Newspaper Page Text
WEDNESDAY, FEBRUARY 16,2011
LEGALS from Page 4C
tract or parcel of land
LYiNG ANO BEING IN LAND LOT
1268 OF THE 14TH DISTRICT
Op AND THE FIRST SECTION
OF FORSYTH COUNTY, GEOR¬
GIA, AND BEING LOT 175 OF
CRYSTALCOVE V IS SHORES SUBDI
BOOK ION, AS PER A PLAT AT PLAT
COLLINS 6, PAGE 265, BY FARLEY
ISTERED & ASSOCIATES, REG¬
APRIL 8,1970. SURVEYORS, DATED
IN THE AND RECORDED
OF OFFICE OF THE CLERK
FORSYTH SUPERIOR COURT,
TO WHICH COUNTY, GEORGIA,
ERENCE PLAT SPECIFIC REF
IS MADE FOR A MORE
PARTICULAR DESCRIPTION OF
SAID PROPERTY The deb!
secured by said Deed to Secure
Debt has been and is hereby
declared due because of, among
other possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided In the Note and Deed to
Secure Debt Because the debt
remains In default, this sale will be
made for the purpose of paying
the same and all expenses of this
sale, as provided in the Deed to
Secure Debt and by law, including
attorney’s fees (notice of intent to
collect attorney's fees having been
given) The entity that has full
authority modify to negotiate, amend, and
all terms of the mortgage
with the debtor is WELLS FARGO
BANK, N A , 3476 STATEVIEW
BLVD , Foreclosure MAC# X7801
014, FT, MILL, SC 29715, 803-
396-6000. Please understand that
the secured creditor is not
required to negotiate, amend, or
modify the terms of the mortgage
instrument To the best knowl¬
edge and belief of the under¬
signed. the party/parties in pos¬
session of the subject property
known as 6645 SAWNEE WAY,
GAINESVILLE, GEORGIA 30506
is/are: KATHY J MCKINZIE AND
HARRY M MCKINZIE or
tenant/tenants. Said property will
be sold subject to (a) any out¬
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 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
status of the loan with the holder
of the security deed. Pursuant to
O.C.G A Section 9-13-172.1,
which allows for certain proce
dures regarding the rescission of
judicial and nonjudicial 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 in the para
graph WELLS FARGO BANK,
N.A. as Attorney in Fact for
KATHY J MCKINZIE AND HARRY
M MCKINZIE THIS LAW FIRM IS
ACTING AS A DEBT COLLEC¬
TOR ATTEMPTING TO COLLECT
A DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
20100169814543 BARRETT,
DAFFIN & FRAPPIER, L.L.P. 4004
Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
L303 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 CYNTHIA
A ROBINSON to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. (“MERS") AS
NOMINEE FOR MORTGAGE
LENDERS NETWORK USA. INC ,
dated 04/28/2006, and Recorded
on 07/26/2006 as Book No 4370
and Page No 668-687, FORSYTH
County. Georgia records, as last
assigned to U.S. BANK. NATION
AL ASSOCIATION, AS SUCCES¬
SOR TRUSTEE TO BANK OF
AMERICA, N A.. AS SUCCES¬
SOR BY MERGER TO LASALLE
BANK, N A , AS TRUSTEE FOR
THE CERTIFICATEHOLDERS TftUST. OF
THE MLMI SERIES 2006
MLN1, by assignment, conveying
the after-described property to
secure a Note of even date in the
original principal amount of
$362,400 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 property: ALL THAT
TRACT OR PARCEL OF LAND
LYING AND BEING IN LAND
LOTS 1209 AND 1210 OF THE
3RD DISTRICT, 1ST SECTION
OF FORSYTH COUNTY, GEOR¬
GIA AND BEING LOT 160 OF
ASHEBROOK, PHASE II AS
RECORDED IN PLAT BOOK 70.
PAGES 75-79, FORSYTH COUN¬
TY, GEORGIA, SAID PLAT IS
INCORPORATED HEREIN AND
MADE A PART HEREOF BY REF¬
ERENCE 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 ot paying Ihe 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 tees having been
given) The entity that has full
authority to negotiate, amend, and
modify all terms of the mortgage
with the debtor Is: BAC HOME
LOANS SERVICING, LP, PTX-C-
32, Foreclosure 7105 CORPO¬
RATE. PLANO. TX 75024, 800-
669-6650 Please understand that
the secured creditor is not
required to negotiate, amend, or
modify the terms of the mortgage
instrument To the best knowl¬
edge and belief of the under¬
signed, the party/parties in pos¬
session of the subject property
known as 4280 RHONDA LANE,
CUMMING, GEORGIA 30040
is/are. CYNTHIA A ROBINSON or
tenant/tenants Said property will
be sold subject to (a) any out¬
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 properly, 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.
et< 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
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 para¬
graph U S BANK, NATIONAL
ASSOCIATION . AS SUCCESSOR
TRUSTEE TO BANK OF AMERI¬
CA, N A . AS SUCCESSOR BY
MERGER TO LASALLE BANK,
N A„ AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
MLMI TRUST, SERIES 2.006
MLN1 as Attorney in Fact for
CYNTHIA A ROBINSON THIS
LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPT¬
ING TO COLLECT A DEBT ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
20100031412689 BARRETT.
DAFFIN & FRAPPIER, L L P, 4004
Beltline. Building 2. Suite 100
Addison, Texas 75001-4417
Telephone (972) 341-5398
L305 2/2, 9,16,23
gpntl Notice of Sale Under Power.
State of Georgia.
County of FORSYTH
Under and by virtue of the Power
ot Sale contained in a Deed to
Secure Debt given by PHILIP G
SALOMONE to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS. INC. (“MERS”) AS
NOMINEE FOR CITIZENS
FIDELITY MORTGAGE CORP ,
dated 11/24/2004, and Recorded
on 12/10/2004 as Book No 3599
and County. Page No 333-344, FORSYTH
assigned Georg to U. ia S. records, BANK, N.A as last by
.
assignment, conveying the after
described property to secure a
Note of even date in the original
principal amount of $157,543 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 THAT TRACT described OR property
ALL PARCEL
OF LAND LYING AND BEING IN
LAND LOT 1115 AND 1116, 3RD
DISTRICT. 1ST SECTION.
FORSYTH COUNTY, GEORGIA,
BEING LOT 99, LANIER
HEIGHTS SUBDIVISION AS
RECORDED IN PLAT BOOK 51
PAGES 92-98, FORSYTH COUN¬
TY, GEORGIA RECORDS, SAID
PLAT BEING INCORPORATED
HEREIN BY REFERENCE. The
debt secured by said Deed to
Secure Debt has been and is
hereby declared due because of,
among other possible events of
default, failure to pay the indebt¬
edness 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). The entity that has full
authority to negotiate, amend, and
modify all terms of the mortgage
with the debtor is: U.S BANK,
N A. C/O NATIONAL DEFAULT
SERVICING CORPORATION,
7720 N 16TH STREET,
Foreclosure SUITE 300,
PHOENIX, AZ 85020, 602-264-
6101. Please understand that the
secured creditor is not required to
negotiate, of amend, or modify the
terms the mortgage instrument.
To the best knowledge and belief
of the undersigned, the party/par¬
ties in possession of the subject
property known as 1960 LANIER
HEIGHTS DRIVE, CUMMING.
GEORGIA 30041 is/are: PHILIP G
SALOMONE or tenant/tenants
Said property will be sold subject
to (a) any outstanding ad valorem
taxes lien, (including taxes which are a
but not yet due and payable),
(b) any matters which might be
disclosed by an accurate survey
and inspection of the property,
and (c) all matters of record supe¬
rior to the Deed to Secure Debt
first set out above, including, but
not limited to, assessments, liens,
encumbrances, zoning ordi¬
nances, easements, restrictions,
covenants, etc The sale
will be conducted subject to (1)
confirmation that the sale is not
prohibited under the U.S.
confirmation Bankruptcy Code; and (2) final
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 nonjudicial 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 ot the status of the loan as
provided in the preceding para¬
graph. Attorney U.S. in Fact BANK. for PHILIP N.A. as G
SALOMONE THIS LAW FIRM IS
ACTING AS A DEBT COLLEC¬
TOR ATTEMPTING TO COLLECT
A DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
20100090100193 BARRETT,
DAFFIN 4 FRAPPIER, L.L.P 4004
Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398
L306 2/2, 9. 16, 23
gpnu 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 MILDRED
W SMALL to MORTGAGE ELEC¬
TRONIC REGISTRATION SYS¬
TEMS. INC (“MERS”) AS NOMI¬
NEE FOR COUNTRYWIDE
HOME LOANS, INC dated
02/07/2007, and Recorded on
02/15/2007 as Book No 4637 and
County, Page No 608-624, FORSYTH
assigned Georgia THE records, BANK OF as NEW last
to
YORK MELLON FKA THE BANK
OF NEW YORK, AS TRUSTEE
FOR THE CERTIFICATEHOLD¬
ERS, CWABS. INC.. ASSET
BACKED CERTIFICATES,
SERIES 2007-5 CERTIFICATES.
SERIES 2007-5, by assignment,
conveying the after-described
property to secure a Note of even
date in the original principal
amount of $139,500 00, with inter¬
est at the rate specified therein,
there will be sold by the under¬
signed bidder at public for outcry to the high¬ the
est cash at
FORSYTH County Courthouse
within the legal hours of sale on
the first Tuesday in March. 2011,
the ALL following THAT TRACT described OR property PARCEL
OF LAND LYING AND BEING IN
LAND LOT 35 OF THE 3RD DIS¬
TRICT, 1ST SECTION, FORSYTH
COUNTY. GEORGIA, BEING LOT
74, BLOCK E, JAMES S. MASH
BURN AND A C SMITH JR. SUB¬
DIVISION, AS PER PLAT
RECORDED IN PLAT BOOK 2,
PAGE(S) 108, FORSYTH COUN¬
TY RECORDS WHICH PLAT IS
INCORPORATED HEREIN BY
REFERENCE The debt secured
by said Deed to Secure Debt has
been and is hereby declared due
because of, among other possible
events of default, failure to pay the
indebtedness as and when due
and in the manner provided in the
Note and Deed to Secure Debt.
Because the debt remains in
default, this sale will be made for
the purpose of paying the t same
and all expenses of this sale, as
provided in the Deed to Secure
Debt and by law. including attor¬
ney's tees (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 mortgage
with the debtor is: BAC HOME
LOANS SERVICING. LP, PTX-C-
32, Foreclosure 7105 CORPO¬
RATE. PLANO, TX 75024. 800-
669-6650 Please understand that
the secured creditor is not
required to negotiate, amend, or
modify the terms of the mortgage
instrument To the best knowl¬
edge and belief of the under¬
signed. the of the party/parties In pos¬
session subject property
known as 6515 DAHLONEGA
HWY, CUMMING. GEORGIA
30040 is/are MILDRED W
SMALL or tenant/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)
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 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
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 para¬
graph. THE BANK OF NEW YORK
MELLON FKA THE BANK OF
NEW YORK, AS TRUSTEE FOR
THE CERTIFICATEHOLDERS,
CWABS, INC,, ASSET-BACKED
CERTIFICATES, SERIES 2007-5
CERTIFICATES, SERIES 2007-5
as Attorney In Fact for MILDRED
W. SMALL. THIS LAW FIRM IS
ACTING AS A DEBT COLLEC¬
TOR ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
20090031414567 BARRETT,
DAFFIN & FRAPPIER. L.L.P. 4004
Beltline, Building 2. Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398
L307 2/2, 9, 16,23
gpn11 STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power
of sale contained in that certain
Security Deed dated December
22, 2006, and recorded at Deed
Book 4574, Page 708, Forsyth
County Records (hereinafter,
together with all amendments and
modifications thereto, the
delivered "Security Deed”), executed and
by F-P PARTNERS, INC
(“Grantor”) in favor of PNC BANK,
NATIONAL ASSOCIATION
(“Lender”), to secure that certain
Note dated December 22, 2006, in
the $1,300,000 original (hereinafter, principal amount of
together
with all amendments and modifi¬
cations thereto, the “Note”), made
by Grantor to Lender's order,
Lender, as attorney-in-fact for
Grantor, will sell at public outcry to
the highest bidder for cash on the
courthouse steps of Forsyth
County, Georgia, within the legal
hours of sale on the first Tuesday
in March of 2011 (to-wit. March 1,
2011).. the following described
property (hereinafter collectively
referred to as the “ Property"):
la) ALL THAT TRACT OR
PARCEL OF LAND LYING AND
BEING IN LAND LOT 615 OF THE
2ND DISTRICT, 1ST SECTION
OF FORSYTH COUNTY. GEOR¬
GIA AND BEING LOT 3, GATE¬
WAY PARK OF SOUTH
FORSYTH, AS PER PLAT
THEREOF RECORDED IN PLAT
BOOK 55. PAGES 88-90.
FORSYTH COUNTY, GEORGIA
RECORDS, SAID PLAT BEING
INCORPORATED HEREIN BY
REFERENCE THERETO;
(b) TOGETHER WITH
ANY AND ALL of the following:
(i) all buildings, structures and
improvements now or hereafter
located on the Real Property or on
any part or parcel thereof and all
fixtures affixed or attached, actual¬
ly or constructively, thereto;
(ii) all and singular the tenements,
hereditaments, easements and
appurtenances belonging thereun¬
to or in any wise appertaining
thereto and the reversion and
reversions, remainder or remain¬
ders thereof;
(iii) all Rents (defined in the
Security Deed as all present and
future rents, revenues, income,
issues, royalties, profits, and other
benefits derived from the
Property) accruing therefrom,
whether now or hereafter due,
(iv) all accounts and contract
rights now or hereafter arising in
connection with any part or parcel
thereof or any buildings, struc¬
tures or improvements now or
hereafter buildings, affecting the land improve¬ or any
structures, or
ments thereon;
(v) all minerals, flowers, crops,
trees, timber, shrubbery and other
emblements now or hereafter
located thereon or thereunder or
on or under any part or parcel
thereof,
(vi) all estates, rights, title and
interest therein, or in any part or
parcel thereof .
(vil) all equipment, machinery,
apparatus, fittings, fixtures, furni¬
ture, furnishings, mobile homes,
modular homes and all personal
property of every kind or descrip¬
tion whatsoever now or hereafter
located thereon, or in or on the
buildings, structures and improve¬
ments thereon, and used in con¬
nection with the operation and
maintenance thereof, and all addi¬
tions thereto and replacements
thereof; and
(viii) all building materials, sup¬
plies. goods and equipment deliv¬
ered thereto and placed thereon
for the purpose of being affixed to
or installed or incorporated or oth¬
erwise used in the buildings,
structures or other improvements
now or hereafter located thereon
or any part or parcel thereof
To the best knowledge and belief
ot the undersigned, of the Grantor, Property
is in the possession or
others with the permission of
Grantor, including without limita¬
tion, a tenant or tenants thereof,
and may have been known from
time to time as 5860 GATEWAY
DRIVE, ALPHARETTA, GEOR¬
GIA 30004.
Lender may sell that portion of the
State Properly as Georgia under the laws of the
of may constitute
an estate or interest in real estate
either separately from that portion
of the Property which, under the
laws of the State of Georgia, may
constitute personalty and not an
intereet in real estate (the
"Personal Property"), in which
case separate bids will be taken
therefore, or collectively in a sin*
g le sale and lot and In a single
id. Lender may elect not to sell
the Personal Property at the same
time as the remainder of the
Property. Notice ot intent to sell
separately or in a single lot and
notice of Lender's election with
respect to sale of the Personal
sale Property With will regard be announced to the sale at the of
either the Real Property or the
Personal Property, or both. Lender
reserves the right to credit bid at
the sale all or any portion of its
debt
The Property will be sold on an
“AS IS, WHERE IS" basis, without
recourse against Lender and with¬
out representation or warranty of
any kind or nature whatsoever
with respect thereto, with no
assurance afforded as to the exacf
acreage contained in the Real
Property description and subject
to. among other exceptions, all of
the following (a) All outstanding
taxes liens, but (including payable), taxes which are
not yet assess¬
ments and utility bills which are
valid liens and encumbrances
upon any ot the Property and
which are prior in right to the
Security Deed, (b) Any and all
easements, restrictions
covenants, encumbrances and
other matters which would be
revealed by an inspection or accu¬
rate survey of the Property; (c) All
valid zoning ordinances; (a) Rights
of tenants under recorded and
unrecorded leases, (e) All valid
federal tax liens (if any) affecting
any ol the Property and the rights
of the United States Government
relative thereto, including, but not
limited to, the right of redemption
of the United States Government,
if any such rights validly exist, and
any rights of redemption of the
United States Government; and (f)
Any and all easements, limita¬
tions, restrictions, reservations,
covenants and encumbrances of
record to which the Security Deed
is subordinate in terms of priority
The debt secured by the Security
Deed and evidenced by the Note
has been reduced to judgment in
Civil Action File Number 1:10-cv-
1375-ODE in the United States
District Court for the Northern
District of Georgia, Atlanta
Division, by Default Judgment
entered and filed of record on
September 22, 2010. This sale will
be made for the purpose of paying
same and all expenses of said
sale, as provided in the Default
Judgment, Note and Security
Deed. The balance, if any, will be
distributed as provided by law
PNC BANK, NATIONAL ASSOCI¬
ATION, as atlorney-in-fact for F-P
PARTNERS, INC.
BROSNAHAN, CARPENTER,
LYONS 4 SMITH, LLP
Attorneys for Lender
Charles W. Lyons, Esq.
51 Lenox Points, NE
Atlanta, Georgia 30324
(678) 805-4458
L308 2/2, 9,16, 23
gpn11 Notice of Sale Under Power
Georgia, Forsyth County
Under and by virtue of the Power
of Sale contained in that certain
Security Deed given by Metro
Erosion Leasing, LLC (the
"Grantor") to Regions Bank (the
“Lender") dated September 21,
2007 and recorded October 2,
2007 in Deed Book 4911, Pages
official 741-748, Forsyth County, Georgia
records (together with any
and all amendments and modifica¬
tions, hereinafter referred to as
the "Security Deed"), conveying
the property described below to
secure repayment of (i) that cer¬
tain Promissory Note dated
September 21. 2007 made
payable by Grantor to the order of
Lender in the maximum principal
amount of $382,500.00, together
with interest thereon as set forth
therein; and (ii) any and all other
obligations, debts and liabilities,
plus interest thereon, of Grantor to
Lender, whether now existing or
hereafter (together with any and
all amendments or modifications,
collectively hereinafter referred to
as the "Secured Indebtedness"),
there will be sold at public outcry
to the highest bidder for cash
before the Courthouse door of
Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in March, 2011 (being
March 1, 2011) the following
described parcel of real property
together with all improvements,
fixtures, easements, heredita¬
ments, rights, members, appurte¬
nances. and personalty located
thereon and described in the
Security Deed:
All that tract or parcel of land lying
and being in Land Lot 1058, 3rd
District, 1st Section, Forsyth
County, Georgia, and being 2.198
acres as shown on a plat for Metro
Erosion Leasing, LLC, dated
August Richard 31, 2007 as surveyed by
J, Webb, Registered Land
Surveyor, which describes the
property more particularly as fol¬
lows:
To Arrive at the True Point of
Beginning, commence at the
Northeast corner of Land Lot
1058; thence along the East origi¬
nal line of Land Lot 1058 South 01
degrees 00 minutes 00 seconds
West 220.00 feel to a point;
thence leaving said East original
line North 89 degrees 06 minutes
46 seconds West 544.88 feet to a
point within the right of way of
Tower Road; thence South 00
degrees 49 minutes 48 seconds
West 62 55 feet to the True Point
of Point Beginning; of Beginning, thence leaving from said said
right minutes of way 38 seconds North 71 East degrees 90.86 48
feet to a point; thence North 88
degrees 25 minutes 51 seconds
East 63.31 feet to a point; thence
South 03 degrees 34 minutes 13
seconds East 190.60 feet to a
point; thence South 54 degrees 36
minutes 04 seconds East 72 87
1eet to a point; thence South 80
degrees 37 minutes 09 seconds
East 113.33 feet to a point;
thence South 08 degrees 30 min¬
utes 55 seconds West 163.75 feet
to a point; thence North 89
degrees 15 minutes 39 seconds
West 354,48 feet to a point within
the right of way of Tower Road;
thence along said right of way the
following courses and distances:
North 18 degrees 24 minutes 15
seconds East 29.78 feet to a
point, North 16 degrees 33 min¬
utes 12 seconds East 47.53 feet
to a point; North 12 degrees 47
minutes 23 seconds East 59 29
feet to a point North 10 degrees
41 minutes 17 seconds East
65.43 feet to a point; North 02
degrees 49 feet minutes 53 seconds
East 51.52 to a point; North
00 degrees 14 minutes 58 sec¬
onds East 57 62 feet to a point,
and North 03 degrees 54 minutes
29 seconds West 73.36 feet to the
Point of Be ginning, said property
being more fully described accord
ing to the above referenced plat
which is incorporated herein by
reference for a more complete
description thereof
The above-described property is
improved properly known as 101
Tower Road, Cumming, Georgia
30040, according to the present
system of numbering property in
The Forsyth Secured County, Indebtedness Georgia
has
been and is hereby accelerated
and declared due because of,
among other possible events of
default, failure to pay the Secured
Indebtedness as and when due
and In the manner provided in the
instruments Secured evidencing the
Indebtedness and
Security Deed. The Secured
Indebtedness remaining in default,
the sale will be made for purposes
of paying the same and all
forsythnews.com
expenses of this sale, as provided
in the Security Deed and by law,
including of attorney's collect fees (written
notice intent to attor¬
ney's fees having been given)
Said property will be sold subject
to any outstanding ad which valorem
taxes (including taxes and payable), are a
lien, but not yet due
any matters which might be dis¬
closed by an accurate survey and
inspection of the properly, any
assessments, liens, encum¬
brances. zoning ordinances,
restrictions, covenants and mat¬
ters of record superior to the
Security Deed belief
To the best knowledge and
of the undersigned, the party in
possession of the property is the
Grantor or a tenant or tenants
claiming REGIONS through BANK, it Attorney-in-Fact
and Agent for Metro l rosion
Leasing, LLC
Erich N. Durlacher
Burr 4 Forman LLP
Suite 1100, 171 Seventeenth
Street, N.W
Atlanta, Email: edurlach@burr Georgia 30363
com
(404) 815-3000
THE (404)214-7387 LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPT¬
ING TO COLLECT A DEBT ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
L309 2/2.9,16, 23
gpn11 Notice of Sale Under Power
Forsyth County, Georgia
Under and by virtue of the Power
of Sale contained in that certain
Security Deed given by John W
Turner, II (“Grantor”), to Regions
Bank (“Lender) dated August 30,
2002 and recorded September 11,
2002 in Deed Book 2427, Pages
158-167, Forsyth County. Georgia
official records (the “Security
Deed"), conveying the property
described below to secure repay¬
ment of (i) that certain Promissory
Note dated August 30, 2002,
payable by Grantor to Lender in
the principal amount of
$712,551.00, together with inter¬
est thereon as set forth therein,
and (ii) any and all other obliga¬
tions, debts and liabilities, Grantor plus
interest thereon, of to
Lender, whether now existing or
hereafter created (including any
amendment, extension, modifica¬
tion, and renewal, the "Secured
Indebtedness”), there will be sold
at public outcry to the highest bid¬
der for cash before the
Courthouse door of Forsyth
County, Georgia, within the Tuesday legal
hours of sale on, the first
in March 2011 (being March 1,
2011) the following described
property Georgia, located in Forsyth
County, together with all
improvements, personalty, fix¬
tures, easements, hereditaments,
rights, members, and appurte¬
nances located thereon and
described in the “Property”): Security Deed
(collectively, the
All that tract or parcel of land lying
and being in Land Lot 1177 of the
3rd District, 1st Section of Forsyth
County, Georgia, being 1 acre as
shown in a survey for the George
E. Wilson Memorial Health
Services, Inc., dated June 12.
1980, as prepared by Clyde N
Mize, RLS No. 1625, and recorded
at Plat Book 16, page 37, Forsyth
County Records, which survey
and record thereof are incorporat¬
ed herein by reference for a more
complete description of the
Property
Said tract is also depicted as 98
acres in a survey for Trust
Company Bank of North Georgia,
William H. Avara (sic) and Marjorie
H. Avara (sic) dated July 22. 1994,
as prepared by Jick A> Page, Jr.,
RLS No. 1894, and recorded at
Plat Book 40, page 248, Forsyth
County Records, which survey
and record thereof are additionally
incorporated herein by reference
for a more complete description of
the Property
The above-described property is
known as 422 Canton Highway,
Cumming, GA 30040 according
to the present system of property
mapping in Forsyth County,
Georgia.
The Secured Indebtedness has
been and is hereby accelerated
and declared due because of,
among other possible events of
default, failure to pay the Secured
Indebtedness as and when due
and in the manner provided in the
instruments evidencing the
Secured Indebtedness and
Security Deed As the Secured
Indebtedness remains in default,
the sale will be made for purposes
of paying the same and all
expenses of this sale, as provided
in the Security Deed and by law,
including attorney's fees (written
notice of intent to collect attor¬
ney's fees having been given).
Said property will be sold subject
1o any outstanding ad valorem
taxes (including taxes which are a
lien, but not yet due and payable),
any matters which might be dis¬
closed by an accurate survey and
inspection of the property, any
assessments, liens, encum¬
brances, zoning 'ordinances,
restrictions, covenants and mat¬
ters of record superior to the
Security Deed.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is the
Grantor or a tenant or tenants
claiming through them.
Regions Bank, Attorney-in-Fact
and Agent for John W. Turner II
Erich N. Durlacher
Kelly E. Culpin
Burr 4 Forman LLP
171 Seventeenth Street, N W,
Suite 1100
Atlanta, Email: edurlachitburr Georgia 30363
com
kculpin@burr.com
Phone (404) 815-3000
Facsimile; (404)214-7942
THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPT¬
ING TO COLLECT A DEBT ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
L310 2/2, 9,16. 23
gpn 11
NOTICE OF SALE
UNDER POWER GEORGIA
FORSYTH COUNTY
By virtue of a Power of Sale con¬
tained In that certain Security
Deed and Agreement from
CHAE'S INVESTMENT, INC , a
Georgia Community corporation Southern (“Borrower") Bank
to &
(by virtue of that Security certain
Assignment of
Instruments and Other Loan
Documents, filed and recorded
June 9. 2010 in Deed Book 5702,
Page 382, FORSYTH COUNTY,
Georgia Federal Records, Deposit assig I nee of the
nsurance
Corporation in receivership of
Appalachian Community Southern Bank)
("Community & Bank"),
daled April 14, 2008, and Deed record¬
ed April 15, 2008 in Book
5101, Page 486 of the Official
Records of the Clerk ot Superior
Court of Forsyth County, Georgia
Records (as amended, modified,
or revised from tlhie to time,
“Security Deed”), said Security
Deed having the been given to secure
a Note In original principal
amount of TWO MILLION NINE
HUNDRED FIFTY THOUSAND
AND 00/100THS DOLLARS
($2,950.00.00), with interest
thereon as provided for therein,
there will be sold at public outcry
to the highest bidder for cash
before the courthouse door ot
FORSYTH COUNTY NEWS
FORSYTH COUNTY, Georgia,
within the legal hours tor sale on
the first Tuesday in March, 2011.
all property described in said
Security Deed, including, but not
limited to, the following described
property (or so much thereof, as
has not. been released from the
lien of the Security Deed by
Community & Southern Bank by
duly executed and recorded
instrument) and, without limitation,
together with all rights, titles and
interests, if any, of Borrower aris¬
ing Declaration by virtue of that certain
of Covenants.
Conditions, and Restrictions by
Shakerag Associates. LLP. dated
December 24, 1998, filed and
recorded on December 30, 1998,
In Deed Book 1422, Page 161,
FORSYTH County, Georgia
Records (as amended, modified,
or changed from time to time, the
“Declaration"), including, without
limitation, all rights of Borrower
as “Declarant” as more particularly
described in the Declaration
All that tract or parcel of land lying
and being in Land Lots 472 and
484, 1st District, 1st Section,
Forsyth County, Georgia, and
being 1.058 acres as shown on a
plat for Jay and Katherine Drudge,
dated July 28. 1999, as surveyed
by Richard J. Webb and recorded
at Plat Book 57, page 274,
Forsyth County, Georgia records
Also
All that tract or parcel of land lying
and being in Land Lot 484, 1st
District, 1st Section, Forsyth
ticularly County, Georgia, being more par
described as follows:
Commencing found at a 1" open top pipe
at the intersection of the
Land Lot lines common to Land
Lots 483, 484 493 and 494.
thence along the South line of
Land Lot 484, South 89 degrees
51 minutes 48 seconds West, a
distance of 543.57 feet to a 1”
crimp Northerly top right pipe of found on line the of
McGinnis way
said Ferry Road, thence
along right of way line, along
a curve to the right, an arc length
of 202.04 feet; said curve having a
radius of 1432.00 feet with a
chord distance of 201 87 feet, at
North 56 degrees 55 minutes 29
seconds West, to a 5/8” rebar set;
thence continuing along said right
of way line North 53 degrees 07
minutes 48 seconds West a dis¬
tance of 262 46 feet to a point;
thence North 53 degrees 07 min¬
utes 48 seconds West, a distance
of 165.26 feet to a point, said
point being the True Point of
Beginning, Beginning thence from said Point
of continuing along said
right of way line, North 53 degrees
07 minutes 48 seconds West, a
distance of 49 00 feet to a 5/8“
rebar set; thence along a curve to
the left, an arc length of 55.94
feet, said curve having a radius of
5052.89 feet with a chord distance
of 55 94 feet, at North 53 degrees
19 minutes 53 seconds West to a
5/8" rebar set; thence leaving said
right of way line, North 33 degrees
50 minutes 29 seconds East, a
distance of 255 03 feet to a point;
thence South 52 degrees 53 min¬
utes 48 seconds East, a distance
of 119 45 feet to a 5/8" rebar set;
thence South 37 degrees 06 min¬
utes 12 seconds West, a distance
ol 253 99 feet to a point on the
McGinnis Northerly right of way line of
Ferry Road, said point
being Said the True Point of Beginning
tract of land contains 0.655
acres
Together,with and as appurte¬
nances to, Easement easement Agrbernent rights con¬
tained in by
and between Shakerag
Associates, LLP and Joseph A
Drudge, Drudge, III and Katherine E
dated December 24,
1998, filed December 30, 1998.
recorded in Deed Book 1422,
page Georgia 150, Forsyth County,
records; as affected by
Amended and Restated Easement
filed Agreement dated March 1, 1999,
March 17, 2000, recorded in
Deed Book 1659, page 278,
Forsyth County, Georgia records.
As amended by Amendment to
Amended and Restated Easement
2003, Agreement filed dated November 14,
February 12. 2004,
recorded in Deed Book 3214,
page Georgia 616, Forsyth County,
records
The indebtedness secured by said
Security Deed has been and is
hereby declared due because of
default under the terms of said
Security Deed and Note, includ¬
ing, but not limited to. the nonpay¬
ment of the indebtedness as and
when due The indebtedness
remaining in default, this sale will
be made for the purpose of paying
the same, all expenses of the
sale, including attorneys' fees and
other payments provided for under
the terms of the Security Deed
and Note
Said property will be sold subject
to affect the following items which may
the title to said property all
zoning ordinances; matters which
would be disclosed by an accurate
survey or by inspection of the
property; any outstanding taxes,
including, but not limited to, ad
valorem taxes, which constitute
liens upon said property; special
assessments, all outstanding bills
for public utilities which constitute
liens upon said property; all
restrictive covenants, easements,
rights of way and any other mat¬
ters of record superior to said
Security Deed. To the best of the
knowledge and belief of the
undersigned, the party in posses
sion of the property is Chae's
Investment, Inc., or tenant(s).
The sale will be conducted subject
(1) to confirmation that the sale is
not prohibited under the United
States Bankruptcy Code and (2)
to final confirmation and audit of
the status of the loan with the
holder of the Security Deed.
Community its counsel are 4 Southern acting as Bank debt and col¬
lectors Any information obtained
will be used for that purpose
Community 8 Southern Bank as
Attorney-in-Fact for Chae's
Investment, Inc.
Contact: Guillermo Todd, Esq
Busch, Slipakoff 6 Schuh, LLP
3350 Riverwood Parkway, Suite
1550
Atlanta. Telephone Georgia (770) 790-3550 30339
L311 2/2,9,16, 23
gpn 11
NOTICE OF SALE
UNDER POWER
GEORGIA, FORSYTH COUNTY
By virtue of a Power of Sale con¬
tained Deed from in that Tuscany certain Security Custom
Homes, Inc., ("Borrower") to State
Bank & Trust Company (assignee
ot the Federal Deposit Insurance
Corporation in receivership of First
Security Bank"), National Bank. “State
dated December 15,
2005, and recorded December 21,
2005 in Deed Book 4095, Page
689, FORSYTH COUNTY,
Georgia modified, Records or revised (as from amended, time
to
time, Security "Security Deed”), said
Deed having been given
to secure a Note (the "Note”) in
the original principal amount of
ONE HUNDRED TWO THOU
SAND FORTY-TWO AND
00/100THS DOLLARS
($102,042.00), with Interest there¬
on as provided for therein, there
will be sold at public outcry to the
highest bidder lor cash before the
courthouse door of FORSYTH
See LEGALS 16C
5C