Newspaper Page Text
WEDNESDAY. FEBRUARY 16,2011
LEGALS from Page 2C
All that certain parcel of land situ¬
ated Land Lot 467. 1st District, 1st
Section, County of Forsyth and
State ot Georgia being known and
designated as Lot 142, St Mario
Country Club. POD Nine, as per
plat recorded in Plat Book 38.
Pages 216-218, Forsyth County
Records, which plat is incorporat¬
ed herein and made a part hereof
The debt secured by said Security
Deed has been and Is hereby
declared due because of. among
other possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided The in the Note and Security
Deed debt remaining in
default, this sale will be made for
the purpose of paying the same
and all expenses of this sale, as
provided in the Security Deed and
by law. including attorney s fees
(notice of intent to collect attor¬
ney's fees having been given)
Said property is commonly known
as 6265 Southport Terrace,
Duluth, Georgia 30097 together
with all fixtures and personal prop¬
erty attached to and constituting a
part of said property, if any To the
best knowledge and beliet of the
undersigned, the party (or parties)
in possession of the subject prop¬
erty is (are) Martha G McGill
and Fred H Mogill or tenant or
tenants
Said property will be sold subject
to (a) any outstanding ad valorem
taxes (including taxes which ate a
lien, but not yet due and payable),
(b) the right of redemption of any
taxing authority, (c) any matters
which might be disclosed by an
accurate survey and inspection of
the property, and (d) any assess¬
ments, liens, encumbrances, zon¬
ing ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above
The sale will be conducted subject
to (1) confirmation that the sale is
not prohibited under the U S
Bankruptcy Code: and (2) final
confirmation and audit of the sta¬
tus of the loan with the holder of
the O Security Deed Pursuant to
C.G.A Section 9-13-172 1.
which allows for certain proce¬
dures regarding the rescission of
judicial and non-judicial sales Deed in
the State of Georgia, the
Under Power and other foreclo¬
sure documents may not be pro¬
vided until final confirmation and
audit of the status of the loan as
provided immediately above
HSBC Bank USA National
Association as Trustee for Wells
Corporation. Fargo Asset Securities
Mortgage Through Asset-Backed Pass- 2007
Certificates Series
016 as agent and Attorney in Fact
for Martha G McGill and Fred H
Mcgill Aldridge Connors, LLP. 780
Johnson Ferry Road, NE, Suite
600, Atlanta, Georgia 30342,
(678) 894-3400
THIS LAW FIRM MAY BE ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE, 1000-4589
L284 2/2, 9. 16. 23
gpn11 NOTICE OF SALE
UNDER POWER
FORSYTH COUNTY
Pursuant to the Power of Sale
contained in a Security Deed
given by Marne Bineta Ndoye and
Amar Gheye to Mortgage
Electronic Registration Systems,
Inc., as nominee for DHI Mortgage
Company, LTD. dated 7/14/2005
and recorded in Deed Book 3932
Georgia Page 249, Forsyth County,
records, as last trans¬
ferred to Wells Fargo Bank, NA by
Assignment filed for record in
Forsyth County, Georgia after-described records,
conveying the
property to secure a Note in the
original principal amount of $
179,856 00. with interest at the
rate specified therein, there will be
sold by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse door
of Forsyth County. Georgia, within first
the legal hours of sals on the
Tuesday in March, 2011 (March 1,
2011), the following described
property PARCEL
ALL THAT TRACT OR
OF LAND LYING AND BEING IN
LAND LOT 753 OF THE 2ND DIS¬
TRICT, 1ST SECTION OF
FORSYTH COUNTY. GEORGIA,
BEING LOT 157, OF ST CLAIRE
SUBDIVISION. PHASE 2. AS
PER PLAT RECORDED IN PLAT
BOOK 87, PAGES 244-254,
FORSYTH COUNTY RECORDS,
WHICH PLAT IS INCORPORAT¬
ED HEREIN AND MADE A PART
HEREOF BY REFERENCE
The debt secured by said Security
Deed has been and is hereby
declared due because of, among
other possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided in the Note and Security
Deed The debt remaining in
default, this sale will be made for
the purpose of paying the same
and all expenses of this sale, as
provided in the Security Deed fees and
by law, including attorney's
(notice of intent to collect attor¬
neys fees having been given).
Said property is commonly known
as 455 Grayson Way, Alpharetta,
fixtures Georgia 30004 together with all
and personal property
attached to and constituting a part
of said property, if any To the bast
knowledge and belief ot the
undersigned, the party (or parties)
in possession ot the subject prop¬
erty is (are) Marne Bineta Ndoye
and Amar Gheye or tenant or ten¬
ants
Said property will be sold subject
to: (a) any outstanding ad valorem
taxes (including taxes which are a
lien, but not yet due and payable),
(b) the right of redemption of any
taxing authority, (c) any matters
which might be disclosed by an
accurate survey and inspection of
the property, and (d) any assess¬
ments, liens, encumbrances, zon¬
ing ordinances, and restrictions, record
covenants, matters of
superior to the Security Deed first
set out above
The sale will be conducted subject
to (1) confirmation that the sale is
not prohibited under the U S.
Bankruptcy Code; and (2) final
confirmation and audit of the sta¬
tus of the loan with the holder of
the O.C.G.A Security Section Deed Pursuant to
9-13-172.1,
which allows for certain proce¬
dures regarding the rescission of
judicial and non-judicial sales in
the State of Georgia, the Deed
Under Power and other foreclo¬
sure documents may not be pro¬
vided until final confirmation and
audit of the status of the loan as
provided immediately above
Wells Fargo Bank, NA as agent
and Attorney in Fact for Marne
Bineta Ndoye and Amar Gheye
Aldridge Connors. LLP. 780
Johnson Ferry Road. NE, Suite
600. ¥BT Atlanta. Georgia 30342.
894-3400
LAW FIRM MAY BE ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE. 1000-4611
L285 2/2,9,16,23
gpnll NOTICE OF SALE
UNDER POWER
GEORGIA, FORSYTH COUNTY
Under and by virtue of the Power
of Sale contained in the following
described instrument, (hereinafter
referred to as the (Security
Deed()
Multifamily Deed to Secure Debt.
Assignment of Rents and Security
Agreement, dated as of July 22.
2008. executed by OVERLOOK
ASSOCIATES. INC a Georgia
corporation (-Borrower"), in favor
of Royal Bank of Canada a
Canadian chartered bank, record¬
ed July 23, 2008. in Deed Book
5189 Page 45, Forsyth County,
Georgia Deed Records and re-recorded 698.
in Book 5889, Page
Forsyth County. Georgia Records:
as transferred and assigned in
favor of Fannie Mae by that cer¬
tain Assignment of Deed to
Secure Debt, dated as of July 22,
2008. recorded In Deed Book
5189. Page 97, Forsyth County,
Georgia Deed’’), Records (the "Security
conveying the after described
property to secure a Multifamily
Note, dated as of July 22, 2008 in
the original principal amount of
TWO ) Million four hundred
NINETY-SIX THOUSAND AND
NO/100 DOLLARS
($2,496,000 00) with interest
thereon as set forth therein, there
will be sold at public outcry to the
highest bidder for cash befo re the
Courthouse door of Forsyth
County, Georgia, within first the Tuesday legal
hours of sale on the
in March. 2011. all of the following
described property and interests
and estates in property, land,
easements, rights, improvements,
personal property, fixtures, equip¬
ment and appurtenances (here¬
inafter collectively called the
(Property( or the (Premises!):
n All that tract or parcel
of land lying in Land Lot 61 of the
2nd District, 1st Section of Forsyth
County, City of Cumming Georgia, also being being in the
and more
particularly described as follows;
Beginning at a Concrete R-W
Monument located at the intersec¬
tion of Right-of-Ways of Tolbert
Street and Castleberry Road, this
being the True Point of Beginning:
THENCE along the Southeasterly
Right-of-Way of Tolbert Street,
North 63 degrees 00 minutes 24
seconds West for a distance of
44 50 feet to an IPS;
THENCE along a curve to the
right having a radius of 175 00
feet and an arc length of 87.13
feet, being subtended by a chord
of North 13 degrees 51 minutes
38 seconds East for a distance of
86.24 feet to a R-W Monument.
THENCE North 28 degrees 16
minutes 50 seconds East for a dis¬
tance of 48 21 feet to a point,
THENCE North 32 degrees 30
minutes 16 seconds East for a dis¬
tance of 29.11 feet to a point;
THENCE North 27 degrees 50
minutes 30 seconds East for a dis¬
tance of 55 45 feet to a point;
THENCE North 22 degrees 13
minutes 10 seconds East for a dis¬
tance of 50.54 feet to a point;
THENCE North 17 degrees 55
minutes 50 seconds East for a dis¬
tance of 44.75 feet to a point;
THENCE North 12 degrees 30
minutes 34 seconds East for a dis¬
tance of 45.90 feet to a point;
THENCE North 07 degrees 35
minutes 38 seconds East for a dis¬
tance of 67.67 feet to a point,
THENCE North 02 degrees 46
minutes 45 seconds East for a dis¬
tance of 128 87 feet to a point;
THENCE North 02 degrees 13
minutes 59 seconds West for a
distance of 165.29 feet to a R-W
Monument located at the intersec¬
tion of Right-of-Ways of Tolbert
Street and Anglin Drive;
THENCE along the Southwesterly
Right-of-Way of Anglin Drive,
North 42 degrees 07 minutes 55
seconds East for a distance of
21.54 feet to a R-W Monument;
THENCE South 89 degrees 14
minutes 12 seconds East for a dis¬
tance of 144.72 feet to a point;
THENCE South 81 degrees 18
minutes 44 seconds East for a dis¬
tance of 37 66 feet to a point;
THENCE South 69 degrees 57
minutes 56 seconds East for a dis¬
tance of 42.20 feet to a point;
THENCE South 56 degrees 55
minutes 36 seconds East for a dis¬
tance of 48 19 feet to a point;
THENCE South 47 degrees 15
minutes 24 seconds East for a dis¬
tance of 82 46 feet to a point;
THENCE South 52 degrees 01
minutes 01 seconds East for a dis¬
tance of 150 13 feet to a point;
THENCE South 49 degrees 20
minutes 12 seconds East for a dis¬
tance of 40.66 feet to a R-W
Monument;
THENCE South 12 degrees 06
minutes 02 seconds West for a
distance of 44.62 feet to a R-W
Monument at the intersection of
Right-of-Ways of Anglin Drive and
Castleberry THENCE Road; Northwesterly
along the
Right-of-Way of Castleberry Road. 34
South 51 degrees 01 minutes
seconds West for a distance of
738.03 feet to a R-W Monument,
thus being the True Point of
Together Beginning subject
with and to
covenants easements, and
restrictions of record.
Said property contains 4 873
acres more or less
The above-described tracts or
parcels are hereinafter referred to
as the "Land."
B. TOGETHER WITH, the Fixtures
(as that term is defined in the
Security C TOGETHER Deed); WITH,
the
Improvements (as that term is
defined in the Security Deed),
D TOGETHER WITH, the
Personalty Security (as that term is defined
in the Deed);
E. TOGETHER WITH, all current
and future rights, including air
rights, development rights, zoning
rights and other similar rights or
interests, easements, tenements,
rights-of-way, alleys, strips and roads, gores ot
land, streets sewer
rights, waters, watercourses, and
appurtenances related to or bene
fitting the Land or the
improvements, or both, and all
rights-of-way, which streets, alleys and
roads may have been or
may in the future be vacated;
F. TOGETHER WITH, all proceeds
paid or to be paid by any insurer
of the Land, the Improvements,
the Fixtures, the Personalty or any
other part of the Mortgaged
in Property the Security (as that Deed) term whether is defined
or
not Borrower obtained the insur¬
ance pursuant to Lenders
requirement;
G. TOGETHER WITH, all awards,
payments and other compensation
made or to be made by any
municipal, state or federal authori¬
ty with respect to the Land, the
Improvements, the Fixtures, the
Personalty or any other part ot the
Mortgaged Property, including any
awards or settlements resulting
from condemnation proceedings
or the total or partial taking of the
Land, the Improvements, the
Fixtures, the Personalty or any
other part of the Mortgaged
Property under the power of emi¬
nent domain or otherwise and
including any conveyance in lieu
thereof;
H TOGETHER WITH, all con¬
tracts. options and other agree¬
ments tor the sale of the Land , the
Improvements, the Fixtures, the
Personalty Mortgaged or any other part of the
Borrower Property entered future, into
by now or in the
deposited including cash or securities
to secure performance
by TOGETHER parties of their obligations;
I. WITH, all proceeds
from the conversion, voluntary or
involuntary, of any of the above
into cash or liquidated claims, and
the right to collect such proceeds
J TOGETHER WITH, all Rents
and Leases (as those terms are
defined in the Security Deed);
K TOGETHER WITH all earn¬
ings. royalties, accounts receiv¬
able. Issues and profits from the
Land, the Improvements or any
other part of the Mortgaged
Property, and all undisbursed pro¬
ceeds of the loan secured by the
Security Deed and. if Borrower is
a cooperative housing corpora¬
tion, maintenance charges or
assessments payable by share¬
holders or residents,
L TOGETHER WITH, all
Imposition Deposits (as that term
is defined in the Security Deed);
M TOGETHER WITH, all refunds
or rebates of Impositions by any
municipal, state or federal authori¬
ty or insurance company (other
than refunds applicable to periods
before the real property tax year in
which TOGETHER the Security Deed is dated),
N, WITH, all tenant
security deposits which have not
been forfeited by any tenant under
any Lease; and
O. TOGETHER WITH, all names
under Mortgaged or by which any of the
above Property may
be operated or known, and all
trademarks, trade names, and
goodwill relating to any of the
The Mortgaged debt secured Property by the Security
Deed has been and is hereby
declared due because of. among
other possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided in the Multifamily Note
and-Security Deed. The debt
remaining in default, this Sale will
be made for the purpose of paying
the same and all expenses of this
sale, as provided in the Security
Deed and by law, including attor¬
neys fees (notice of intent to col¬
lect attorneys fees having been
? iven).
he Property will be sold subject
to the following:
1. All taxes and assessments out¬
standing, including those which
are a lien not yet due and payable.
2. Rights of tenants in possession,
as tenants only, under unrecorded
leases
3. Laws and regulations of govern¬
mental authorities applicable to
the Property including, without
limitation, zoning.
4. The exact location of building
lines, unrecorded easements, pos¬
sible encroachments and other
facts or conditions which would be
disclosed by an accurate survey
and inspection of the Property;
and rights, if any, of persons who
may be in possession under
claims not appearing of record
5. Any other matters which might
be disclosed by an accurate sur¬
vey and inspection of the Property.
6, Rights of upper and lower ripar¬
ian owners in and to the waters of
creeks and branches, crossing or
adjoining flow the property, and the
natural thereof, free from
diminution or pollution.
7. Easement form Steve Jackson
to Georgia Power Company filed
February 23, 1987 and recorded
in Deed Book 359, Page 587,
Forsyth County, Georgia Records
8. Easement for construction and
maintenance of a power line from
Overlook Associates, Inc. to
Georgia Power Company, dated
December 5, 2003, filed January
15. 2004 and recorded in Deed
Book 3184. Pages 645-646, afore¬
said Records
9. Right-ol-Way Deed and
Easement granting a permanent
drainage easement from and other per¬
tinent rights Overlook
Associates, Inc. to Cit y of
Cumming, dated October 6, 2003.
filed December 30, 2004 and
recorded in Deed Book 3627,
Pages 273-279. aforesaid
Records
10. Easement for construction and
maintenance of a power line from
Overlook Associates, Inc. to
Georgia Power Company, dated
April 7, 2005, filed May 4, 2005
and recorded in Deed Book 3771,
Pages 154-155, aforesaid
Records.
11. All matters shown on plat of
survey entitled “Urban Class ALTA
/ ASCM Land Title Survey for
Overlook Associates, Inc., Royal
Bank of Canada & Commonwealth
Land Title Insurance Company"
(the Technical “Survey”), Services, prepared by
Land Inc.
d/b/a Richard Webb & Associates,
certified by Richard J. Webb,
Surveyor Registered No. Professiona! 2507. July Land 2,
dated
2008. including (A) dumpster pads
and detention pond and fence
appurtenant to subject property
violate the 35' building setback
line along the North, East and
South lines of subject property;
(B) a storage building and one
story storage building violate the
35 building setback line at the
Southwest corner of the subject
property; and (C) the detention
pond and fence appurtenant to
subject property encroach into
right-of-way adjoining East subject the
property on the along
East line of subject property
12. Any other assessments, liens,
encumbrances, zoning ordi¬
nances. restrictions, covenants
and matters of record superior to
the Security Deed first set out
above.
To the best knowledge and belief
of the undersigned, the party In
possession of the Property is
Hammond Residential Group, Inc
as court appointed Receiver for
Overlook Associates, Inc. and said
property is more commonly known
as Overlook Club Apartments,
2600 Castleberry Road,
Cummlng, GA 30040.
Fannie Mae. a corporation organ¬
ized and existing under the laws ot
the United States of America
as Overlook attorney-in-fact Associates, for Inc.
Linda C Pitts, Esq
Aldridge Connors. LLP
780 Johnson Ferry Road, Suite
600
Atlanta. Georgia 30342
(678) 894-3408
L286 2/2, 9,16, 23
gpnl 1 NOTICE OF SALE
UNDER POWER
FORSYTH COUNTY
Pursuant to the Power of Sale
contained in a Security Deed
given by Stanley E. Rutledge and
Teresa T Rutledge to Wells Fargo
Home Mortgage. Inc dated
11/20/2003 and recorded in Deed
Book 3131 Page 423, Forsyth
County, Georgia US records, Bank as last
transferred to National
Association, as Trustee for
WFASC 2005-AR8 by Assignment
filed for record in Forsyth County,
Georgia records, conveying the
after-described property to secure
a Note in the original principal
amount of $ 258,500 00, with
interest at the rate specified there¬
in. there will be sold by the under¬
signed at public outcry to the high¬
est bidder tor cash before the
Courthouse door of Forsyth
County. of Georgia, within first the Tuesday legal
hours sale on the
in March, 2011 (March 1, 2011).
All the following described property:
that tract or parcel of land lying
and being in Land Lots 447, 448,
449, 489, 490, 491, 519 8 520 of
the 3rd District, 1st Section,
Forsyth 18, Phase County, Green Georgia; being
Lot I, Summers
Subdivision, as per plat recorded
in Plat Book 72. Pages 76 through
80, Forsyth County records, which
plat is incorporated herein by ref¬
erence thereto
The debt secured by said Security
Deed has been and is hereby
declared due because of. among
other possible events of default,
failure to pay the indebtedness as
and when due and in the manner
providea in the Note and Security
Deed The debt remaining in
default, this sale will be made for
the purpose of paying the same
and all expenses of this sale, as
provided in the Security Deed and
by law. including attorney s tees
(notice of intent to collect attor¬
ney's fees having been given).
Said property is commonly known
as 4330 Morning Mist Lane.
Cummlng, Georgia 30040 togeth¬
er with all fixtures and personal
property attached to and constitut¬
ing a part of said property, if any
To the best knowledge and belief
of the undersigned, the party (or
parties) in possession ot the sub¬
ject property is (are): Stanley E
Rutledge and Teresa T Rutledge
or tenant or tenants
Said property will be sold subject
to: (a) any outstanding ad valorem
taxes (including taxes which are a
lien, but not yet due and payable),
(b) the right of redemption of any
taxing authority, (c) any matters
which might be disclosed by an
accurate survey and inspection of
the property, and (d) any assess¬
ments, liens, encumbrances, zon¬
ing ordinances, and restrictions, of record
covenants, matters
superior to the Security Deed first
set out above
The sale will be conducted subject
to (1) confirmation that the sale is
not prohibited under the U S.
Bankruptcy Code: and (2) final
confirmation and audit of the sta¬
tus of the loan with the holder of
the Security Deed Pursuant to
O.C.G A. Section 9-13-172.1,
which allows for certain proce¬
dures regarding the rescission of
judicial and non-judicial sales in
the State of Georgia, the Deed
Under Power and other foreclo¬
sure documents may not be pro¬
vided until final confirmation and
audit of the status of the loan as
provided immediately above.
US Bank National Association, as
Trustee for WFASC 2005-AR8 as
agent and Attorney in Fact for
Stanley E. Rutledge and Teresa T
Rutledge 780
Aldridge Connors, LLP,
Johnson Ferry Road, NE, Suite
600. Atlanta. Georgia 30342,
(678) 894-3400
THIS LAW FIRM MAY BE ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE 1000-4887
L288 2/2,9,16,23
gpn11 NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power
of sale contained with that certain
Deed to Secure Debt dated
September 10, Grace 2004, from Bayles Bradly
J. Bayles and Y. to
IndyMac Bank, F.S.B., recorded
on September 15, 2004 in Deed
Book 3497 at Page 590, in the
office of the Clerk of the Superior
Court of Forsyth County, Georgia,
and said Deed to Secure Debt
note having dated been September given to 10, secure 2004, a
in the amount of $256,000.00,
said note being in default, the
undersigned will sell at public out¬
cry during the legal hours of sale
before the door of the courthouse
of Forsyth County, Georgia, on
March 1, 2011, the following
described real property (here¬
inafter referred to as the
“Property"): ALL THAT TRACT OR
PARCEL OF LAND LYING AND
BEING IN LAND LOT 804 OF THE
14TH DISTRICT, 1ST SECTION,
FORSYTH COUNTY, GEORGIA,
AND BEING TRACT 2, 4.54
ACRES. MORE OR LESS,
ACCORDING TO A SURVEY FOR
BRADLEY J BAYLES BY J A
PAGE, JR. GA. RLS NO. 1894,
DATED MARCH 23, 2004,
REVISED APRIL 22, 2004, AND
BEING DESCRIBED AS FOL¬
LOWS: BEGINNING AT AN IRON
PIN ON THE WEST LINE OF
LAND LOT 804, WHICH PIN IS
LOCATED S 0 DEGREES 41'
55”W 225.93 FEET FROM THE
CONFLUENCE OF LAND LOTS
764, 765, 804, AND 805; RUN
THENCE S88 DEGREES 25' 58'E
116.0 FEET TO AN IRON PIN,
THENCE N 87 DEGREES
23'14"E 125.36 FEET TO AN
IRON PIN; THENCE N61
DEGREES 13’57”E 68.11 FEET
TO AN IRON PIN; THENCE N 33
DEGREES 19'40”E 63.34 FEET
TO AN IRON PIN; THENCE S65
DEGREES 33'1"E 4 8 FEET;
THENCE S75 DEGREES 19 38"E
24.08 FEET; THENCE S14
DEGREES 25' 56"E 32.93 FEET;
THENCE S54 DEGREES 17’ 24”E
24 52 FEET; THENCE S39
DEGREES 24' 32“E 85.55 FEET;
THENCE S51 DEGREES 56' 41"E
27.39 FEET; THENCE N 38
DEGREES 58 23" E 285.75
FEET; THENCE N 83 DEGREES
8’ 21 "E 48.69 FEET; THENCE S
52 DEGREES 41' 41 "E 205 91
FEET TO A POINT ON THE
WESTERN RIGHT OF WAY OF
LITTLE MILL ROAD (60' RIGHT
OF WAY), THENCE ALONG SAID
RIGHT OF WAY ALONG THE
ARC OF A CURVE TO THE
RIGHT A CURVILINEAR DIS¬
TANCE OF 24.12 FEET, SAID
CURVE HAVING A RADIUS OF
439,87 FEET AND SUBTENDED
BY A CHORD BEARING AND
DISTANCE OF S 32 DEGREES
38' 33"W 24 12 FEET THENCE
SOUTH 34 DEGREES 12" 48" W
36 01 FEET; THENCE LEAVING
SAID RIGHT OF WAY IN RUN¬
NING N 52 DEGREES 41'41 n W
185 47 FEET; THENCE S 38
DEGREES 58'23” W 100.16
FEET; S 15 DEGREES 56' 38" W
189.03 FEET TO THE CENTER
LINE OF A CREEK; THENCE
ALONG SAID CENTERLINE N25
DEGREES 42'IVW 13.12 FEET;
N45 DEGREES 4'35"W 25.72
FEET; AND N41 DEGREES 50'
10"W 34.14 FEET; THENCE
LEAVING SAID CREEK AND
RUNNING S51 DEGREES 49’ 54"
W 151 44 FEET; THENCE S52
DEGREES 29' 22”W 178 11
FEET; THENCE S 34 DEGREES
25’31"W 194.24 FFET; THENCE
N 89 DEGREES 18'9'W 165 24
FEET TO A POINT ON THE
WEST LINE OF LAND LOT 804,
THENCE N2 DEGREES 24'59"E
274.86 FEET; THENCE N2
DEGREES 33' 42"E 172.95 FEET
TO THE POINT OF BEGINNING
The debt secured by the Security
Deed and evidenced by the note
and has been, ana Is hereby,
declared due and payable
because of. among other possible
events of default, failure to make
the payments as required by the
terms of the Note The debt
remaining Is in default and thii
sale will be made tor the purposes
of paying the Deed to Secure
Debt, accrued interest, snd all
expenses of the sale, Including
attorneys' fees Notice of Intention
to collect attorneys’ fees law. has To been
g iven as provided by the
est of the undersigned's knowl¬
edge. the person(s) in possession
of the property Is/are Bradly J.
Bayles and Grace Y. Bayles. The
property, 7535 being Little commonly Road, known
as Mill
1btsythnews.com
Cummlng. Ga 30041 in Forsyth
County, will be sold as the Grace proper¬
ty ot Bradly J Bayles and Y.
Bayles, subject to any outstanding
ad valorem taxes (including taxes
which are a lien and not yet due
and payable), any matters affect¬
ing title to the property which
would be disclosed by accurate
survey and inspection thereof, and
all assessments, liens, encum¬
brances, restrictions, covenants,
and matters of record to the
Security Deed Albertelli Law
Attorney for Deutsche Bank
National Trust Company, as
Trustee of the IndyMac INDX
Mortgage Loan Trust 2006-AR3.
Mortgage Certificates. Series Pass-Through 2006-AR3
under the Pooling and Servicing
Agreement dated February Fact 1,
2006 as Attorney in fo
Bradly J Bayles and Grace Y.
Bayles 100 Galleria Parkway
Suite 960 Atlanta. GA 30339
Phone: (866) 690-0418 ASAP#
3893475
L289 2/2, 9,16. 23
gpn11 NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power
of sale contained with that certain
Deed to Secure Debt dated
November 1 1. 2005. from
Miguelita M Bhuiyan and Sarwar
H. Bhuiyan to Mortgage Electronic
Registration Systems, Inc., as
nominee for Just Mortgage Inc .
recorded on November 21, 2005
in Deed Book 4056 at Page 391,
in the office of the Clerk of the
Superior Court of Forsyth County.
Georgia, Debt and said Deed to Secure
having been given to secure
a note dated November 11, 2005.
in the amount of $650,000.00,
said note being in default, the
undersigned will sell at public out¬
cry during the legal hours of sale
before the door of the courthouse
of Forsyth County, Georgia, on
March 1, 2011, the following
described real property (here¬
inafter referred to as the
'Property'): ALL THAT TRACT OR
PARCEL OF LAND LYING AND
BEING IN LAND LOTS 447 AND
448, 1ST DISTRICT, 1ST SEC¬
TION FORSYTH COUNTY.
GEORGIA, AND BEING LOT 641,
POD 23, PHASE 1 -B, ST. MARLO
COUNTRY CLUB AS REFLECT¬
ED ON A PLAT OF SURVEY
RECORDED IN PLAT BOOK 77,
PAGES 29-39, FORSYTH COUN¬
TY RECORDS, TO WHICH PLAT
REFERENCE IS MADE FOR A
MORE PARTICULAR DELIN¬
EATION OF A METES, BOUNDS
AND COURSES DESCRIPTION
The debt secured by the Security
Deed and evidenced by the note
and has been, and is hereby,
declared due and payable
because of, among other possible
events of default, failure to make
the payments as required by the
terms of the Note. The debt
remaining is in default and this
sale will be made for the purposes
of paying the Deed to Secure
Debt, accrued interest, and all
expenses of the sale, including
attorneys' fees. Notice of intention
to collect attorneys' fees has been
given as provided by law. To the
best of the undersigned's knowl¬
edge, the person(s) in possession
of the property is/are Miguelita M.
Bhuiyan and Sarwar H. Bhuiyan.
The property, being commonly
known as 8360 Royal Melbourne
Way, Duluth, GA 30097 the’ In
Forsyth County, will be sold as
property of Miguelita M. Bhuiyan
and Sarwar H. Bhuiyan, subject to
any outstanding ad valorem taxes
(including taxes which are a lien
and not yet due and payable), any
matters affecting title to the prop¬
erty which would be disclosed by
accurate survey and inspection
thereof, and all assessments,
liens, encumbrances, restrictions,
covenants, and matters of record
to the Security Deed. Albertelli
Law Attorney for OWB REO, LLC
as Attorney in Fact for Miguelita
M Bhuiyan and Sarwar H
Bhuiyan 100 Galleria Parkway,
Suite 960 Atlanta, GA 30339
Phone: (866) 690-0418 By: James
E. Albertelli, Esq. For the Firm
ASAP# 3893157 02/02/2011,
02/09/201 1 02/16/2011
02/23/2011
L290 2/2,9,16, 23
gpn11 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 BRYAN C
ANDERSON to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS. INC. (“MERS") AS
NOMINEE FOR PULTE MO RT
GAGE, LLC , dated 05/27/2005,
and Recorded on 06/09/2005 as
Book FORSYTH No. 3820 and County, Page No. Georgia 366-
387,
records, as last assigned to THE
BANK OF NEW YORK MELLON.
FKA THE BANK OF NEW YORK
AS SUCCESSOR IN INTEREST
TO JP MORGAN CHASE BANK
NA AS TRUSTEE FOR STRUC¬
TURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR
STEARNS ALT-A TRUST 2005-8,
MORTGAGE PASS-THROUGH
CERTIFICATES. SERIES 2005-8,
by assignment, conveying the
after-described property to secure
a Note of even date in the original
principal amount of $166,184 00 ,
with interest at the rate specified
therein, 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 March, 2011.
the following described «L
ALL THAT TRACT OR
OF LAND LYING AND BEING IN
LAND LOT 1288 OF THE 3RD
DISTRICT, 1ST SECTION,
FORSYTH COUNTY, GEORGIA,
BEING LOT 338, FIELDSTONE
PARK, UNIT I, AS PER PLAT
RECORDED IN PLAT BOOK 86,
PAGES 25-42. FORSYTH COUN¬
TY, GEORGIA RECORDS,
WHICH SAID PLAT IS INCORPO¬
RATED HEREIN BY REFERENCE
AND MADE A PART HEREOF
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 indebt¬
edness as and when due and In
the manner provided in the Debt. Note
and Deed to Secure
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 attor¬
ney's fees (notice of intent to col¬
lect attorney's fees having been
given) The entity that has full
authority to negotiate, amend, and
modify all terms of the AMERICANS mortgage
with the debtor is:
SERVICING COMPANY, 3476
STATEVIEW BLVD , Foreclosure
MAC# X7801-013, FORT MILL,
SC 29715, 800-288-3212. Please
understand that the secured credi¬
tor is not required to negotiate, of
amend, or modify the terms To the
mortgage instrument the best
knowledge and belief of the
undersigned, the party/partles In
possession of the subject property
known as 3535 BALLYBANDON
CT, CUMMING, GEORGIA 30040
is/are BRYAN C ANDERSON or
tenant/tenants Said property will
be sold subject to (a) any out-
FORSYTH COUNTY NEWS
standing ad valorem taxes (includ¬
ing taxes which are a lien, but not
yet due and payable), (b) any mat¬
ters which might be disclosed by
an accurate survey and inspection
of the property, and (c) all matters
of record superior to the Deed to
Secure Debt first set out above,
including, but not limited to.
assessments, liens, encum¬
brances. zoning ordinances, ease¬
ments, restrictions, covenants,
etc The sale will be con¬
ducted subject to (1) confirmation
that the sale is not prohibited
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
procecfures regarding the rescis¬
sion of judicial and nonjudicial
sales in the State of Georgia, the
Deed Under Power and other fore¬
closure documents may not be
provided until final confirmation
and audit ot the status ot the loan
as provided in the preceding para¬
graph THE BANK OF NEW YORK
MELLON, FKA THE BANK OF
NEW YORK AS SUCCESSOR IN
INTEREST TO JP MORGAN
CHASE BANK NA AS TRUSTEE
FOR STRUCTURED ASSET
MORTGAGE INVESTMENTS II
INC BEAR STEARNS ALT A
TRUST 2005-8. MORTGAGE
PASS-THROUGH CERT I FI
CATES, SERIES 2005-8 as
Attorney in Fact for BRYAN C
ANDERSON THIS LAW FIRM IS
ACTING AS A DEBT COLLEC¬
TOR ATTEMPTING TO COLLECT
A DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
20110134000116 BARRETT,
DAFFIN & FRAPPIER, L.L.P. 4004
Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
L291 2/2.9,16, 23
gpn11 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 NATALIE S
BAGWELL AND NATHAN BAG
WELL to TRADITIONAL MORT¬
GAGE CORPORATION , dated
03/27/1997, and Recorded on
04/15/1997 as Book No 1103 and
Page No 597-603, FORSYTH
County, Georgia records, as last
assigned to CHASE HOME
FINANCE, LLC, by assignment,
conveying the after-described
property to secure a Note of even
date in the original principal
amount of $81,000.00, with inter¬
est at the rate specified therein,
there will be sold by the under¬
signed at public outcry to the high¬
est bidder for cash a1 the
FORSYTH County Courthouse
within the legal hours of sale on
the first Tuesday in March. 2011,
the following THAT TRACT described OR property PARCEL
ALL
OF LAND LYING AND BEING IN
LAND LOT 1337 OF THE 14TH
DISTRICT, 1ST SECTION.
FORSYTH COUNTY, GEORGIA,
BEING LOT 48 OF LAKE HAR
BOR SHORES SUBDIVISION. AS
PER PLAT THEREOF RECORD¬
ED IN PLAT BOOK 7, PAGE 161,
FORSYTH COUNTY RECORDS,
SAID PLAT BEING INCORPO
RATED HEREIN BY REFERENCE
THERETO. 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 attor¬
ney’s fees (notice of intent to col¬
lect attorney's fees having been
given). authority The negotiate, entity that amend, has full
to and
modify alt debtor terms of the mortgage HOME
with the is CHASE
FINANCE, LLC, 3415 VISION
DRIVE, Foreclosure. COLUMBUS,
OH 43219, 800-848-9136. Please
understand that the secured credi¬
tor is not required to negotiate,
amend, or modify the terms of the
mortgage instrument To the best
knowledge and belief of the
undersigned, of the party/parties in
possession the subject LAKESIDE properly
known as 6110
COURT, GAINESVILLE, GEOR¬
GIA 30506 is/are: NATALIE S
BAGWELL AND NATHAN BAG
WELL 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 dis¬
closed by an accurate survey and
inspection of the property, and (c)
all matters of record superior to
the Deed to Secure Debt first set
out above, Including, but not limit¬
ed to, assessments, liens, encum¬
brances, zoning ordinances, ease¬
ments, restrictions, covenants,
etc The sale wilt be con¬
ducted subject to (1) confirmation
that the sale is not prohibited
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 rescis¬
sion of judicial and nonjudicial
sales in the State of Georgia, the
Deed Under Power and other fore¬
closure documents may not be
provided until final confirmation
and audit of the status of the loan
as provided in the preceding FINA para
graph CHASE HOME NCE,
as Attorney in Fact for
NATALIE S BAGWELL AND
NATHAN BAGWELL THIS LAW
FIRM IS ACTING AS A DEBT
COLLECTOR ATTEMPTING TO
COLLECT A DEBT ANY INFOR
MATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
20100187437776 BARRETT,
DAFFIN & FRAPPIER, L L P. 4004
Beltline. Building Texas 2. 75001-4417 Suite 100
Addison,
Telephone: (972) 341-5398
L292 2/2,9,16, 23
gpnll 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 JAMES
EDDIE BALLEW JR AND TRICIA
MICHELLE BALLEW to MORT¬
GAGE ELECTRONIC REGISTRA¬
TION SYSTEMS, INC ("MERS”)
AS NOMINEE FOR PRIMARY
CAPITAL ADVISORS, LC. , dated
10/27/2008. and Recorded on
11/05/2008 as Book No 5260 and
Page No 659-670, FORSYTH
County, Georgia records, as last
assigned to WELLS FARGO
BANK. N.A . by assignment, con¬
veying the after-described proper¬
ty to secure a Note ot even date in
the orl 8 Inal principal amount of
$209,0 0.00, with interest at the
rate specified therein, there will be
sold by the undersigned bidder at public for
outcry to the highest
cash at the FORSYTH County
Courthouse within the legal hours
of sale on the first Tuesday In
March, 2011, the following
described property: ALL THAT
TRACT OR PARCEL OF LAND
See LEGALS 14 C
3 C