Newspaper Page Text
12C
LEGALS from Page 11C
pedestrian ingress and egress
over, certain through and across those
Easements') private roads (The "Access
delineated more the Plat; particularly
on and a
General Easement (or the pur¬
pose of installation and mainte¬
nance of utilities to include, but
not be limited to, Sanitary/Sewer,
Water, Electricity. Cable
Television, Natural Gas over,
through, certain under shown and across the those Plat
areas on
as Utility Easements to service
the Lot/Unit
which has the property address of
3430 Plnehurst Rd, Cummlng.
Georgia., together with all fixtures
and other personal property con¬
veyed by said deed
The sale will be held subject to
any unpaid taxes assessments
rights-of-way, easements, protec¬
tive covenants or restrictions,
liens, and other superior matters
of record which may affect said
property The subject
sale will be conducted
(1) to confirmation that the sale S is
not prohibited under the U
Bankruptcy Code and (2) to final
confirmation and audit of the sta
tus of the loan with the holder of
the security deed
Notice has been given of intention
to collect attorneys' fees in accor¬
dance with the terms of the note
secured by said deed
Said property will be sold as the
property of Wendy Wasserman
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 provid¬
ed in the aforementioned Security
Deed
Aurora Loan Services, LLC
Attorney in Fact for
Wendy Wasserman
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L L C
(404)373-1612
www mccurdycandler com
File No 10-21992/CON V
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
L387 2/2,9,16,23
gpn11 NOTICE OF SALE
UNDER POWER
GEORGIA. FORSYTH COUNTY
Because of default in the payment
ol the indebtedness, secured by a
Security Deed executed by Jeffrey
A York and Lucinda D York to
Mortgage Electronic Registration
Systems. Inc. as nominee for MST
Mortgage Corporation, its succes¬
sors and assigns dated April 26,
2006 in the amount of
$365,900 00, and recorded in
Deed Book 4264. Page 391,
Forsyth County, Georgia Records;
as last transferred to Federal
National Mortgage Association by
assignment, the undersigned,
Federal National Mortgage
Association 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 March, 2011 , dur¬
ing the legal hours ot sale, at the
Courthouse door in Forsyth
County, sell at public outcry to the
highest bidder for cash, the prop¬
erty described in said deed to-wit
All that tract or parcel of land lying
and being in Land Lot 743, of the
3rd District, 1st Section, Forsyth
County, Georgia, being Lot 19,
Fox Chase, as per plat recorded in
Plat Book 81, Pages 18-27.
which Forsyth County, Georgia Records,
plat is incorporated herein
by reference and made a pari of
this description,
which has the property address of
5085 Trailing Fox Dr, Cumming,
Georgia., together with all fixtures
and other personal property con¬
veyed by said deed
The sale will be held subject to
any rights-of-way, unpaid taxes, assessments,
easements, protec¬
tive 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 prohibited under the U S
Bankruptcy Code and (2) to final
confirmation and audit of the sta¬
tus of the loan with the holder of
the security deed
Notice has been given of intention
to collect attorneys' fees in accor¬
dance with the terms of the note
secured by said deed
Said property will be sold as the
property of Jeffrey A York and
Lucinda D. York and the proceeds
of said sale will be applied to the
payment of said Indebtedness, the
expense of said sale, all as provid¬
ed in said deed, and the under¬
signed will execute a deed to the
purchaser as provided in the
aforementioned Security Deed
Federal National Mortgage
Association
Attorney in Fact for
Jeffrey A York and Lucinda D. York
Anthony DeMarlo, Attorney/smag
nuson
McCurdy & Candler. L.L.C.
(404)373-1612
www File mccurdycandler com
No 11-01557/FNMA
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
L388 2/2.9, 16. 23
gpn11 NOTICE OF
SALE
UNDER POWER
GEORGIA, FORSYTH COUNTY
Because of default in the payment
of the indebtedness, secured by a
Security Deed executed by
Meredith Young to Mortgage
Electronic Registration Systems.
Inc as nominee for Quicken
Loans Inc . its successors and
assigns dated May 23, 2007 in the
amount of $176,000 00. and
recorded in Deed Book 4758,
Page 552, Forsyth County.
Georgia Records, as last trans¬
ferred to Mortgage Electronic
Registration Systems, Inc as
nominee for Quicken Loans, Inc ,
it successors and assigns by
assignment; the undersigned,
Mortgage Systems, Electronic Registration
Inc. as nominee tor
Quicken Loans, Inc., it successors
and assigns 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 March, 2011 , 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 prop¬
erly described in said deed to-wit
Tax ID Number 184-000-359
Land Situated in the County of
Forsyth in the State of GA
All that tract or parcel of land lyir^J
and being in Land Lot 504 of the
1st District. Forsyth County,
Georgia, being Lot 196, Shakerag
Farms (Park) Subdivision, Unit IIB,
as per plat recorded in Plat Book
81, Page 57-65, Forsyth County,
Georgia Records, which said plat
is incorporated herein by refer¬
ence and made a part hereof
Commonly known as 9025 Ruel
Lane, Suwanee, GA 30024
which has the property address of
9025 Ruel Ln, Suwanee. Georgia..
FORSYTH COUNTY NEWS
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, restrictions, protec¬
tive covenants or
liens, and other superior matters
of record which may affect said
property The will conducted subject
sale be
(1) to confirmation that the sale is
not prohibited under the U S
Bankruptcy Code and (2) to final
confirmation and audit of the sta¬
tus of the loan with the holder of
the security deed
Notice has been given of intention
to collect attorneys' fees in accor¬
dance with the terms of the note
secured by said deed
Said property will be sold as the
property of Meredith Young 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 wilt execute
a deed to the purchaser as provid¬
ed in the aforementioned Security
Deed
Mortgage Electronic Registration
Systems, Inc. as nominee for
Quicken Loans, Inc , it successors
and assigns
Attorney in Fact for
Meredith Young
Anthony DeMarlo, Atlorney/kgrant LLC
McCurdy & Candler,
(404) 373-1612
www mccurdycandler.com 11-00976/CONV
File No
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
L389 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 that certain
Deed to Secure Debt from Little
Mill at Lanier. LLC (the “Grantor")
Lo and in favor of Haven Trust
Bank (the “Lender"), dated August
15, 2007, filed for record August
17, 2007, and recorded in Deed
Book 4864. Page 698, Forsyth
County, Georgia records, as trans¬
ferred and assigned by the
Federal Deposit Insurance
Corporation (“FDIC"), as Receiver
for Lender, to Matrix Advisors,
LLC ("Holder”) by that certain
Assignment of Deed to Secure
Debt and Other Loan Documents
(“Assignment”) 2009. dated April 30,
recorded in Deed Book
5443, Page 414, aforesaid records
(the “Security Deed"), securing
that certain Real Estate
Promissory Note from Grantor to
and in favor of Lender dated
August 15, 2007 in the original
principal sum of ONE MILLION
ONE HUNDRED FIFTY THOU¬
SAND AND 00/100 DOLLARS
($1,150,000.00) (the “Note"), there
will be sold at public outcry by
Holder as attorney-in-fact of
Grantor to the highest bidder for
cash between the legal hours for
sale before the Courthouse door
in Forsyth County, Georgia, on the
first Tuesday in March, 2011, the
following described land, improve¬
ments and appurtenances (here
inafler collectively referred to as
the “Premises") to wit:
ALL THAT TRACT OR parcel of
land lyir and being in Land Lot
847 and Land Lot 648, 14th
District, 1st Section, Forsyth
County, Georgia, being more par¬
ticularly shown on that LLC, survey for
Little Mille at Lanier, Haven
Trust Bank and Chicago Title
Insurance Company, prepared by
Ronald E. Gudger. R.L.S, No.
2089, dated March 28, 2007, last
revised August 10, 2007, and
being more particularly described
as follows
BEGINNING at a right-of-way
monument found on the easterly
right-of-way line of Little Mill Road
the (having a 60 foot right-of-way) of and
southwesterly point a miter
connecting said easterly right-of
way line with the southerly right
of-way line of Browns Bridge Road
(a k a Georgia Highway 369) (hav¬
ing a 120 foot right-of-way);
thence running along said miter
North 23° 45’ 35" East 39 48 feet
to a point located on the southerly
right-of-way line of Browns Bridge
Road; thence running North 65°
16' 11” East along the southerly
right-of-way line of Browns Bridge
Road, 359 93 feet to a point;
thence leaving said right-of-way
line and running South 24° 08’ 27"
East 210 73 feet to a point; thence
running South 65° 11’ 21" West
77 85 feet to a point; thence run¬
ning South 66° 33' 23" West
217 32 feet to a point; thence run¬
ning South 65° 01' 14” West
151 80 feet to a point located on
the easterly right-of-way line of
Little Mill Road; thence running
right-of-way northwesterly along the easterly
tine of Little Miller
Road and the following the curva¬
ture thereof an arc distance of
109.41 feet, said arc being sub¬
tended by a chord bearing North
05“ 23' 35" West 109 04 feet to a
point; thence continuing along
said easterly right-of-way line
North 14° 21’ 40" West 52 21 feet
to a point; thence continuing along
said right-of-way line running
North 16° 48' 48" West 27 76 feet
lo the right-of-way monument
found at the POINT OF BEGIN
NING, containing 1.9733 acres
and having improvements thereon
known as 6730 Brown's Bridge
Road, according to the present
system of numbering in
Gainesville, Georgia.
TOGETHER WITH
All that tract or parcel of land lying
and being in Land Lots 847 and
848 of the 14th District, 1st
Section of Forsyth County,
Georgia, and being 6 006 acres E.
as shown in a survey for Daniel
Rose. Damon A. Rose and Rita A
Rose, dated August 30, 1995, as
prepared by Richard J Webb, RLS
No 2507, Said plat is recorded in
Plal Book 44, page 120, Clerk’s
Office, Forsyth Superior Court and
reference is made thereto for a
LESS more complete AND EXCEPT description
ALL THAT TRACT OR parcel of
land lyir and being in Land Lot
847 an Land Lot 848, 14th
District, 1st Section. Forsyth
ticularly County, Georgia, shown on being that survey more par¬ for
Little Mill at Lanier, LLC, Haven
Trust Bank and Chicago Title
Insurance Company, prepared by
Ronald E Gudger. R.L.S No
2089, dated March 28, 2007, last
being revised August 10, 2007, and
follows more particularly described
as
BEGINNING al a right-of-way
monument found on the easterly
right-of-way 60 line of Little Mill Road
the (having a foot right-of-way) and
southwesterly point of a miter
connecting said easterly right-of
way line with the southerly right
of-way line Georgia of Browns Bridge Road
(a k a. Highway 369)
(having a 120 foot right-of-way);
thence running along said miter
North 23° 45' 35" East 39 48 feel
lo a point located on the southerly
right-of-way line of Browns Bridge
Road, thence running North 65“
16' 11" East along the southerly
right-of-way Road. line 93 feet of Browns Bridge
359 to a point;
thence leaving said right-of-way
line and running South 24° 08' 27”
East 210.73 to a point; thence
forsythnews .com
running South 65” 11 ''21" West
77 85 feet to a point; thence run¬
ning South 66“ 33' 23" West
217 32 feet to a point, thence run¬
ning South 65” 01' 14' West
151 80 feet to a point locted on
the easterly right-of-way line of
Little Mill Road, thence running
northwesterly along the easterly
right-of-way line of Little Miller
Road and the following the curva¬
ture thereof an arc distance of
109 41 feet, said arc being sub¬
tended by a chord bearing North
05° 23' 35” West 109 04 feet to a
point, thence continuing along
said North easterly 21’ right-of-way line
14“ 40” West 52 21 feel
to a point; thence continuing along
said right-of-way line running
North 16“ 48' 48" West 27.76 feet
to this right-of-way monument
found at the POINT OF BEGIN¬
NING, containing 1.9733 acres
and having improvements thereon
known as 6730 Brown's Bridge
Road, according to the present
system of numbering in
Gainesville, Georgia.
(the "Land”)
Together with: (i) all buildings,
structures and other improve¬
ments now or hereafter located on
the Property or on any part or par¬
cel of the Property hereinafter
called the "Improvements"; (il) all
and singular the tenements,
hereditaments, easements and
appurtenances Property or in anywise belonging appertain¬ |o the
ing to the Property, and the rever¬
sion or reversions, remainder or
remainders thereof; (ill) all leases,
undertakings usufructs to lease, contracts to
rent, and other agree¬
ments for us, occupancy or pos¬
session now or hereafter in force
with respect to the Property or any
part or parcel of the Property or
any of the Improvements, and any
and all other agreements, con¬
tracts, licenses, permits and
arrangements now or hereafter
affecting the Property or any part
or parcel of the Property or any of
the Improvements, whether written
or oral and whether now or here¬
after made or executed and deliv¬
ered. hereinafter collectively
called the “Leases"; (iv) all rents,
issues, income, revenues and
profits now or hereafter accruing
from, and all accounts and con¬
tract rights now or hereafter aris¬
ing in connection with, -the
Property or any part or parcel of
the Property or any of the
Improvements, including without
limitation all rents, issues, income,
revenues and profits accruing
from, and all accounts and con
tract rights arising in connection
with, the Leases, together with all
monies and proceeds now or
hereafter due or payable with
respect thereto or on account
thereof, and (subject to the rights
of the parties depositing the
same) all security deposits, dam¬
age deposits and other funds paid
by any lessee, sublessee, tenant,
subtenant, licensee, permitee or
other obligee under nay ol the
Leases, whether paid in a lump
sum or installment, all ol which
are hereinafter collectively called
the “Rents"; (v) all minerals, flow¬
ers, crops, trees, timber, shrub¬
bery and other emblements now
or hereafter located on the
Property or under the Property or
on or under any part or parcel of
the Property; (vi) all estates,
rights, title and interest in the
Property, or in any part or parcel
of the Property; (vii) all equipment,
machinery, niture, apparatus, fittings, fur¬
furnishings and personal
property of every kind or descrip¬
tion whatsoever now or hereafter
located on the Property or on any
part or parcel of the Property or in
or on any of the Improvements,
and used in connection with the
operation or maintenance of the
Property or any of the
Improvements, all accessions and
maintenance of the Property or
any of the Improvements, all
accessions and additions to and
replacements of the foregoing and
all proceeds (direct and remote) of
the foregping, including without
limitation all plumbing, heating,
waterheating, lighting, ventilating, refrigerating,
incinerating, air
conditioning and heating, and
sprinkling tems, and all equipment screens, and awnings sys¬
and signs; (vili) all fixtures (includ¬
ing all trade, domestic and orna¬
mental fixtures) now or hereafter
on the Property or on any part or
parcel of the Property or in or on
any of the Improvements, whether
actually or constructively attached
or affixed, including without limita¬
tion all plumbing, heating, lighting,
ventilating, refrigerating, water¬
heating, incinerating, air-condi¬
tioning and heating, and sprinkling
fixtures, and all screens, awnings
and signs which are fixtures, (ix)
all building materials, supplies,
goods, delivered machinery and equipment
to the Property and
placed on the Property for the pur¬
pose of being affixed to or
installed or incorporated or other¬
wise used in or on the Property or
any part or parcel of the Property
or any of the Improvements, and
all accessions and additions to
and replacements of the foregoing
and all proceeds (direct or remote)
of the foregoing; (x) all payments,
awards, (including judgments and settle¬
ments interest thereon)
to which Grantor may be or
become entitled as a result of the
exercise of the right ot eminent
domain with respect to the
Property or any part or parcel of
the Property (xi) or all any policies of the of
Improvements;
insurance which insure against
loss or damage to any property
described above and all proceeds
from and payments under such
policies, and (xii) all names, trade
names, under signs, marks and trade¬
marks which any business
located on the Property is operat
ed or known The Property and all
of the foregoing are hereinafter
sometimes collectively called the
“Premises"
The indebtedness evidenced by
the Note 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 pur¬
suant 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 with¬
out representation or warranty of
any kind or nature whatsoever 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 con¬
nection therewith, including attor
ne fleet ys’ fees (notice of intention to
00 attorneys' fees having 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 per¬
sons legally entitled thereto, all as
P rovided in the Note and Security
eed The Premises shall be sold
as the property of Grantor, subject
to all restrictions, easements and
other matters of record that are
orior to the Security Deed and to
which the Security Deed is subject
arid to any unpaid city, county and
state ad valorem taxes or assess¬
ments relating to the Premises
To the best of the undersigned’s
knowledge 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
MATRIX ADVISORS, LLC
As LITTLE Attorney-in-Fact MILL AT LANIER, for LLC
Nicholas N Sears, Esq
Theodore E Woodward, Esq
Morris, Manning & Martin, L L P
1600 Atlanta Financial Center
3343 Peachtree Road, N E
Atlanta, Georgia 30326
(404) 233-7000
L390 2/2.9, 16, 23
gpn11 WINMARK HOMES, INC
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 Deed to Secure Debt
and Security Agreement by
Winmark Homes, Inc. to Integrity
Bank, dated January 10, 2007,
filed January 16, 2007 and record¬
ed in Deed Book 4601. Page 502,
Forsyth County, Georgia records,
as Deposit assigned Insurance by Corporation, the Federal
as
receiver for Integrity Bank, to
Multibank 2009-1 RES-ADC
Venture, LLC (“Multibank") pur¬
suant to that certain Assignment
of Real Estate Deed to Secure
Debt, executed as of March 1.
2010 and made effective as of
February 9, 2010. filed April 12,
2010 and recorded in Deed Book
5663, Page 384, Forsyth County,
Georgia records, as further
assigned by Multibank to RES-GA
JWC. LLC pursuant to that certain
Assignment of Real Estate Deed
to Secure Debt, dated October 13,
2010, filed October 20, 2010 and
recorded in Deed Book 5807,
Page 685, Forsyth County.
Georgia records (collectively, the
“Security Deed''): there will be sold
at a public outcry for cash to the
highest Courthouse bidder before the
door of Forsyth
County, Georgia, between the
legal hours of sale on the first
Tuesday in LLC, March, 2011. by RES
GA JWC, as Attorney-in-Fact
for Winmark Homes, Inc., the fol¬
lowing property to-wit:
All that tract or parcel of land lying
and being in Land Lot 932 of the
2nd District, 1st Section Forsyth
County, Georgia, being Lots 42,
43 and 44. Phase I. Unit IV of
Champions Run Subdivision, as
per plat thereof recorded in Plat
Book 107. pages 232-254, Forsyth
County. Georgia Records, which
recorded plat is incorporated
herein by reference and made a
part of this description.
The indebtedness secured by said
Security Deed having been
declared due and payable
because of. among other possible
events of default, failure to pay the
indebtedness secured thereby as
and when due, this sale will be
made for the purpose of paying
the same and all expenses of
sale, including attorneys' fees
(notice of intention to collect attor¬
neys' fees having been given).
Said property will be sold subject
to any outstanding ad valorem
taxes (including taxes whtci. 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 first set out above
To the best of the undersigned's
knowledge and belief, possession
of the subject property is held by
Winmark Homes, Inc.
RES-GA JWC, LLC
As Attorney-in-Fact for
Winmark Homes, Inc
Nelson Mullins Riley &
Scarborough, L.L P.
By Gregory M Taube
201 17th Street, N.W Suite 1700
Atlanta, Georgia 30363
(404) 322-6000
L391 2/2, 9,16, 23
gpn11
WINMARK HOMES, INC
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 Deed to Secure Debt
and Security Agreement by
Winmark Homes, Inc to Integrity
Bank, dated February 14, 2007,
filed March 6, 2007 and recorded
in Deed Book 4657, Page 90,
Forsyth County Georgia records,
as assigned by Corporation, the Federal
Deposit Insurance as
receiver for Integrity Bank, to
Multibank 2009-1 RES-ADC
Venture, LLC (“Multibank”) pur¬
suant to that certain Assignment
of Real Estate Deed to Secure
Debt, executed as of March 1,
2010 and made effective as of
February 9, 2010, filed April 12,
2010 and recorded in Deed Book
5663. Page 376, Forsyth County,
Georgia records, as further
,1 iSI iignod by Multibank to RES-GA
IW C, LLC pursuant to that certain
Assignment Secure ot Real Estate Deed
to Debt, dated as of
October 13, 2010, filed October
20, 2010 and recorded in Deed
Book 5807, Page 657, Forsyth
County, Georgia records (collec¬
tively, the “Security Deed"); there
will be sold at a public outcry for
cash to the highest bidder before
the Courthouse door of Forsyth
County, Georgia, between the
legal hours of sale on the first
Tuesday in LLC, March, 2011, by RES
GA JWC, as Attorney-in-Fact
for Winmark Homes, Inc., the fol¬
lowing property to-wit:
All that tract or parcel of land lying
and being in Land Lot 60 of the
2nd District, 1st Section, Forsyth
County, Georgia, being Lot 82,
Unil 2 of The Villages at
Castleberry Subdivision, as per
plat thereof recorded in Plat Book
101, pages 243-255, Forsyth
County, Georgia Records, which
recorded plat is incorporated
herein by reference and made a
part of this description
The indebtedness secured by said
Security Deed having been
declared due and payable
because of, among other possible
events of default, failure to pay the
indebtedness secured thereby as
and when due, this sale will be
made for the purpose of paying
the same and all expenses of
sale. (notice Including of intention attorneys’ to collect attor¬ fees
neys' fees having been given).
Said property will be sold subject
to any outstanding ad valorem
taxes (including taxes which payable), are a
lien, but not yet due and
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 first set out above
To the best of the undersigned's
knowledge and belief, possession
of the subject property is held by
Winmark Homes, Inc
RES-GA JWC. LLC
As Winmark Attorney-In-Fact Homes, Inc. for
Nelson Mullins Riley &
Scarborough. L.L P
201 By: Gregory 17th Street, M Taube N W Suite 1700
,
Atlanta. (404) 322-6000 Georgia 30363
L392 2/2, 9,16, 23
gpnll WINMARK HOMES, INC
NOTICE 0^ SALE
UNDER POWER
WEDNESDAY, FEBRUARY 16.2011
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue ot the power
of sale contained in that certain
Construction Deed to Secure Debt
Winmark and Security Homes, Agreement by
Inc to Integrity
Bank, dated June 20, 2005, Tiled
August Deed Book 11, 2005 and recorded in
3910, Page 766,
Forsyth County, Georgia records
as Deposit assigned by the Federal
Insurance Corporation, as
receiver for Integrity Bank, to
Multibank 2009:1 RES-ADC
Venture, LLC (“Multibank”) pur¬
suant to that certain Assignment
of Real Estate Deed to Secure
Debt, executed as of March 1,
2010 and made effective as of
February 9, 2010, filed April 12,
2010 and recorded in Deed Book
5663, Georgia Page 388, Forsyth County.
records, as further
assigned by Multibank to RES-GA
JWC, LLC pursuant to that certain
Assignment of Real Estate Deed
to Secure Debt, dated October 13.
2010, filed October 20, 2010 and
recorded in Deed Book 5807.
Page 680, Forsyth County.
Georgia "Security records Deed'); (collectively, the
there will be sold
at a public outcry for cash to the
Courthouse highest bidder before Forsyth the
door of
County, Georgia, between the the
legal hours of sale on first
Tuesday in March, 2011, by RES
GA JWC, LLC, as Attorney-in-Fact
for Winmark Homes. Inc . the fol¬
lowing property to-wit:
Legal Description for Lot 97
All that tract or parcel of land lying
and being in the City of Cumming, District,
Land Lot 85 of the 2nd
Forsyth County, Georgia, and
being more particularly described
as follows.
Beginning at the intersection of
Land Lots 59, 60, 85 and 86
Thence, S 33“49’47" E a distance
of 568.27 feet to the Point of
for Beginning. Thence, 28 N 38°41'15" feet E
a distance of 00 to a
point on a line. Thence, S
51“18’45" E for a distance of
11.47 feel to a point on a line.
Thence, S 5ri8'45" E for a dis¬
tance of 2.00 feet to a point on a
line. Thence, S 51 "18'45" E for a
distance of 25.53 feet to a point
on a line. Thence, S 5V’18’45" E
for a distance of 2 00 feet to a
point on a line. Thence. S
38°41'15” W for a distance of
28 00 feet to a point on a line
Thence, N 51“18'45" W for a dis¬
tance of 4 00 feet to a point on a
line. Thence N 5ri8'45"W a dis¬
tance of 27.53 feet to a point on a
line Thence N 51“18'45” W a dis¬
tance of 9 47 feet to the Point of
Beginning Containing 1148
square feet.
Together with a perpetual, nonex¬
clusive right of way easement for
vehicular and pedestrian access,
ingress and egress over and
across the private streets and pri¬
vate driveway serving each lot as
depicted on the subdivision plat(s)
of The Villages at Castleberry Unit
1 as prepared by Travis Pruitt and
Associates, Inc . dated March 18.
2005
Legal Description for Lot 98
All that tract or parcel of land lying
and being in the City of Cumming,
Land Lot 85 of the 2nd District,
Forsyth being County, particularly Georgia, described and
more
as follows:
Beginning Land at the intersection of
Lots 59, 60, 85 and 86
Thence, S 31”02'26“ E a distance
of 573 54 feet to the Point of
Beginning. for Thence, N 38°41'15" E
a distance of 28 00 feet to a
point on a line Thence, S
51°18'45" E for a distance of 4 00
feet to a point on a line. Thence.
S 5r'18'45" E for a distance of
9.47 feet to a point on a line
Thence, S 51°18'45” E for a dis¬
tance of 27 53 feet to a point on a
line. Thence, S 38°41T5" W for a
distance of 28 00 feet to a point
on a line Thence N 51 "18 45" W
for a distance of 27 53 feet to a
point on a line. Thence N
51°18'45” W a distance of 13.47
feet to the Point of Beginning;
Containing 1148 square feet
Together with a perpetual, nonex¬
clusive right ot way easement tor
vehicular and pedestrian access,
ingress and egress over and
across the private streets and pri¬
vate driveway serving each lot as
depicted on the subdivision plat(s)
of The Villages at Castleberry Unit
1 as prepared by Travis Pruitt and
Associates, Inc , dated March 18,
2005
The indebtedness secured by said
Security Deed having been
declared due and payable
because of. among other possible
events of default, failure to pay the
indebtedness secured thereby as
and when due, this sale will be
made for the purpose of paying
the same and all expenses of
sale, including attorneys' fees
(notice of intention to collect attor¬
neys' fees having been given)
Said property will be sold subject
to any outstanding ad valorem
taxes (including taxes which are a
lien, but not yet due and payable),
any matters which might be dis¬
closed by an accurate survey and
inspection of the property, any
assessment#, liens, encum¬
brances, zoning ordinances,
restrictions, covenants, and mat¬
ters of record superior to the
Security To Deed first set out above
the best of the undersigned's
knowledge and belief, possession
of the subject property is held by
Winmark Homos. Inc
RES-GA JWC, LLC
As Attorney-in-Fact for
Winmark Homes, Inc
Nelson Mullins Riley &
Scarborough, By; Gregory L.L P
M Taube
201 17th Street, N.W.. Suite 1700
Atlanta, 322-60(50 Georgia 30363
(404)
L393 2/2, 9,16, 23
gpn11
WINMARK HOMES, OF INC
NOTICE SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the power
of sale contained in that certain
Construction Deed to Secure Debt
and Security Agreement by
Winmark Homes, February Inc. to Integrity 2007,
Bank, dated 14,
filed March 6, 2007 and recorded
in Deed Book 4657, Page 100,
Forsyth County, Georgia Federal records,
as Deposit assigned by Corporation, the
Insurance as
receiver for Integrity Bank, to
Multibank 2009-1 RES ADC
Venture. LLC ("Multibank") pur¬
suant to that certain Assignment
of Real Estate Deed to Secure
Debt, executed as of March 1,
2010 and made effective as of
February 9, 2010, filed April 12.
2010 and recorded in Deed Book
Georgia 5663, Page 380, Forsyth County,
records, to be further
assigned by Multibank to RES-GA
JWC, LLC pursuant to an assign¬
ment to be recorded in the Forsyth
County, Georgia “Security records Deed"); (collec¬
tively, the there
will be sold al a public outcry for
cash to the highest bidder before
the Courthouse door of Forsyth
County, Georgia, between the
legal hours of sale on the first
Tuesday in March, 2011, by RES
GA JWC. LLC. as Attorney-In-Fact
for Winmark Homes, Inc , the fol¬
lowing property to-wit:
All that tract or parcel of land lying
and being in Land Lot 59 of the
2nd District, 1st Section, Forsyth
County, Georgia, being Lot 201 1 ,
Unit 3 of The Villages at
Castleberry Subdivision, as per
plat thereof recorded In Pla! Book
107, pages 180-189, Forsyth
County. Georgia Records, which
recorded plat is incorporated
herein by reference and made a
pari of this description.
The indebtedness secured by said
Security Deed having been
declared due and payable
because of. among other possible
events of default, failure to pay the
indebtedness secured thereby as
and when due, this sale will be
made for the purpose of paying
the same and all expenses of
sale, including attorneys' fees
(notice of Intention to collect attor¬
neys’ fees having been given).
Said property will be sold subject
to any (including outstanding ad valorem
taxes 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 fhe properly, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, covenants, and mat
ters of record superior to the
Security Deed first set out above
To the best of the undersigned's
knowledge and belief, possession
of the subject properly is held by
Wmmark Homes. Inc.
RES-GA JWC, LLC
As Attorney-in-Fact for
Winmark Homes. Inc.
Nelson Mullins Riley &
Scarborough, Gregory LLP
By: M Taube
201 17th Street, N.W,, Suite 1700
Atlanta, 322-6000 Georgia 30363
(404)
L394 2/2,9, 16,23
pn11
TATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER
POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power
of sale contained in that certain
Deed to Secure Debt from
Hashem K Bazzaz to Mortgage
Electronic Registration Systems,
Inc. in the original principal
amount of $956,250,00 dated
06/11/2007, and recorded in Deed
Book 4817, page 232, Forsyth
Qounty records, said Security
Deed being last transferred and
assigned undersigned to CitiMortgage. Inc , the
will sell at public out
cry to the highest bidder for cash
before the Courthouse door in
said County, during the legal
hours March, of sale, on the first Tuesday
of 2011 by CitiMortg ie.
Inc., as Attorney-in-Fact tor
Hashem K Bazzaz the following
described property:
All that tract or parcel ot land lying
and 1st District, being in 1st Land Section, Lot 466 Forsyth of the
County, Georgia, being Lot 221,
St Mario Country Club
Subdivision, Pod Eight, as per plat
recorded in Plat Book 38, Page
81, Forsyth County Records, said
plat being incorporated herein by
reference thereto
Property known as 8220 Royal
Saint Georges Ln, Duluth. GA
30097
The indebtedness secured by said
Deed to Secure Debt having been
declared due and payable
because of default in the payment
of the indebtedness secured
thereby, this sale will be made for
the purposes of paying the same
and all expenses of sale, including
attorney's fees, (notice having
been given as provided by law).
The property will be sold as the
property of The Aforesaid
Grantors subject to the following
(1) all prior restrictive covenants,
easements, rights-of-way or
encumbrances; (2) all valid zoning
ordinances; (3) matters which
would be disclosed by an accurate
survey of the property; (4) the out
standing ad valorem taxes and
assessments, if any, (5) unpaid
water and sewage bills, that con¬
stitute liens against the property,
whether due and payable or not
yet due and payable; and (6) mat
ters of record superior to the
security deed first set out above
Pursuant to O C G.A Section 44-
14-162 2 the name ot the person
or entity who has the full authority
to negotiate, amend, or modify the
terms of the aforementioned
indebtedness is
CitiMortgage, Inc. Drive
1000 Technology
O'Fallon, MO 63368
PHONE: 866-272-4749
Nothing contained in this Notice of
Sale shall obligate Lender to
negotiate, amend or modify said
indebtedness.
To the best of the undersigned's
knowledge and belief, the party in
possession is Hashem K Bazzaz
CitiMortgage, Inc K , as Attorney-in
fact for Hashem Bazzaz
This law firm is acting as a debt
collector attempting to collect a
debt, any information obtained will
be used for that purpose.
Pendergast & Associates, PC
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www penderlaw.com
Our File No 11 -00662
L395 2/2, 9, 16.23
gpn11 STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE UNDER
POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power
of sale contained in that certain
Deed to Secure, Debt from Robert
Chelette and Stacy Middleton to
Mortgage Electronic Registration
Systems, Inc. in the original princi¬
pal amount of $208,990 00 dated
07/26/2007, and recorded in Deed
Book 4857, page 734, Forsyth
County records, said Security
Deed being last transferred and
assigned to CitiMortgage, Inc , the
undersigned will sell at public out¬
cry to the highest bidder for cash
before the Courthouse door in
said County, during first the leg a I
hours of sale, on the Tuesd, ay
of March, 2011 by CibMortgag Tor e,
Inc Robert , as Chelette Attorney-in-Fact and Stacy
Middleton the following described
property:
All that tract or parcel of land lying
and being in Land Lot 3, of the
2nd District, 1st Section, Forsyth
County, Georgia, oT and being shown
on a plat Richard survey for Craig
Manner by J. Webb,
Georgia Registered May Land
Surveyor, dated 10, 1994 and
revised April 8, 2005, and being
more particularly described as fol¬
lows:
To find the True Point of
Beginning, begin at the point
where the northerly right of way of
Skyline Drive (50 foot right of way)
intersects Turner Road; the proceed right of way ol
thence in a
northeasterly direction along the
northerly right of way of Skyline
Drive 150 0 feet to an iron pin 1
found and the True Point of
Beginning, proceed thence North
01 degrees 00 minutes 00 sec¬
onds East, 168 50 feet to an iron
pin set; proceed thence North 76
degrees 19 minutes 56 seconds
East. 55 81 feet to an iron pin set;
proceed thence North 01 degrees
00 minutes 00 seconds East,
16 50 feet to a point; proceed
thence South 88 degrees 04 min¬
utes 47 seconds East. 71 73 feet
See LEGALS 113C