Newspaper Page Text
PAGE 8B
LEGALS from Page 7B
BEGINNING, begin at an iron pin found
at the intersection of the centerline of
Trammel Road (60 foot right of way
shown) and the northerly line of Land
Lot 510 and being 1,141.1 feet easterly
from the northwest corner of Land Lot
510 as measured along the north line
of Land Lot 510; thence running easter¬
ly along the northerly line of Land Lot
510 a distance of 33.15 feet to a point;
thence running southwesterly along the
southeasterly right of way of Trammel
Rod (60 foot right of way) a distance of
78.80 feet to the point of beginning;
thence running south 82 degrees 42
minutes 50 seconds east a distance of
292.13 feet to an iron pin; thence run¬
ning south 00 degrees 36 minutes 18
seconds west a distance of 115.00 feet
to an iron pin; thence running north 89
degrees 23 minutes 42 seconds west a
distance of 360.77 feet to an iron pin
found and being 33.20 feet easterly to
the centerline of Trammel Road (60 foot
right of way) if said line were extended;
thence running 00 north 25 degrees 58
minutes seconds east a distance of
164.88 feet to an iron pin found and the
point of beginning, and containing 1.00
acres as per plat of survey for Robert
■ Yarnall and Sharon Yarnall, dated
August 8, 1994 by A. S. Giometti,
Registered Land Surveyor and being
known as 2223 Trammel Road,
Cumming, Georgia 30130 being the
present system of numbering houses in
Forsyth County, Georgia and LESS
AND EXCEPT and portion of the prop¬
erty located within the right of way of
Trammel Road as shown to be a 60 foot
right of way.
Parcel II
All that tract or parcel of land lying and
being in Land Lots 509 apd 510 of the
2nd District, 1st Section of Forsyth
County, Georgia and being more partic¬
ularly described as follows:
TO FIND THE TRUE POINT OF
BEGINNING, begin at an iron pin found
at the intersection of the centerline of
Trammel Road (60 foot right of way
shown) and the northerly line of Land
Lot 510 and being 1,141.1 feet easterly
from the northwest corner of Land Lot
510 as measured along the north line
of Land Lot 510; thence running easter¬
ly along the northerly line of Land Lot
510 a distance of 33.15 feet to a point
and the POINT OF BEGINNING; thence
running seconds south 89 degrees 12 minutes
37 east along the northerly
line of Land Lot 510 and Land Lot 509
a distance of 743.60 feet to a point
located"on the centerline of a branch;
thence running in a southerly direction
along the centerline of such branch a
distance of 270 feet, more or less, to
appoint and being south 05 degrees 28
minutes 57 seconds east a distance of
219.04 feet as the tie line from the cen¬
terline of the branch; thence running
north 89 degrees 23 minutes 42 sec¬
onds west a distance of 510.43 feet to
an iron pin found; thence running north
00 degrees 36 of minutes 18 seconds
east a distance 115.00 feet to an iron
pin found; thence running north 82
degrees 42 minutes 40 seconds west a
distance of 292.13 feet to an iron pin
found on the southeasterly side of
Trammel Road (60 foot right of way);
thence running north 25 degrees 58
minutes 00 seconds east along the
southeasterly right of way of Trammel
Road a distance of 78.80 feet to the
point of beginning, and containing
2.926 acres as per plat of survey for
Robert Yarnall and Sharon Yarnall
dated August 8, 1994 by A. S. Giometti,
Registered Land Surveyor, and being
known as 2225 Trammel Road,
Cumming, Georgia 30130 according to
the present system of numbering hous¬
es LESS in Forsyth EXCEPT County, Georgia and
AND any portion of the
property located within the right of way
of Trammel Road as shown to be a 60
foot right of way.
L920 6/4,11,18, 25
ADNUM: L921
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
By virtue of the power of sale contained
in that certain Georgia Security Deed
and Security Agreement from CSO
Holdings, Inc. to Branch Banking &
Trust Company, dated September 1,
2006, and recorded in Deed Book
4445, Page 452, Forsyth County,
Georgia Records, (hereinafter referred
to as "Deed to Secure Debt"), said
Deed to Secure Debt securing an
Promissory Note ("Note") in the original
principal sum of One Million Five
Hundred Thousand and No/100 Dollars
($1,500,000.00), with interest from said
date at the rate stated in said Note on
the unpaid balance until paid, there will
be sold by the undersigned at public
outcry to the highest bidder for cash
before the Courthouse at Forsyth
County, Georgia, within the legal hours
of sale on Tuesday, July 1, 2008, the
property described on Exhibit “A”
attached hereto and incorporated here¬
in by reference. The debts secured by
said Deed to Secure Debt have been
and are hereby declared due and
payable because of, among other pos¬
sible events of default, failure to make
payments on said Notes. The debts
remaining in default, this sale will be
made for the purpose of paying the
same and, all expenses of this sale,
Said including attorney's fees.
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
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Deeds to Secure Debt first
set out above, including, but not neces¬
sarily limited to. senior encumbrances
that will not be extinguished by the fore¬
closure sale contemplated by this
Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is CSD Holdings, Inc., or a
tenant or tenants, and said property is
Trammel more commonly known as 2271
Road, Cumming, Forsyth
County, Georgia 30130 However,
please refer only to the legal descrip¬
tion for the location of this property. The
undersigned reserves the right to sell
the properties separately or together.
Branch Banking & Trust Company
Attorney in Fact for CSD Holdings, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
404-252-1425
EXHIBIT "A"
Legal description
All that tract or parcel of land lying and
being in Land Lots 509 and 510 of the
2nd District, 1st Section of Forsyth
County, Georgia, and being more par¬
ticularly described as follows:
TO FIND THE TRUE POINT OF
BEGINNING, begin at the common
intersections of Land Lot 509, 510, 571,
and $72; thence North 00 degrees 17
minutes 00 seconds West 664.9 feet to
a point marked by a rock and the TRUE
POINT OF BEGINNING; the TRUE
POINT OF BEGINNING thus estab¬
lished, thence South 88 degrees 48
minutes 51 seconds East 582.07 feet to
a ppint in the centerline of a stream;
thence following the centerline of the
stream in a northeasterly, northwester¬
ly, northeasterly and northwesterly
direction the following courses and dis¬
tances; North 15 degrees 06 minutes
11 seconds East 120.68 feet to a point;
North 19 degrees 53 minutes 59 sec¬
onds East 50.13 feet to a point; North
19 degrees 37 minutes 13 seconds
East 19.70 feet to a point; North 51
degrees 47 minutes 59 seconds East
50.93 feet to a point; North 62 degrees
14 minutes 46 seconds East 58.57 feet
to a point; North 39 degrees 31 minutes
38 seconds West 51.49 feet to a point;
North 20 degrees 56 minutes 54 sec¬
onds East 62.77 feet to a point; North
FORSYTH COUNTY NEWS —Wednesday, June 11,2008
35 degrees 33 minutes 28 seconds
East 64.44 feet to point; North 06
degrees 14 minutes point; 13 North seconds West
51.06 feet to a 88 degrees
35 minutes 51 seconds West 893.38
feet to a point; said point being 15 feet
from the centerline of Trammel Road;
thence South 27 degrees 51 minutes
01 seconds West 71.68 feet to a point
thence South 34 degrees 42 minutes
33 seconds West 51.72 feet to a point;
thence South 42 degrees 17 minutes
24 seconds West 50.54 feet to a point;
thence South 52 degrees 00 minutes
33 seconds West 57.74 feet to a point;
thence South 57 degrees 40 minutes
31 seconds West 112.23 feet to a point;
thence South 49 degrees 05 minutes
33 seconds West 24.44 feet to a point;
thence South 37 degrees 51 minutes
31 seconds West 46.24 feet to a point;
thence South 34 degrees 13 minutes
10 seconds West 106.87 feet to a point;
thence South 36 degrees 22 minutes
18 seconds West 63.31 feet to a point;
thence South 87 degrees 40 minutes
00 seconds East 524.99 feet to the
POINT OF BEGINNING.
This tract of land is more specifically
described by survey and plat for Larry
& Lucy Berryhill, prepared Surveyor by Clyde N.
Mize, Registered Land No.
1625, dated July 9, 1985, and revised
July 25, 1985, and containing Plat 10.32
acres, and recorded in Book 22,
Page 283, Forsyth County, Georgia
records, which Plat is incorporated
herein and made a part hereof by refer¬
ence for a more detailed description.
L921 6/4,11,18, 25
ADNUM: L922
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale con¬
tained in that certain Deed to Secure
Debt, Assignment of Rents, Security
Agreement and Financing Deed") Statement
(hereinafter "Security from
Kingswood SunTrust Development, National LLC to
Bank, successor to
Bank of Commerce, dated December
22, 2003, recorded January 8, 2004 in
Deed Book 3177 at Pages 127-148,
Forsyth County, indebtedness Georgia Records,
given to secure an as evi¬
denced in that certain Promissory Note
dated June 1, 2007 in the original prin¬
cipal amount of $888,000.00, as modi¬
fied (hereinafter “Note"), with interest
from said date at the rate stated in said
Note on the unpaid balances until paid,
there will be sold by the undersigned at
public outcry to the highest bidder for
cash before the Courthouse at Forsyth
County, of Georgia, within the legal hours
sale on the first Tuesday in July,
2008, the property described on Exhibit
"A" attached hereto and incorporated
herein by reference. The debt secured
by the Security Deed has been and is
because hereby declared due other and payable
of, among possible
events of default, failure to make pay¬
ments on said Note and default in pay¬
ment of the obligations secured by the
Security Deed. The debt remaining in
default, this sale will be made for the
purpose of paying the same and all
expenses fees. of this sale, including attor¬
neys'
Said property will be sold subject to any
outstanding ad valorem taxes (including
taxes which are a lien, but not yet due
and be payable), any matters which might
disclosed by an accurate survey and
inspection of the property, any assess¬
ments, liens, encumbrances, zoning
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Security Deed first set out
above, including, but not necessarily
limited to, senior encumbrances that
will not be extinguished by the foreclo¬
sure sale contemplated by this Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is Kingswood
Development, LLC, its heirs or assigns,
or a tenant or tenants, and all or a por¬
tion of said real property is more com¬
monly known as Lots 1, 2, 3, 4, 5 and 6
of Unit 1, Section 2 of the Kingswood at
Castleberry Subdivision and Lot 25 of
Unit 1 of the Kingswood at Castleberry
Subdivision and 5.57 acres of land
located in Land Lot 199 of the 2nd
District, 1st Section, Forsyth County,
Georgia; however, please refer only to
the legal description for the location of
the property. Lender reserves the right
to foreclose on the lots individually or
as a whole.
NEAL J. QUIRK, ESQ
Attorney for SunTrust Bank
QUIRK & QUIRK, LLC *
325 Century Springs West
6000 Lake Forrest Drive, N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal ALL Description
THAT TRACT OR PARCEL OF
LAND lying and being in Land Lot 199
of the 2nd District, 1st Section of
Forsyth County, Georgia and being Lots
1, 2, 3, 4, 5 and 6, as shown on that
certain Final Subdivision Plat:
Kingswood Section at Castleberry, Unit 1,
2, prepared by George W.
Nelson. Jr., G.R.L.S. No. 966 of Shirley,
Nelson and Associates, Inc., dated
March 31, 2006, recorded in Plat Book
108. Pages 92-94, Forsyth County,
Georgia Records, which plat is incorpo¬
rated herein by reference thereto.
AND ALL THAT TRACT OR PARCEL
OF LAND lying and being in Land Lots
199 and 162 of the 2nd District, 1st
Section of Forsyth County, Georgia,
and being Lot 25, as shown in that cer¬
tain Final Subdivision Plat for:
Kingswood at Castleberry, Unit 1, pre¬
pared No. by George Shirley, Nelson, Jr., G.R.L.S.
966 of Nelson and
Associates, Inc., dated August 2, 2004,
recorded in Plat Book 86, Pages 1
through Georgia 5. inclusive, Forsyth County
Records, which plat is incorpo¬
rated herein by reference thereto.
AND ALL THAT TRACT OR PARCEL
OF LAND lying and being in land lot
199, 2nd district, 1st section, Forsyth
County, ularly Georgia and being more partic¬
described as follows: To find the
POINT OF BEGINNING of this tract,
commence at a point marking the inter¬
section of the west line of land lot 199
with the southerly edge of the right-of
way of Castleberry Road, (80foot right
of-way); From the point of thence commence¬ South
ment thus established run
00 degrees 46 minutes 52 seconds
West, along the west line of Iand199, a
distance of 687.97 feet to a point;
thence leaving said west line of land lot
199, run North 82 degrees 31 minutes
18 seconds East, a distance of 74.90
feet to a point at the center-line inter¬
section of two creeks and the POINT
OF BEGINNING of this tract. From the
POINT OF BEGINNING thus estab¬
lished, run along the center-line of a
creek the following courses and dis¬
tances, thence North 00 degrees 11
minutes 04 seconds West, a distance of
13.12 feet to a point; thence North 40
degrees distance 31 minutes 12 seconds East, a
of 22.03 feet to a point; thence
North 77 degrees 12 minutes 03 sec¬
onds East, a distance of 21.40 feet to a
point; thence North 67 degrees 00 min¬
utes 44 seconds East, a distance of
23.45 feet to a point; thence North 05
degrees 56 minutes 00 seconds West,
a distance of 18.17 feet to a point,
thence North 64 degrees 24 minutes 41
seconds East, a distance of 31.57 feet
to a point; thence North 24 degrees 10
minutes 16 seconds East, a distance of
8.23 feet to a point, thence North 68
degrees 34 minutes 58 seconds West,
a distance of 18.73 feet to a point;
thence North 46 degrees 50 minutes 42
seconds West, a distance of 10.56 feet
to a point; thence North 47 degrees 28
minutes 47 seconds East, a distance of
10.67 feel to a point; thence South 80
degrees distance 48 minutes 14 seconds East, a
of 13.40 feet to a point; thence
North 74 degrees 23 minutes 09 sec¬
onds East, a distance of 22.89 feet to a
point; thence South 69 degrees 00 min¬
utes 54 seconds East, a distance of
10.35 feet to a point; thence North 74
degrees 43 minutes 31 seconds East, a
distance of 9.88 feet to a point; thence
North 26 degrees 45 minutes 48 sec¬
onds East, a distance of 24.13 feet to a
point; thence North 35 degrees 35 min¬
utes 41 seconds West, a distance of
22.92 feet to a point; thence North 00
degrees 23minutes 39 seconds West, a
distance of 27.23 feet to a point; thence
North 38 degrees 26 minutes 15 sec¬
onds East, a distance of 14.71 feet to a
point; thence North 88 degrees 31 min¬
utes 44 seconds East, a distance of
38.26 feet to a point; thence North 28
degrees OOminutes 26 seconds East, a
distance of 29.92 feet to a point; thence
North 86 degrees 47 minutes 31 sec¬
onds East, a distance of 20.33 feet to a
point; thence South 77 degrees 15 min¬
utes 33 seconds East, a distance of
25.02 feet to a point; thence North 37
degrees 24 Minutes 45 seconds East, a
distance of 9.51 feet to a point; thence
North 37 degrees 24 minutes 45 sec¬
onds East, a distance of 6.08 feet;
thence North 75 degrees 14 minutes 42
seconds East, a distance of 11.36 feet
to a point; thence South 61 degrees 03
minutes 36 seconds East, a distance of
10.89 feet to a point; thence North 57
degrees 26 minutes 11 seconds East, a
distance of 25.26 feet to a point; thence
North 36 degrees 37 minutes 35 sec¬
onds East, a distance of 12.80 feet to a
point; thence North 16 degrees 45 min¬
utes 23 seconds West, a distance of
11.14 feet to a point; thence North 21
degrees 10 minutes 31 seconds East, a
distance of 10.00 feet to a point; thence
North 81 degrees 21 minutes 46 sec¬
onds East, a distance of 17.86 feet to a
point; thence North 43 degrees 11 min¬
utes 24 seconds East, a distance of
18.89 feet to a point; thence North 24
degrees 28 minutes 46 seconds East, a
distance of 11.25 feet to a point; thence
North 24 degrees 28 minutes 46 sec¬
onds East, a distance of 8.38 feet;
thence North 48 degrees 53 minutes 48
seconds West, a distance of 12.17 feet
to a point; thence North 02 degrees 01
minutes 25 seconds West, a distance of
10.57 feet to a point; thence North 88
degrees 33 minutes 26 seconds East, a
distance of 8.00 feet to a point; thence
North 69 degrees 55 minutes 18 sec¬
onds East, a distance of 11.00 feet to a
point; thence North 07 degrees 23 min¬
utes 59 seconds East, a distance of
12.48 feet to a point; thence North 28
degrees 04 minutes 29 seconds East, a
distance of 21.11 feet to a point; thence
North 30 degrees 09 minutes 59 sec¬
onds East, a distance of 11.41 feet to a
point; thence North 30 degrees 09 min¬
utes 59 seconds East, a distance of
23.08 feet; thence North 42 degrees 21
minutes 00 seconds East, a distance of
25.99 feet to a point; thence North 34
degrees 43 minutes 50 seconds East, a
distance of 10.14 feet to a point; thence
North 34 degrees 43 minutes 50 sec¬
onds East, a distance of 14.56 feet;
thence South 76 degrees 58 minutes
22 seconds East, a distance of 12.20
feet to a point; thence North 36 degrees
54 minutes 06 seconds East, a dis¬
tance of 14.29 feet to a point; thence
North 31 degrees 19 minutes 46 sec¬
onds West, a distance of 21.88 feet to a
point; thence North 50 degrees 48 min¬
utes 05 seconds East, a distance of
25.75 feet to a point; thence North 03
degrees 08 minutes 25 seconds East, a
distance of 2.64 feet to a point; thence
North 03 degrees 08 minutes 25 sec¬
onds East, a distance of 10.98 feet;
thence North 46 degrees 03 minutes 56
seconds East, a distance of 29.1 1 feet
to a point; thence North 25 degrees 42
minutes 37 seconds West, a distance of
13.71 feet to a point; thence North 58
degrees 26 minutes 39 seconds East, a
distance of 22.25 feet to a point; thence
North 58 degrees 26 minutes 39 sec¬
onds East, a distance of 17.97 feet;
thence North 33 degrees 48 minutes 53
seconds West, a distance of 7.49 feet
to a point; thence North 07 degrees 08
minutes 34 seconds East, a distance of
10.75 feet to a point; thence North 63
degrees 23 minutes 40 seconds East, a
distance of 20.80 feet to a point, thence
North 38 degrees 36 minutes 15 sec¬
onds West, a distance of 20.92 feet to a
point; thence North 45 degrees 08 min¬
utes 28 seconds East, a distance of
22.78 feet to a point; thence South 76
degrees 09 minutes 46 seconds East, a
distance of 14.12 feet to a point; thence
North 54 degrees 58 minutes 01 sec¬
onds East, a distance of 43.75 feet to a
point; thence leaving the center-line of
said creek, run South 22 degrees 30
minutes 00 seconds East, a distance of
163.81 feet to a point, thence South 16
degrees 12 minutes 00 seconds East, a
distance of 99.26 feet to a point, thence
South 08 degrees 13 minutes 44 sec¬
onds East, a distance of 119.15 feet to
a point; thence South 03 degrees 36
minutes 16 seconds East, a distance of
71.83 feet to a point; thence South 02
degrees 32 minutes 28 seconds West,
a distance of 128.87 feet to a point;
thence South 01 degrees 20 minutes
46 seconds West, a distance of 209.17
feet to a point in the center-line of a
creek; thence along the center-line of
said creek the following courses, North
68 degrees 06 minutes 56 seconds
West, a distance of 17.09 feet to a
point; thence North 87 degrees 02 min¬
utes 20 seconds West, a distance of
16.27 feet to a point; thence North 84
degrees 10 minutes 17 seconds West,
a distance of 24.77 feet to a point;
thence North 31 degrees 46 minutes 26
seconds West, a distance of 11.99 feet
to a point thence North 45 degrees 12
minutes 23 seconds West, a distance of
12.60 feet to a point; thence North 77
degrees 23 minutes 55 seconds West,
a distance of 11.83 feet to a point;
thence North 71 degrees 26 minutes 52
seconds West, a distance of 30.85 feet
to a point, thence North 77 degrees 08
minutes 58 seconds West, a distance of
22.99 feet to a point, thence North 70
degrees 02 minutes 37 seconds West,
a distance of 27.82 feet to a point;
thence North 65 degrees 54 minutes 00
seconds West, a distance of 25.26 feet
to a point; thence North 03 degrees 39
minutes 30 seconds West, a distance of
20.76 feet to a point; thence North 59
degrees 37 minutes 04 seconds West,
a distance of 20.55 feet to a point;
thence South 79 degrees 13 minutes
07 seconds West, a distance of 34.56
feet to a point; thence North 61 degrees
16 minutes 19 seconds West, a dis¬
tance of 26.15 feet to a point; thence
North 65 degrees 10 minutes 34 sec¬
onds West, a distance of 22.62 feet to a
point; thence North 70 degrees 25 min¬
utes 15 seconds West, a distance of
25.74 feet a point; thence North 82
degrees 17 minutes 04 seconds West,
a distance of 24.62 feet to a point;
thence South 81 degrees 43 minutes’
50 seconds West, a distance of 43.45
feet to a point; thence North 48 degrees
00 minutes 20 seconds West, a dis¬
tance of 23.15 feet to a point; thence
North 67 degrees 40 minutes 40 sec¬
onds West, a distance of 25.34 feet to a
point; thence North 86 degrees 03 min¬
utes 12 seconds West, a distance of
36.09 feet to a point; thence North 12
degrees 03 minutes 01 seconds West,
a distance of 24.07 feet to a point;
thence North 62 degrees 25 minutes 17
seconds West, a distance of 5.12 feet
to a point; thence South 86 degrees 27
minutes 23 seconds West, a distance of
30.09 feet to a point; thence North 81
degrees 28 minutes 49 seconds West,
a distance of 14.05 feet to a point;
thence North 79 degrees 55 minutes 05
seconds West, a distance of 25.52 feet
to a point; thence South 79 degrees 04
minutes 59 seconds West, a distance of
9.48 feet to a point; thence South 70
degrees 10 minutes 39 seconds West,
a distance of 22.51 f feet to a point;
thence South 89 degrees 42 minutes
02 seconds West, a distance of 11.74
feet to a point; thence North 81 degrees
06 minutes 52 seconds West, a dis¬
tance of 24.16 feet to a point; thence
South 88 degrees 33 minutes 18 sec¬
onds West, a distance of 10.19 feet to a
point; thence South 78 degrees 03 min¬
utes 25 seconds West, a distance of
39.20 feet to a point at the center-line
intersection of two creeks and the
POINT OF BEGINNING of this tract.
Containing 242,486 square feet or 5.57
acres, more or less, as disclosed on
•% that ALTA/ACSM Land Title Plat of
Survey Development, prepared for Kingswood
LLC, National Bank of
Commerce and First American Title
Insurance Company, dated 11-12-2004
bearing the stamp and seal of Stephen
B. Nelson, GRLS 2924, said survey
being incorporated herein by reference.
L922 6/4, 11,18, 25
ADNUM: L923
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale con¬
tained in that certain Construction
Deed to Secure Debt and Security
Agreement (hereinafter "Security
Deed") from R.H. Homes Development,
LLC. to SunTrust Bank dated June 28,
2006, recorded July 6, 2006 in Deed
Book 4346 at Pages 352-362, Forsyth
County, Georgia Records, given to
secure an indebtedness as evidenced
in that certain Promissory Note dated
July 1, 2007 in the original principal
amount of $2,648,750.00, as modified
(hereinafter "Note"), with interest from
said date at the rate stated in said Note
on the unpaid balances until paid, there
will be sold by the undersigned at pub¬
lic outcry to the highest bidder for cash
before the Courthouse at Forsyth
County, Georgia, within the legal hours
of sale on the first Tuesday in July,
2008, the property described on Exhibit
"A" attached hereto and incorporated
herein by reference. The debt secured
by the Security Deed has been and is
hereby declared due and payable
because of, among other possible
events of default, failure to make pay¬
ments on said Note and default in pay¬
ment of the obligations secured by the
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, including attor¬
neys' fees.
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
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Security Deed first set out
above, including, but not necessarily
limited to, senior encumbrances that
will not be extinguished by the foreclo¬
sure sale contemplated by this Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is R.H. Homes
Development, LLC, its heirs or assigns,
or a tenant or tenants, and all or a por¬
tion of said real property is more com¬
monly known as Lots 2, 7, 8 & 59,
Greystone Manor Subdivision, Forsyth
County, Georgia; however, please refer
only to the legal description for the
location of the property. Lender
reserves the right to foreclose on the
lots individually or as a whole
NEAL J. QUIRK, ESQ.
Attorney for SunTrust Bank
QUIRK & QUIRK, LLC
325 Century Springs West
6000 Lake Forrest Drive, N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal Description
All those tracts or parcels of land lying
and being in Land Lot 952 of the 2nd
District, 1st Section of Forsyth County,
Georgia, being Lots 2, 7, 8 and 59 on
that final Plat of Greystone Manor as
recorded in Plat Book 102, pages 12
through 34, Office of the Clerk of the
Superior Court of Forsyth County,
Georgia said plat being incorporated
herein by reference thereto. TOGETH¬
ER WITH: As an appurtenance, an
easement for pedestrian and vehicular
ingress and egress across the streets
depicted as Manor Creek Ct. and
Manor Glen Ln. on the above refer¬
enced plat.
L923 6/4, 11,18, 25
ADNUM: L924
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale con¬
tained in that certain Construction
Deed to Secure Debt and Security
Agreement (hereinafter "Security
Deed") from R.H. Homes Development,
LLC. to SunTrust Bank dated January
18, 2007, recorded January 22, 2007
in Deed Book 4606 at Pages 238-249,
Forsyth County, Georgia Records,
given to secure an indebtedness as evi¬
denced in that certain Promissory Note
dated January 18, 2007 in the original
^hereinafter principal amount of $1,142,200.00
"Note"), with interest from
said date at the rate stated in said Note
on the unpaid balances until paid, there
will be sold by the undersigned at pub¬
lic outcry to the highest bidder for cash
before the Courthouse at Forsyth
County, Georgia, within the legal hours
of sale on the first Tuesday in July,
2008, the property described on Exhibit
”A" attached hereto and incorporated
herein by reference. The debt secured
by the Security Deed has been and is
hereby declared due and payable
because of, among other possible
events of default, failure.to make pay¬
ments on said Note and default in pay¬
ment of the obligations secured by the
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, including attor¬
neys' fees.
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
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Security Deed first set out
above, including, encumbrances but not necessarily
limited to, senior that
will not be extinguished by the foreclo¬
sure sale contemplated by this Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is R.H. Homes
Development, LLC, its heirs or assigns,
or a tenant or tenants, and all or a por¬
tion of said real property is more com¬
monly known as Lot 3, Greystone
Manor Subdivision, Forsyth County,
Georgia; legal however, description please refer only to
the for the location of
the property. Lender reserves the right
to foreclose on the lots individually or
as a whole.
NEAL J. QUIRK, ESQ.
Attorney for SunTrust Bank
QUIRK & QUIRK, LLC
325 Century Forrest Springs West
6000 Lake Drive, N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
All Legal Description
that tract or parcel of land lying and
being in Land Lot 952 of the 2nd
District, 1st Section, Forsyth County,
Georgia, Subdivision, being Lot 3, Greystone Manor
Plat Book 102, as per plat recorded in
pages 12-34, Forsyth
County Records, said plat being incor¬
porated herein by reference thereto.
L924 6/4, 11,18, 25
ADNUM: L925
STATE OF GEORGIA
FORSYTH COUNTY
NOTICE OF SALE UNDER POWER
By virtue of the powers of sale con¬
tained in that certain Construction
Deed to Secure Debt and Security
Agreement from R.H. (hereinafter "Security
Deed") Homes Development,
LLC to SunTrust Bank dated January
10, 2007, recorded January 17, 2007
in Deed Book 4602 at Pages 674-684,
Forsyth County, Georgia Records,
given to secure an indebtedness as evi-
denced in that certain Promissory Note
dated January 10, 2007 in the original
principal amount of*$1,765,492.00
(hereinafter "Note"), with interest from
said date at the rate stated in said Note
on the unpaid balances until paid, there
will be sold by the undersigned at pub¬
lic outcry to the highest bidder for cash
before the Courthouse at Forsyth
County, Georgia, within the legal hours
of sale on the first Tuesday in July,
2008, the property described on Exhibit
"A" attached hereto and incorporated
herein by reference. The debt secured
by the Security Deed has been and is
hereby declared due and payable
because of, among other possible
events of default, failure to make pay¬
ments on said Note and default in pay¬
ment of the obligations secured by the
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, including attor¬
neys' fees.
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
ordinances, restrictions, easements,
covenants, and matters of record supe¬
rior to the Security Deed first set out
above, including, but not necessarily
limited to, senior encumbrances that
will not be extinguished by the foreclo¬
sure sale contemplated by this Notice.
To the best knowledge and belief of the
undersigned, the Party in possession of
the property is R.H. Homes
Development, LLC, its heirs or assigns,
or a tenant or tenants, and all or a por¬
tion of said real property is more com¬
monly known as Lot 57, Greystone
Manor Subdivision, Forsyth County,
Georgia; however, please refer only to
the legal description for the location of
the property. Lender reserves the right
to foreclose on the lots individually or
as a whole.
NEAL J. QUIRK, ESQ.
Attorney for SunTrust Bank
QUIRK & QUIRK, LLC
325 Century Springs West
6000 Lake Forrest Drive, N.W.
Atlanta, Georgia 30328
(404) 252-1425
Exhibit A
Legal Description
All that tract or parcel of land lying and
being in Land Lot 952 of the 2nd
District, 1st Section, Forsyth County,
Georgia, being Lot 57, Grpystone
Manor Subdivision, as per plat record¬
ed in Plat Book 102, pages 12-34,
Forsyth County Records, said plat
being incorporated herein by reference
thereto.
L925 6/4,11,18,25
ADNUM; L926
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
GEORGIA, FORSYTH COUNTY
Because of the default in the payment
of the indebtedness secured by a Deed
to Secure Debt executed by MARY
BETH MARTIN WILKIE to SCOTT
HARTNEY and KAREN HARTNEY,
dated September 17, 2003, and record¬
ed in Deed Book 3031, page 589, of
the records of the Clerk of the Superior
Court of Forsyth County, Georgia, said
deed having been modified by
Modification Agreement recorded in
Deed Book 4610. page 374, Forsyth
County Records, SCOTT HARTNEY
and KAREN HARTNEY, pursuant to
said deed and the note thereby secured
has declared the entire amount of said
indebtedness due and payable and pur¬
suant 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, Georgia, 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 496 and 441 of the
Third District and First Section of
Forsyth County, Georgia, and being Lot
2, containing 5 acres, more or less, as
shown on a plat for John McNew, dated
December 12, 1983, as prepared by
Leonard Savage for a 10.20 acre plat
less and except Lot 3, as deeded to
Robert Glover, Deed Book 609, Page
555; said plat is recorded in Plat Book
20, Page 14, Forsyth County, Georgia
records and reference is made therein
for a more complete description.
Also conveyed are all rights, privileges
and duties as set forth in a joint drive¬
way easement and restrictive
covenants, recorded in Deed Book 257,
Page 486, Forsyth County, Georgia
records.
The above-described real estate is
more commonly known as 263 Wilkie
Trail, Cumming, Georgia 30040
The sale will be subject to any unpaid
taxes and other assessments which
may be liens against the property.
Notice has been given of the intention
to collect attorney's fees in accordance
with the terms of the note and deed to
secure debt. Said property will be sold
as the property of MARY BETH MAR¬
TIN WILKIE and the proceeds will be
applied to the payment of said indebt¬
edness, the expenses and costs of
sale, including attorney's fees. Any
remaining proceeds will be applied pur¬
suant to said deed and the laws of the
State of Georgia.
The undersigned will execute a deed to
the purchaser at said sale as provided
for in the aforementioned deed to
secure debt. Said sale will divest all
the right, title and interest of the maker
thereof of said property and shall vest
said title in the purchaser at said sale.
SCOTT HARTNEY and KAREN HART¬
NEY
As Attorneys in Fact for
MARY BETH MARTIN WILKIE
RUSSELL, STELL, SMITH & MATTI
SON, P. C.
ATTORNEYS FOR SCOTT HARTNEY
and KAREN HARTNEY
485 Perry Street, Suite A
Lawrenceville, Georgia 30045
770-962-4437
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L926 6/4, 11,18, 25
ADNUM: L927
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Because of a default in the payment of
the indebtedness secured by a Security
Deed executed by Nadia Paron and
Ramon Aguilar to Mortgage Electronic
Registration Systems, Inc. dated
November 10, 2006, and recorded in
Deed Book 4530, Page 86, Forsyth
County Records, said Security Deed
having been last sold, assigned, trans¬
ferred and conveyed to Deutsche Bank
National HASCO Trust 2007-HE1, Company, as Trustee for
securing Note in the by Assignment
a of $200,000.00, original principal holder
amount the
thereof pursuant to said Deed and 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, July 1, 2008, during the
legal hours of sale, before the
Courthouse door in said 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 District, in 1st Land Section, Lot 305 Forsyth of the County, 2nd*
Georgia, Stonehaven being Lot 146. Pod F of
Pointe Subdivision, Phase
1, Unit 2, as per plat recorded in Plat
Book 86, Pages 250-267, Forsyth
County, Gborgia Records, which plat is
incorporated herein and made a part
hereof by reference.
Said property is known as 6035
together Ellington with Cove, all Cumming, fixtures GA personal 30040,
and
property attached to and constituting a
part of said property, if any.
Said property will be sold subject to any
outstanding ad valorem taxes (including
taxes which are a lien, whether or not
now 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
property, any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed
first set out above.
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U S. Bankruptcy Code
and (2) to final confirmation and audit
of the status of the loan with the holder
of the security deed.
Notice has been given of intention to
collect attorney's fees in accordance
with the terms of the Note secured by
said Deed.
Said property will be sold as the prop¬
erty of Nadia Paron and Ramon,
Aguilar, the property, to the best infor¬
mation, knowledge and belief of the
undersigned, being presently in the
possession of Ramon Aguilar; Nadia
Paron , and the proceeds 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 Deed, and the bal¬
ance, if any, will be distributed as pro¬
vided by law.
Deutsche Bank National Trust
Company, as Trustee for HASCO 2007
HE1 as Attorney-in-Fact for Nadia
Paron and Ramon Aguilar
File no. 08-002360
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP"
2872 Attorneys and Counselors at Law
Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/BB
www.swertfeger.net "THE
LAW FIRM IS ACTING AS A
DEBT COLLECTOR. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L927 6/4,11,18, 25
ADNUM; L928
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Because of a default in the payment of
the indebtedness secured by a Security
Deed executed by Paul R. Bedwell Jr.
and Christine A. Bedwell to Mortgage
Electronic Registration Systems, Inc.
dated October 28, 2005, and recorded
in Deed Book 4040, Page 441, Forsyth
County Records, securing a Note in the
original principal amount of
$208,800.00, the holder thereof pur¬
suant to said Deed and Note thereby
secured has declared the entire amount
of said indebtedness due and payable
and, pursuant to the power of sale con¬
tained in said Deed, will on the first
Tuesday, July 1, 2008, during the legal
hours of sale, before the Courthouse
door in said County, sell at public out¬
cry to the highest bidder for cash, the
property described in said Deed, to-wit:
All that tract or parcel of land lying and
District, being in 1st Land Section, Lot 1078 Forsyth of the County, 3rd
Georgia, Two, being Lot 33, Hyde Park, Unit
as per plat recorded in Plat Book
40, Pages 100-104, Forsyth County
Redords, said plat being incorporated
herein by reference thereto.
Said property is known as 4930 Hyde
Way, Cumming, GA 30040, together
with all fixtures and personal property
attached to and constituting a part of
said property, if any.
Said property will be sold subject to any
'outstanding ad valorem taxes (including
taxes which are a lien, whether or not
now 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
property, any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed
first set out above.
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit
of the status of the loan with the holder
of the security deed.
Notice has been given of intention to
collect attorney's fees in accordance
with the terms of the Note secured by
said Deed.
Said property will be sold as the prop¬
erty of Paul R. Bedwell Jr. and Christine
A. Bedwell, the property, to the best
information, knowledge and belief of
the undersigned, being presently in the
possession of Paul R. Bedwell, Jr. and
Christine A. Bedwell, and the proceeds
of said sale will be applied to the pay¬
ment of said indebtedness and all the
expenses of said sale, including attor¬
ney's fees, all as provided in said Deed,
and the balance, if any, will be distrib¬
uted as provided by law.
Mor-tgage Systems, Electronic Registration
Inc. as Attorney-in-Fact for
Paul R. Bedwell Jr. and Christine A.
Bedwell
File no. 08-003382
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP"
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/HF
www. swertfeger. net IS ACTING AS A
•THE LAW FIRM
DEBT COLLECTOR. ANY INFORMA¬
TION OBTAINED WILL BE USED FOR
THAT PURPOSE.
L928 6/4,11,18, 25
ADNUM: L929
STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER POWER
Because of a default in the payment of
the indebtedness secured by a Security
Deed executed by Amy Brinkerhoff to
Mortgage Electronic Registration
Systems, Inc. dated April 9, 2004, and
recorded in Deed Book 3329, Page
273, Forsyth County Records, said
Security Deed having been conveyed last sold,
assigned, transferred and to
The Bank of New York Trust Company,
NA, as successor-in-interest to
JPMorgan Chase Bank, National
Association as trustee for Bear Stearns
Asset Backed Securities Trust 2004-10,
by Assignment securing a Note in the
original principal amount thereof of
$168,650.00, the holder pur¬
suant to said Deed and Note thereby
secured has declared the entire amount
of said indebtedness due and payable
and, pursuant to the power of sale con¬
tained in said Deed, will on the first
Tuesday, July 1, 2008, during the legal
hours of sale, before the Courthouse
door in said County, sell at public out¬
cry 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 1065, 1090 & 1091. of
the 2nd District, 1st Section of Forsyth
County, Georgia, and being Lot 46, of
Hunters Run, as per plat recorded in
Plat Book 75, Page 74 of Forsyth
County, Georgia herein Records, and made which plat is
incorporated reference. a part
hereof by
Said property Is known as 455 Wood
Duck Court, Suwanee, GA 30024,
together with all fixtures and personal
property attached to and constituting a
part of said property, if any.
Said property will be sold subject to any
outstanding ad valorem taxes (including
taxes which are a lien, whether or not
now 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
property, any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed
first set out above.
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
See LEGALS, Page 9B