioned right-of-way line which
is THE TRUE POINT OF BEGINNING;
FROM THE TRUE POINT OF BEGIN¬
NING THUS ESTABLISHED and leav¬
ing Georgia the aforementioned right-of-way line
of Highway 9 and running
North 87 degrees 26 minutes 14 sec¬
onds West a distance of 537.63 feet to
a point; thence North 24 degrees 54
minutes 12 seconds East a distance of
159.95 feet to an iron pin found; thence
South 87 degrees 41 minutes 25 sec¬
onds East a distance of 484.63 feet to a
point located on the westerly right-of
way line of Georgia Highway 9; continu¬
ing thence along the aforementioned
right-of-way line and along the arc of a
curve to the right an arc distance of
150.69 feet to THE TRUE POINT OF
BEGINNING, said arc being subtended
by a chord bearing South 05 degrees
32 minutes 07 seconds West and hav¬
ing a chord distance of 150.29 feet and
a radius of 591.79 feet.
TOGETHER WITH those certain ease¬
ments and rights over, across, through
and under the below-described proper¬
ty ("Easement Appurtenant to Lot 4A")
as set forth in a subject to that certain
Declaration of Reciprocal Easements,
dated December 29, 1998, by AFCO
Equities Partners I, L.P., as Declarant,
which Declaration is recorded contem¬
poraneously and herewith, over, across,
through, under the Access
Easement Area described with particu¬
larity therein, said Easement
Appurtenant to Lot 4A being more par¬
ticularly described as follows:
ALL THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 682,
2nd District, 1st Section, Forsyth
County, Georgia, designated as Lot 4A,
and that being 1.759 acres, as delineated
on certain plat of survey prepared
for Dennis W. Levinge, Patrice A.
Levinge, Transamerica Small Business
Capital, Inc., and Lawyers Title
Insurance December Corporation, dated
22, 1998, prepared and cer¬
tified by Richard J. Webb, Georgia
Registered Land Surveyor No. 2507 of
Technical Land Services, Inc., d/b/a
Richard Webb & Associates, said sur¬
vey herein being by this specifically reference, incorporated and being
more particularly described as follows:
TO FIND THE TRUE POINT OF
BEGINNING commence at the point
formed by the intersection of the
northerly right-of-way line of Nine
McFarland Drive and the westerly right
of-way line of Georgia Highway 9
(being an 80-foot right-of-way); continu¬
ing thence in a northeasterly direction
along the aforementioned right-of-way
line of Georgia Highway 9, and follow¬
ing the curvature thereof, a distance of
693.14 feet to a point located on the
aforementioned right-of-way line, being
the southeastern corner of Lot 4A and
the northeastern corner of Lot 4B, and
being THE TRUE POINT OF BEGIN¬
NING; FROM THE TRUE POINT OF
BEGINNING THUS ESTABLISHED;
thence leaving the aforementioned
right-of-way line and running seconds North West 87
degrees 26 50.23 minutes 14 a
distance of feet to a point; thence
South 12 degrees 42 minutes 08 sec¬
onds West a distance of 20.58 feet to a
point; thence South 87 degrees 59 min¬
utes 55 seconds East a distance of
50.00 feet to a point located on the
westerly right-of-way line of Georgia
Highway 9; continuing direction thence in a
northeasterly mentioned along the afore¬
right-of-way line and along
the arc of a curve to the left an arc dis¬
tance of 20.13 feet to THE TRUE
POINT OF BEGINNING, said arc being
subtended by a chord bearing North 13
degrees having 35 minutes 20 seconds East
and a chord distance of 20.13
feet and a radius of 591.79 feet, as
delineated and set forth on the above
mentioned survey.
To the best of the knowledge of the
which undersigned, is the subject known Property,
commonly as 5950
Atlanta Highway, Alpharetta, Georgia
30004, is in the possession of DENNIS
W. LEVINGE and PATRICE A.
LEVINGE, and/or LEVINGE, INC. D/B/A
ALPHARETTA AUTO SPECIALISTS,
and/or tenants holding under any of
them.
the The Note Security dated Deed December was given to secure
28, 1998, in
the original principal amount of
$532,900.00, and made by DENNIS W.
LEVINGE and PATRICE A. LEVINGE to
the order of TRANSAMERICA SMALL
BUSINESS SERVICES, INC., as last
assigned to CAPX REALTY LLC, a
Delaware limited liability company (as
so assigned, said Note is hereinafter
referred to as the ’’Note' 1 ). The indebt¬
edness evidenced by the Note and
secured by the Security Deed (the
"Indebtedness") has been and is here¬
by declared due and immediately
payable because of default by Borrower
in payment of the Indebtedness in
accordance with Ihe terms of the Note
and the Security Deed and the failure of
Borrower 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
documents may not be provided until
final confirmation and audit of the sta¬
tus of the loan as provided above.
The proceeds of the sale of the
Properly shall be applied in accordance
with the Security Deed to (i) 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 beengiven pursuant to
O.C.G.A. § 13-1-11), (ii) payment of 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 parcel of real property: lying and
All that tract or land
being in Land Section, Lot 329 Forsyth of the County, 14th
District, 1st
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 refewnce 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. (1)
This 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
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 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 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. ELECTRONIC REGIS¬
MORTGAGE
TRATION SYSTEMS, INC.
as Attorney-in-Fact MAGUIRE for AND STACY P.
DARREN M.
MAGUIRE
David W. Adams, Esquire LLP
Ellis, Painter, Ratterree & Adams
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700 ATTEMPTING TO
THIS LAW FIRM IS
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 undersigned will of sell the at Courthouse public out¬
cry before the door
of Forsyth County, Georgia during the
legal hours of sale on the first Tuesday
in July 2008 to the highest described and best
bidder for cash the following
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
See LEGALS, Page 5B