Newspaper Page Text
PAGE 8B
LEGALS from Page 7B
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 Charles Phipps, Jr. & Kathryn
Phipps 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 aforemen
tioned Security Deed.
Mortgage Systems, Electronic Registration
Inc.
Attorney Charles in Fact for
Phipps, Jr. Attorney/kjenrette
Anthony DeMarlo, L.L.C.
McCurdy & Candler,
(404)373-1612
www.mccurdycandler.com
File No. 08-15209 /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.
L520 8/6,13,20,27
ADNUM: L521
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Kathy M. Rogers to
Mortgage Electronic Registration 2005
Systems, Inc. dated $112,000.00, November 9, and
in the amount of
recorded in Deed Book 4084, Page 99,
Forsyth County, Georgia Records; Electronic as
last transferred to Mortgage
Registration Systems, Inc. by assign¬
ment; 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 September, 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 1335, 14th District,
1st Section, Forsyth County, Georgia,
being Lot 52, Windsor Woods, Section
One, as per plat recorded in Plat Book
30, Page 45, Forsyth County records,
which plat is hereby referred to and
made a part of this description, being
improved property having a house
thereon known as 5735 Windsor Drive,
according to the present system County, of
numbering houses in Forsyth
Georgia. of
which has the property address 5735
Windsor Drive, Gainesville, Georgia.,
together with all fixtures and other per¬
sonal property conveyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of
way, easements, protective covenants
or restrictions, liens, and other superior
matters of record which may affect said
property. •
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of the loan with the holder of
the security deed.
Notice has been given of intention to
collect attorneys' fees in accordance
with the terms of the note secured by
said deed.
Said property will be sold as the proper¬
ty of Kathy M. Rogers and thd proceeds
of said sale will be applied to the pay¬
ment 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
Kathy M. Rogers
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-15263/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.
L521 8/6,13,20, 27
ADNUM: L522
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Steven R. Sharp and
Whitney Sharp to Mortgage Electronic
Registration Systems, Inc., dated
August 31, 2001 in the amount of
$274,200.00, and recorded in Deed
Book 2046, Page 184, Forsylh County,
Georgia Records; as last transferred to
CitiMortgage, Inc. by assignment; the
undersigned, CitiMortgage, Inc. pur¬
suant 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 September, 2008 , dur¬
Courthouse ing,the legal hours of sale, at the
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 55 and 56 of the 2nd
District, 1st Section of Forsyth County,
Georgia, being Lot 520, Unit V,
Castlebrooke Subdivision, as recorded
in Plat Book 58, Pages 134-139,
Forsyth County Records, which plat is
incorporated herein and made a part
hereof by reference thereto,
which has the property address of 5475
A'<orshire Lane, Cumming, Georgia.,
. ther with all fixtures and other per
-.i:al 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
The property.
sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of the loan with the holder of
the security deed.
Notice has been given of intention to
collect attorneys' fees in accordance
with the terms of the note secured by
said deed.
Said property will be sold as the proper¬
ty of Steven R. Sharp and Whitney
Sharp 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 aforemen¬
tioned Security Deed.
CitiMortgage, Inc.
Attorney Steven in Sharp Fact for
R. and Whitney Sharp
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-13405 /FHLMC
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.
L522 8/6,13,20, 27
ADNUM: L523
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, executed secured by Spilliard a Security
Deed by Randy to
Mortgage Electronic Registration
J
Systems, Inc. $136,800.00, dated April 24, and 2006 in
the amount of record
ed in Deed Book 4267, Page 607,
Forsyth County, Georgia Citibank, Records; N.A., as
last transferred to as
Trustee for the certlficateholders of
Structured Asset Mortgage Investments
II Inc., Bear Stearns Alt-A Trust,
Mortgage Pass-Through Certificates
Series 2006-4 by assignment; the
undersigned, Citibank, N.A., as Trustee
for the certificateholders of Structured
Asset Mortgage investments II Inc.,
Bear Stearns Alt-A Trust, Series Mortgage
Pass-Through Certificates deed and the 2006-
4 pursuant to said 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 September, 2008 ,
during the legal hours of sale, at the
Courthouse door in Forsyth County, , sell
at public outcry to the described highest bidder in said for
cash, the property
deed to-wit:
All that tract or parcel of land lying and
being in Land Lot 273 of the 2nd
District, 1st Section of Forsyth County,
Georgia, and being Stonehaven known and Terrace, desig
nated as Lot 88 of
Unit One, as recorded at Plat Book 89,
Pages 250-257, Forsyth County,
Georgia Records, reference to said plat
of survey and the record thereof being
hereby made for a more complete legal
description. address of 5318
which has the property
Sherwood Way, Cumming, Georgia.,
together with all fixtures and other per¬
sonal property conveyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of
way, easements, protective covenants
or restrictions, liens, and other superior
matters of record which may affect said
property. conducted subject (1)
The sale will be
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 Randy Spilliard and the proceeds
of said sale will be applied to the pay¬
ment of said indebtedness, the expense
of said sale, all as provided in said
deed, and the undersigned will provided execute
a deed to the purchaser as in
the aforementioned Security Deed.
Citibank, N.A., as Trustee for the certifi¬
cateholders of Structured Asset
Mortgage Investments II Inc., Bear
Stearns Alt-A Trust, Mortgage Pass
Through Certificates Series 2006-4
Attorney in Fact for
Randy Spilliard
Anthony DeMarlo, Attorney/isheffield
McCurdy & Candler, L.L.C.
(404)373-1612
www.mccurdycandler.com
File No. 07-12114/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.
L523 8/6,13, 20, 27
ADNUM: L524
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Bradford Turner to
Buckhead Mortgage Associates, Inc.
dated October 20, 2005 in the amount
of $170,700.00, and recorded in Deed
Book 4069, Page 352, Forsyth County,
Georgia Citibank, Records; as last transferred to
N.A., as Trustee for the certifi¬
cateholders of Structured Asset
Mortgage Investments II Inc., Bear
Stearns Alt-A Trust, Mortgage Pass
Through Certificates Series 2006-4 by
assignment; the undersigned, Citibank,
N.A., as Trustee for the certificatehold¬
ers of Structured Asset Mortgage
Investments II Inc., Bear Stearns Alt-A
Trust, Mortgage Pass-Through
Certificates Series 2006-4 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 September, 2008 , dur¬
ing Courthouse thte legal hours of sale, at the
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 235 of the 14th
District, 1st Section of Forsyth County,
Georgia, being Lot 41, Block A, Wild
Meadows, Phase 1, as per plat record¬
ed in Plat Book 93, Pages 103-112,
Forsyth County Records, which plat is
incorporated herein and made a part
hereof by reference,
which has the property address of 4950
Fieldstone Bend Dr., Cumming,
Georgia., together with all fixtures and
other personal property conveyed by
said deed.
The sale wili 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
The property.
sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of the loan with the holder of
the security deed.
Notice has been given of intention to
collect attorneys' fees in accordance
with the terms of the note secured by
said deed.
Said property will be sold as the proper¬
ty of Bradford Turner and the proceeds
of said sale will be applied to the pay¬
ment 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.
Citibank, N.A., as Trustee for the certifi¬
cateholders of Structured Asset
Mortgage Stearns Investments Mortgage II Inc., Pass- Bear
Alt-A Trust,
Through Certificates Series 2006-4
Attorney in Fact for
Bradford Turner
Anthony DeMarlo, Attorney/isheffield
McCurdy & Candler, L.L.C.
(404)373-1612
www.mccurdycandler.com
File No. 08-02260 /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.
L524 8/6,13,20,27
ADNUM: L525
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Hugh G Walker to
Mortgage Electronic Registration
Systems, Inc, $147,300.00, dated April 1,2003 in the
amount of and recorded in
Deed Book 2716, Page 408, Forsyth
County, Georgia Records; as last trans¬
ferred to Mortgage Electronic
Registration Systems, Inc. by assign¬
ment; 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 September, 2008 ,
during Courthouse the legal door in hours Forsyth of sale, County, at sell the
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 654 of the 3rd District,
1st Section of Forsyth County, Georgia;
and being Lot 7, Sewell Place, as per
plat recorded in Plat Book Georgia 62, Pages
57-60, Forsyth County, records,
which plat is incorporated herein by ref¬
erence.
which has the property address of 5225
Plsgah Rd, Cummlng, Georgia.,
together with all fixtures and other per¬
sonal property conveyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of
way, easements, protective covenants
or restrictions, liens, and other superior
matters of record which may affect said
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of the loan with the holder of
the security deed.
Notice has been given of intention to
collect attorneys’ fees in accordance
with the terms of the note secured by
said deed.
Said property will be sold as the proper
ty of Hugh G Walker and the proceeds
of said sale will be applied to the pay
ment 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 Systems, Electronic Registration
Inc.
Attorney in Fact for
Hugh G Walker
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-15144 /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.
L525 8/6,13,20,27
ADNUM: L526
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Harry E. Ward to
PNC Mortgage Corp. of America dated
January 31, 1996 in the amount of
$94,400.00, and recorded in Deed Book
945, Page 696, Forsyth County, Georgia
Records; as last transferred to
Washington Mutual Bank fka
Washington Mutual Bank, NA
by assignment; the undersigned,
Washington Mutual Bank fka
Washington Mutual Bank, NA
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 September, 2008 ,
during the legal hours of sale, County, at the
Courthouse door in Forsyth 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 148 of the 14th
District, 1st Section of Forsyth County,
Georgia, being Lots 198 and 199 of
Shady Shores Development, Hill View
Section, according to plat recorded in
Plat Book 1, Page 390, Forsyth County,
Georgia Records, which plat is hereby
referred to and made a part of this
description.
which has the property address of 3110
Imperial Drive, Cumming, Georgia.,
together with all fixtures and other per¬
sonal property conveyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of
way, easements, protective covenants
or restrictions, liens, and other superior
matters of record which may affect said
property.
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of the loan with the holder of
the security deed.
Notice has been given of intention to
collect attorneys' fees in accordance
with the terms of the note secured by
said deed.
Said property will be sold as the proper¬
ty of Harry E. Ward 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.
Washington Mutual Bank fka
Washington Mutual Bank, NA
Attorney in Fact for
Harry E. Ward
Anthony DeMarlo, Attorney/smagnuson
. McCurdy & Candler, L.L.C.
(404)373-1612
www.mccurdycandler.com /FHLMC
File No. 08-16537
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.
L526 8/6,13,23,30
ADNUM: L527
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by David T. Watson to
Mortgage Electronic Registration
Systems Inc dated $127,500.00, October 27, 2006 in
the amount of and record
ed in Deed Book 4510, Page 83,
Forsyth transferred County, Georgia Deutsche Records; Bank as
last to Trust
Company Americas formerly krtown as
Bankers Trust Company, as Trustee
and Custodian for IXIS 2007-HE1 f/k/a by:
Saxon Mortgage Services, Inc.
Meritech Mortgage Services, Inc. as its
Attorney-in-Fact by assignment; the
undersigned, Deutsche Bank Trust
Company Americas Company, formerly known as
Banker's Trust as Trustee
and Custodian for IXIS 2007-HE1 f/k/a by:
Saxon Mortgage Services, Inc.
Meritech Mortgage Services, Inc. as its
Attorney-in-Fact 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
September, 2008 , during the legal
hours of sale, at the Courthouse door in
Forsyth County, sell at public outcry to
the described highest in bidder said deed for cash, to-wit: the property
All that tract or parcel of land lying and
being in Land Lot 151, 14th District, 1st
Section, Forsyth County, Georgia, Lot
305, Hllldale Section of Shady Shores
Subdivision, as per plat recorded in Plat
Book 4, Page 18, Forsyth County
Records, said plat is of incorporated this description. here
in and made a part
which has the property address of 4865
Brookwood 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
The sale will be conducted subject (1)
to confirmation that the sale is not pro¬
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of the loan with the holder of
the security deed.
Notice has been given of intention to
collect attorneys’ of fees in accordance
with the terms the note secured by
said deed.
Said will be sold as the proper
ty of David T Watson and the proceeds
of said sale will be applied to the pay
ment 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 Deed. provided in
the aforementioned Security Company
Deutsche Bank Trust
Americas formerly known as Banker's
Trust Company, as Trustee and
Custodian for IXIS 2007-HE1 by: Saxon
Mortgage Services, Inc. f/k/a Meritech
Mortgage Services, Inc. as its Attorney
in-Fact
Attorney in Fact for
>
David T. Watson
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com 08-11549/CONV
File No.
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.
L527 8/6,13, 20, 27
ADNUM: L528
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by Saynearirath Wright
to Aames Funding Corporation DBA
Aames Home Loan dated July 3, 2003
in the amount of $104,400.00, and
recorded in Deed Book 2918, Page 585,
Forsyth County, Georgia US Records; as
last transferred to Bank, National
Association as Trustee for SASCO
Aames Mortgage Loan Trust, Series
2003-1 by assignment; the undersigned,
US Bank, National Association as
Trustee for SASCO Aames Mortgage
Loan Trust, Series 2003-1 pursuant to
said deed and the note thereby
secured; has declared the entire
amount of said indebtedness due and
payable and pursuant in to the power of
sale contained said deed, will on the
first Tuesday in September, 2008 , dur
ing 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 149 of the 2nd
District, 1st Section of Forsyth County,
Georgia, being Lot 3, in Block C, Unit 1,
Lanier Country Club Estates, as per plat
recorded at Plat Book 1, Page 397,
Forsyth County, Georgia Records; which
plat is this hereby referred to and made a
part of description,
which has the property address of 965
Timberlake 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 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 Saynearirath Wright 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.
US Bank, National Association as
Trustee for SASCO Aames Mortgage
Loan Trust, Series 2003-1
Attorney in Fact for
Saynearirath Wright
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404)373-1612
www.mccurdycandler.com
File No. 07-07604 /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.
L528 8/6,13, 20,27
ADNUM: L529
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment of
the indebtedness, secured by a Security
Deed executed by John P Zakanycz to
Mortgage Electronic Registration
Systems Inc dated $612,500.00, November 6, 2006 in
the amount of and record¬
ed in Deed Book 4528, Page 86,
Forsyth County, Georgia Records; as
last transferred to Mortgage Electronic
Registration Systems, Inc. by assign¬
ment; the undersigned, Mortgage
Electronic Registration Systems, Inc.
pursuant to said deed and the note
thereby secured, of has indebtedness declared the
entire amount said due
and payable and pursuant to the power
of sale contained in said deed, will on
the first Tuesday in September, 2008 ,
during the legal hours of sale, County, at the
Courthouse door in Forsyth sell
at public outcry to the described highest bidder for
cash, the property in said
deed to-wit:
All that tract or parcel of land lying and
being District, in Land Lots 86 Section, and 151 Forsyth of the
14th 1st
County, Georgia, being Lot 38, Phase II,
Bald Ridge on Lanier, as per plat
recorded in Plat Book 19, Page 64,
Forsyth plat County, is Georgia by Records,
which incorporated reference
and made a part of this description.
which has the property address of 5325
Pilgrim Point Road, Cumming,
Georgia., other personal together with all fixtures and
deed. property conveyed by
said
The sale will be held subject to any
unpaid taxes, assessments, rights-of
way, restrictions, easements, protective and other covenants
or liens, superior
matters of record which may affect said
property.
The sale will be conducted subject (1)
to confirmation that the sale Is not pro
hibited under the U.S. Bankruptcy Code
and (2) to final confirmation and audit of
the status of the loan with the holder of
the security deed.
Notice has been given of intention to
collect attorneys' fees in accordance
with the terms of the note secured by
said deed.
Said property will be sold as the prop Cl
ty of John P Zakanycza and Equity Trust
Company, Custodian FBO Timothy J.
Hayden will IRA be and the proceeds of said
sale 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 afore
mentioned Security Deed.
Mortgage Systems, Inc. Electronic Registration
Attorney Zakanycz in Fact for
John P
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File,No. 08-14686 /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.
L529 8/6,13, 20, 27
ADNUM: L530
NOTICE OF SALE UNDER POWER
GEORGIA, FORSYTH COUNTY
Under and by virtue of the power of sale
contained in the Deed to Secure Debt
and Security Agreement "Security dated
November 16, 2007 (the
Agreement") MENTS, LLC, from Georgia VIRANI limited INVEST¬ liability
a
company OF GEORGIA (“Grantor"), to PATRIOT BANK
("Lender"), recorded in
Deed Book 4964, Page 235-266 In the
Forsyth ("Security County, Deed"); Georgia, Records
said Security Deed
begin given to secure payment of that
certain Note dated November 16, 2007,
given by Grantor in favor of Lender up
to the original principal amount of Three
Million One Hundred Forty Thousand
Five Hundred Thirty-Seven and no/100
Dollars ($3,140,537.00). There public will be
sold by the undersigned at outcry
by Lender as attorney-ih-fact of Grantor
to the highest bidder for cash before the
courthouse Georgia, door at Gwinnett County
within the legal hours of sale
on the first Tuesday of September,
2008, the property, known as 1614
Peachtree Parkway, Cumming, Georgia,
conveyed ("Property by said Security Deed
1 ') and described as follows,
to-wit:
All that tract or parcel of land lying and
being in Land Lot 809 of the 1st section
2nd District of Forsyth County, Georgia
and being more particularly described
as follows:
All that tract or parcel of land lying in
Land Lot 809 of the 1st section 2nd
District of Forsyth County, Georg ia and
being more particularly described as fol
tows:
COMMENCING at a point on the north¬
western most end of a mitered right-of
way of the southern right-of-way of
Commonwealth Trail (said road having a
right-of-way that varies) and the west¬
ern (said right-of-way of Peachtree Parkway
road having a right-of-way that
varies), POINT said point being THE TRUE
OR PLACE OF BEGINNING;
thence along said miter South 41
degrees 25 minutes 59 seconds East a
distance of 47.08 feet to a point; thence
along the western right-of-way of
Peachtree Parkway South 16 degrees
39 minutes 49 seconds West a distance
of 201.91 feet to a point; thence leaving
said right-of-way North 88 degrees 09
minutes 08 seconds West a distance of
263.62 feet to a point; thence North 02
degrees 05 minutes 04 seconds East a
distance of 247.15 feet to a point on the
southern right-of-way of Commonwealth
Trail; thence along said right-of-way
South 86 degrees 35 minutes 37 sec¬
onds East a distance of 136.17 feet to a
point; thence continuing along said
right-of-way distance along a curve to the right
an arc of 146.62 feet (said arc
having being a radius of 1072.84 feel and
subtended by a chord bearing of
South 82 degrees 40 minutes 43 sec¬
onds East a chord distance of 146.50
feet) to a point, said point being THE
TRUE POINT OR PLACE OF BEGIN¬
NING. Said tract containing 1.608
acres.
As per an as built plat of survey pre¬
pared for Commonwealth Plaza, delin¬
eated by Adam and Lee Land
Surveying, Gary L. Cooper GRLS No
2606, dated 1-11-06 and last revised
11-4-07. Together with all fixtures or
other improvements situated thereon
and all rights, titles and interests appur¬
tenant thereto.
The debt secured by said Security Deed
has been and is hereby declared due
and payable because, among other pos¬
sible events of default, of the Grantor's
failure to pay the interest and principal
when due. 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¬
ney's fees. To the best of the under¬
signed's knowledge and belief, the party
in possession of said Property is
Grantor, or tenants claiming by, through
or under Grantor. The above referenced
Property is nonresidential and was not
to be used as a dwelling place of
VIRANI INVESTMENTS, LLC at the
time of the entry of the Security Deed.
The Property will be sold on an "as is,
where is" basis without recourse against
Lender and without representation or
warranty of any kind or nature whatso¬
ever by Lender with respect thereto.
Said Property will be subject to any
matters which might be disclosed by an
accurate survey and inspection of the
property. Said Property will be sold sub¬
ject to any and all unpaid taxes or
assessments relating to the Property,
and all liens, encumbrances, easements
and other matters of record to which the
Security Deed is junior and inferior in
terms of priority including senior encum¬
brances that will not be extinguished by
the foreclosure sale contemplated by
this Notice.
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.
Patriot Bank of Georgia, as attorney-in
fact-for VIRANI INVESTMENTS, LLC
Wendy W. Kraby
/s/Wendy W. Kraby
MILES & TALLANT, LLC
320 Dahlonega Street, Suite 200
Cumming, Georgia 30040
(770) 781-4100
wkraby @ milesandtallant.com
Attorneys for Patriot Bank of Georgia
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT, AND ANY INFOR¬
MATION OBTAINED WILL BE USED
FOR THAT PURPOSE.
L530 8/6,13, 23, 30
ADNUM: L531
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale
contained in that certain Deed to
Secure Debt and Security Agreement
from Mandato & Associates, Inc. (the
"Grantor") to and in favor of Georgian
Bank (the "Lender") dated June 28,
2007, filed for record July 2, 2007, and
recorded in Deed Book 4804, Pages 41-
55, Forsyth County, Georgia records
(the “Security Deed''); securing: (i) that
certain Promissory Note from Grantor to
and in favor of Lender dated June 28,
2007, in the original principal sum of
ONE HUNDRED THOUSAND AND
00/100 DOLLARS ($100,000.00); and
(ii) that certain Promissory Note from
Grantor to and in favor of Lender dated
June 28, 2007, in the original principal
sum of ONE HUNDRED THOUSAND
AND 00/100 DOLLARS ($100,000.00)
(collectively, the "Notes"); there.will be
sold at public Grantor outcry by Lender as attor- bid¬
ney-in-fact cash of to the highest for
der for between the legal hours
sale before the Courthouse door in
Forsyth County, Georgia, on the first
Tuesday in September, 2008, the follow¬
ing described land, improvements and
appurtenances (hereinafter collectively
referred to as the "Premises”) to wit:
All that tract or parcel of land lying and
being in Land Lot 85 of the 2nd District,
1st Section of Forsyth County, Georgia,
being Lots 48 and 51, Gates at
Castleberry, as per plat recorded in Plat
Book 112, Page 150, Forsyth County
records, which plat is incorporated here¬ of
in by this reference and made a part
this description (the “Land").
Together with all buildings, structures
and improvements of every nature what¬
soever now or hereafter situated on the
Land, and all gas and electric fixtures,
radiators, heaters, engines and machin¬
ery, boilers, ranges, elevators and
motors, plumbing and heating fixtures, fire
carpeting and other floor coverings,
extinguishers and any other safety
equipment required by governmental
regulations or law, washers, dryers,
water heaters, mirrors, mantels, air con¬
ditioning apparatus, refrigerating plants, and
refrigerators, cooking window apparatus
appurtenances, and sashes, which screens,
awnings attached storm said buildings, are or
shall be to
structures or improvements and all
other furnishings, furniture, fixtures,
machinery, equipment, appliances, vehi¬
cles (excluding if any), Grantor's building personal supplies auto¬ and
mobiles,
materials, books and records, chattels,
inventory, accounts, farm products, con¬
sumer goods, general intangibles and
personal property of every kind and
nature whatsoever now or hereafter
owned by Grantor and located in or on
the Premises, including all extensions,
additions, improvements, betterments,
after-acquired property, renewals,
replacement from and substitutions, of or pro¬ of
ceeds a permitted sale any
the foregoing, and all the right, title and
interest of Grantor in any such furnish¬
ings, furniture, fixtures, machinery, and
equipment, appliances, vehicles covered
personal property subject to or condi¬
by and prior security agreement,
tional sales contract, chattel mortgage
or similar lien or claim, together with the
benefit of any deposits or payments
now or hereafter made by Grantor or on
behalf of Grantor,; all tradenames,
trademarks, servicemarks, logos and
goodwill related thereto which in any
way now or hereafter belong, relate of
appertain thereof to the Premises or any part
or are now or hereafter acquired
by Grantor; and all inventory, accounts,
chattel paper, documents, equipment,
fixtures, farm products, consumer goods
and general intangibles constituting pro¬
ceeds acquired with cash proceeds of
any of the property described herein¬
above.
Together with all easements, rights-of
way, strips and gores of land, vaults,
streets, ways, alleys, passages, sewer
rights, waters, water courses, water
rights and powers, minerals, flowers,
shrubs, crops, trees, timber and other
emblements now or hereafter located
on the Land or under or above the same
or any part or parcel thereof, and all
estates, leges, liberties, rights, titles, interests, privi¬
tenements, heredita¬
ments and appurtenances, reversion
and reversions, remainder and remain¬
ders, whatsoever, in any way belonging,
relating or appertaining to the Premises
or any part thereof, or which hereafter
shall in any way belong, relate or be
appurtenant thereto, whether now
owned or hereafter acquired by Grantor.
Together with all income, rents, issues,
from profits, and revenues of the Premises
time to time accruing (including
without limitation all payments under
leases or tenancies, proceeds of insur¬
ance, condemnation payments, tenant
security Grantor deposits whether held by
or in a trust account, and
escrow funds), and all the estate, right,
title, interest, property, possession,
claim and demand whatsoever at law,
as well as in equity, of Grantor of, in and
to the same.
The indebtedness evidenced by the
Notes is due and payable and remains
unpaid. The Security Deed therefore
has become and is now foreclosable
according Premises to its terms. Accordingly, the
will be sold at public outcry
pursuant to the terms of the power of
sale provided in the Security Deed.
The Premises will be sold on an "as is,
where is" basis without recourse against
Lender and without representation or
warranty of any kind or nature whatso¬
ever by Lender with respect thereto.
The proceeds of the sale are to be
applied first to the expenses of the sale
and all proceedings in connection there¬
with, including attorneys' fees (notice of
intention to collect attorneys' fees hav¬
ing been given), then to the payment of
all sums secured by the Security Deed,
and the remainder, if any, will be paid to
the person or persons legally entitled
thereto, all as provided in the Notes and
Security Deed. The Premises shall be
sold as the property of Grantor, subject
to all restrictions, easements and other
matters of record that are prior to the
Security Deed and to which the Security
Deed is subject and to any unpaid city,
county and state ad valorem taxes or
assessments relating to the Premises.
To the best of the undersigned's knowl¬
edge and belief, the owner of the
Premises is the Grantor and the party
or parties in possession of the Premises
is the Grantor or tenants of the Grantor.
GEORGIAN BANK
As Attorney-in-Fact for
MANDATO & ASSOCIATES, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
L531 8/6,13,23,30
ADNUM: L532
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power of sale
contained in that certain Construction
Loan Deed to Secure Debt and Security
Agreement from Mandato & Associates,
Inc. ("Mandato"), and Nicholas (col¬ L.
Mandato and Donna M. Mandato
lectively, the "Grantor") to and in favor of
Georgian Bank (the "Lender") dated
June 28, 2007, filed for record July 2,
2007, and recorded in Deed Book 4804,
Pages 64-69, Forsyth County, Georgia
records (the "Security Deed"); securing:
(i) that certain Promissory Note from
Mandato to and in favor of Lender dated
June 28, 2007, in the original principal SIXTY
sum of THREE HUNDRED
EIGHT THOUSAND AND 00/100 DOL¬
LARS ($368,000.00); and (ii) that cer¬
tain Promissory Note from Mandato to
and in favor of Lender dated June 28,
2007, in the original principal sum of
THREE HUNDRED SIXTY THOUSAND
AND 00/100 DOLLARS ($360,000.00)
(collectively, the "Notes"); there will be
sold at public outcry by Lender as attor
ney-in-fact of Grantor to the highest bid¬
der for cash between the legal hours for
sale before the Courthouse door in
Forsyth County, Georgia, on the first
Tuesday in September, 2008, the follow¬
ing described land, improvements and
appurtenances (hereinafter "Premises") collectively wit:
referred to as the to
All that tract or parcel of land lying and
being in Land Lot 85 of the 2nd District,
1st Section of Forsyth County, Georgia,
being Lots 49 and 50, Gates at
Castleberry, as per plat recorded in Plat
Book 112, Page 150, Forsyth County
records, which plat is incorporated here¬
in by this reference and made a part of
this description (the "Land").
Together with all buildings, structures,
and improvements now or hereafter ,
erected on the Land; all tenements,
easements, rights, appurtenances, royalties,
reversions, remainders, rents,
rights and profits to, from and apper¬
taining to, the Land; all minerals, oil,
gas, water, water rights and water stock,
rights to trees, crops, timber and shrubs
now or hereafter on the Land, all equip¬
ment, machinery, and fixtures now or
hereafter attached to the Land, ail of
which, including replacements and addi¬
tions thereto, shall be deemed to be and
remain a part of the property conveyed
by the Security Deed; any and all
awards or payments, including interest
thereon, and the right to receive same,
as a result of the exercise of the right of
condemnation, eminent domain, the
alteration of the grade of any street, or
any other injury to, taking of, or
decrease in, the value of any of the
foregoing property. evidenced by the
The indebtedness
Notes is due and payable and remains
unpaid. The Security Deed therefore
has become and is now foreclosable
according to its terms. Accordingly, the
Premises will be sold at public outcry
pursuant to the terms of the power of
sale provided in the Security Deed.
The Premises will be sold on an “as is,
where is" basis without recourse against
Lender and without representation or
warranty of any kind or nature whatso¬
ever by Lender with respect thereto.
The proceeds of the sale of are the to sale be
applied first to the expenses
and all proceedings in connection there¬
with, including attorneys' fees (notice of
intention to collect attorneys' fees hav¬
ing been given), then to the payment of
all sums secured by the Security Deed,
and the remainder, if any, will be paid to
the person or persons legally entitled
thereto, all as provided in the Notes and
Security Deed. The Premises shall be
sold as the property of Grantor, subject
to all restrictions, easements and other
matters of record that are prior to the
Security Deed and to which the Security
Deed is subject and to any unpaid city,
county and state ad valorem taxes or
assessments relating to the Premises.
To the best of the undersigned's knowl¬
edge and belief, the owner of the
Premises is the Grantor and the party
or parties in possession of the Premises
is the Grantor or tenants of the Grantor.
GEORGIAN BANK
As Attorney-in-Fact for
MANDATO & ASSOCIATES, INC., and
NICHOLAS L. MANDATO and
DONNA M. MANDATO
James M. Ottley, Esq. L.L.P.
Morris, Manning & Martin,
1600 Atlanta Financial Center
See LEGALS, Page 9B