Newspaper Page Text
WEDNESDAY. JANUARY 25.2012
LfcGALS from Page 6C
fully Beginning described as follows
a! a corner on the
West original line ot said Land
Lot which beginning corner is
located 190 75 leet North 1
degrees 30 minutes West from
the Southwest corner of said
Land Lot. thence from said
beginning 30 corner North 1 degree
minutes West along W est
Land Lot line 190 75 feet to cor¬
ner thereon thence North 89
degrees feet 24 minutes East 685 08
to corner, thence South 1
degree feet 30 minutes East 190 75
to corner; thence South 89
feet degrees 24 minutes West 685 08
to the beginning corner of
the West original line of said
Land Lot
Said described tract contains 3
acres and is more fully shown
along with other property on a
plat prepared by J Paul Bates.
Registered Surveyor No 936.
dated June 6 1968. revised
December 8. 1978 entitled sur¬
vey for Margaret S Martin
There is also conveyed hereby a
non exclusive easement for
access to said described proper¬
ly fifteen teet wide from public
road beginning at a point 685 08
feet North 89 degrees 24 min¬
utes East from the Southwest
corner of said Land Lot and pro¬
ceeding thence North 1 degree
30 minutes West to the property
hereinbefore described
Tract 2
All that tract or parcel of land
lying and being in the 2nd
District and 1st Section of
Forsyth County. Georgia being in
Land Lot 897 and being more
fully described as follows
Beginning at the Southwest cor¬
ner of said Land Lot thence
North 1 degree 30 minutes West
along the West Land Lot line
190 75 teet to a corner thereon
thence North 89 degrees 24 min¬
utes East 685 08 feet to corner,
thence South 1 degree 30 min¬
utes East 190 75 leet to corner
on the South original line of said
Land Lot at public road thence
South 89 degrees 24 minutes
West along said original line and
road 685 08 feet to the POINT
OF BEGINNING
Said described tract contains 3
acres and is more fully shown
along with other property on a
plat prepared by J Paul Bales.
Registered Surveyor No 936.
dated June 6 1968 revised
December 8. 1978, entitled sur¬
vey for Margaret S. Martin
Tract 3
All that tract or parcel of land
lying and being in the 2nd
District and 1st Section of
Forsyth County, Georgia being in
Land Lot 897 and being more
fully described as follows
Beginning at a corner on the
West original line of said Land
Lot which beginning corner is
located 572 25 feel North 1
degrees 30 minutes West from
the Southwest corner of said
Land Lot thence from said
beginning corner North 1
degrees 30 minutes West along
West Land Lot line 190 75 feel to
corner thereon, thence North 89
degrees 24 minutes East 685 08
feet to corner, thence South 1
degree 30 minutes East 190 75
feet to corner; thence South 89
degrees 24 minutes West 685 08
teet to the beginning corner on
the West original line of said
Land Lot
Said described tract contains 3
acres and is more fully shown
along with other property on a
plat prepared by J Paul Bates,
Registered Surveyor No 936.
dated June 6. 1968. revised
December 8. 1978. entitled sur¬
vey for Margaret S Martin
There is also conveyed hereby a
non exclusive easement tor
access to said described proper¬
ty fifteen feet wide from public
road beginning at a point 685 08
feet North 89 degrees 24 min¬
utes East from the Southwest
corner of said Land Lot and pro¬
ceeding thence North 1 degree
30 minutes West to the property
hereinbefore described
Tract 4
All that tract or parcel of land
lying District and being in the 2nd
and 1st Section of
Forsyth County, Georgia being in
Land Lot 897 and being more
fully described as follows
Beginning at a corner on the
West original line of said Land
Lot which beginning corner is
located 381 50 feel North 1
degrees 30 minutes West from
the Southwest corner of said
Land Lot. thence from said
beginning corner North 1 degree
30 minutes West along West
Land Lot line 190 75 feel to cor¬
ner thereon thence North 89
degrees 24 minutes East 685 08
feet to corner, thence South 1
degree 30 minutes East 190 75
feet to corner; thence South 89
degrees 24 minutes West 685 08
feet to the beginning corner on
the West original line ot said
Land Lot
Said described tract contains 3
acres and is more fully shown
along with other property on a
plat prepared by J Paul Bates,
Registered Surveyor No 936,
dated June 6. 1968. revised
December 8, 1978, entitled sur¬
vey for Margaret S Martin
There is also conveyed hereby a
non exctusive easement for
access to said described proper¬
ty fifteen feet wide from public
road beginning at a point 685 08
teet North 89 degrees 24 min¬
utes East from the Southwest
corner of said Land Lot and pro¬
ceeding thence North 1 degree
30 minutes West to the property
hereinbefore described
Said property will be sold togeth¬
er with any and all fixtures and
personal property conveyed by
said deed The sale will be held
subject to any unpaid taxes or
other assessments which may be
liens against said property; all
prior protective or restrictive
covenants, nghts-ol-way, all of and
easements and rights the
Internal Revenue Service as
applicable, and any other matters
of record superior to the PEO¬
PLES BANK & TRUST Security
Deed
Notice has been given of inten¬
tion to collect attorney fees in
accordance with the terms ot the
Note secured by said deed
Said property will be sold, 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
at said sale as provided in the
aforementioned PEOPLES BANK Security TRUST Deed
8, as
Attorney-in-Fact RITCHIE for ELAINE M
(a/k/a ELAINE M
RICHIE)
Jery N KiIqo re
G arner & Kilgore
16 S Harris Street
P.0 Box 602
Buford. (770) 945-1294 Georgia 30515
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
L834 1/11, 18,25,2/1
gpn11 NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue ot the Power
of Sale contained in the Deed to
Secure Debt. Assignment of
Rents. Security Agreement, and
Financing Statement by and
between SCP Properties, LLC
SunTrust ("Borrower" or "Grantor") and
Bank as successor by
merger to National Bank ot
Commerce (“SunTrust” or
“Grantee”), dated the 15th day of
December. 2003 and recorded in
Deed Book 3156. Page 628.
Forsyth County. Georgia records,
as modified by that certain
Modification of Deed to Secure
Debt and Security SunTrust Agreement by
and between and
Borrower dated June 26, 2009
and recorded in Deed Book
5475. Page 218. Forsyth County.
Georgia records as modified by
that certain Modification of Deed
to Secure Debt and Security
SunTrust Agreement by Borrower and between
and dated
June 26, 2009 and recorded in
Deed Book 5477. Page 475.
Forsyth County. Georgia records
(collectively, the "Security
Deed") Grantee as attorney in¬
tact lor Grantor will sell at public
outcry to the highest and best
bidder for cash before the
Courthouse door of Forsyth
County. Georgia, during the legal
hours ot sale, on the first
Tuesday in February. 2012, the
following described real property
to wit
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOTS 1134 1135, AND
1154 AND 1155 OF THE 2ND
DISTRICT FORSYTH COUNTY.
GEORGIA BEING UNITS 201
AND 202, BUILDING 200. OF
THE GATES AT LAUREL
SPRINGS UNIT ONE. PHASE 1.
A CONDOMINIUM. AS PER
DECLARATION OF CONDO¬
MINIUM RECORDED ON
MARCH 21 2002 AT DEED
BOOOK 2255. PAGES 328 et
seq AS AMENDED AND
RECORDED ON JUNE 25, 2002
AT DEED BOOK 2344. PAGE
284. et seq AND AS AMENDED
AND RECORDED ON DECEM¬
BER 19. 2002 AT DEED BOOK
2569, PAGES 639-646.
FORSYTH COUNTY. GEORGIA
RECORDS, AS PER PLAT
RECORDED IN CONDOMINIUM
PLAT BOOK 1. PAGES 98-103,
AS AMENDED BY PLAT
RECORDED ON CONDOMINI¬
UM PLAT BOOK 1, PAGES 109-
114 AND AS FURTHER AMEND¬
ED BY PLAT BOOK 1. PAGES
116-121. FORSYTH COUNTY.
GEORGIA RECORDS. WHICH
PLATS AND DECLARATION AS
AMENDED ARE INCORPORAT¬
ED HEREIN AND MADE A PART
HEREOF BY THIS REFER¬
ENCE
THE INTEREST HEREIN CON¬
VEYED INCLUDES, WITHOUT
LIMITATION, AN UNDIVIDED
INTEREST IN THE COMMON
AREAS OF THE GATES AT LAU¬
REL SPRINGS. AS THE SAME
IS DEFINED IN SAID DECLARA¬
TION AS AMENDED SAIO
PROPERTY IS BEING KNOWN
AS 5400 LAUREL SPRINGS
PARKWAY. UNITS 201 AND 202,
SUWANEE, GEORGIA 30024.
The debt secured by the Security
Deed is evidenced by that certain
Commercial Note by and
between Borrower and SunTrust
dated or last renewed on or
about June 26. 2009 in the origi¬
nal principal amount of
$492,284 71, as amended,
restated, renewed or otherwise
modified (the “Note"), plus inter¬
est on the unpaid balance until
paid, and other indebtedness
Default has occurred and contin¬
ues under the terms of the Note
and Security Deed by reason of.
among other possible events of
default, the nonpayment when
due of the indebtedness evi¬
denced by the Note and secured
by the Secunty Deed and the fail¬
ure to comply with the terms and
conditions of the Note and
Security Deed By reason of this
default the Security Deed has
been declared foreclosable
according to its terms
The above-described real prop¬
erty will be sold to the highest
and best bidder for cash the pro¬
ceeds to be applied to the pay¬
ment of said indebtedness, attor¬
neys' fees, and the lawful
expenses of said sale, all as pro¬
vided in the Note and Security
Deed The sale shall be sub|ect
to the following all outstanding
ad valorem taxes and/or assess¬
ments. if any. possible redemp¬
tive rights of the Internal
Revenue Service, if any; and all
other prior assessments, ease¬
ments, restrictions or matters ot
record
To the best of the undersigned’s
knowledge and belief, the party
in possession of the real proper¬
ty is SCP Properties. LLC
SunTrust Bank
as successor by merger to
National Bank of Commerce,
As Attorney-in-Fact for SCP
Properties, LLC
Joshua M Katz. Esquire
Macey, Wilensky. Kessler 8
Hennings. LLC
230 Peachtree Street, Suite 2700
Atlanta, Georgia 30303-1229
404/584-1200
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
L835 1/11, 18, 25,2/1
gpn11 Notice of Sale Under
Power
Georgia, Forsyth County
Under and by virtue of the Power
of Sale contained in a Deed to
Secure Debt given by James J
Case and Robin T Case to
LONG BEACH MORTGAGE
COMPANY, dated June 10, 2005.
and recorded in Deed Book
3830. Page 466. Forsyth County,
ferred Georgia to Deutsche records. As Bank last National trans¬
Trust Company, As Trustee for
GSAMP Trust 2006 SD2
Certificates, Mortgage Series Pass-Through 2006-SD2 by
County, Assignment recorded in Forsyth
Georgia Records . con¬
veying the after-described prop¬
erty to secure a Nbte ot even
date in the original principal
amount of $323 ,000 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
the legal hours of sale on the
first Tuesday in February, 2012,
to wit February 07, 2012, the
following described TRACT property OR
ALL THAT PARCEL
OF LAND LYING AND BEING IN
LAND LOT 876 OF THE
2NDDISTRICT. 1ST SECTION,
FORSYTH COUNTY. GEORGIA
BEING LOT 369, THREE CHIM
NEYS FARM SUBDIVISION,
UNIT VIII, PHASE IV, AS PER
PLAT RECORDED IN PLAT
BOOK 58. PAGES 266-269.
FORSYTH COUNTY. GEORGIA
RECORDS, SAID PLAT BEING
INCORPORATED HEREIN BY
REFERENCE3THERETO
The debt secured by said Deed
to Secure Debt has been and is
hereby declared due because ot.
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 The
debt remaining in default, this
sale will be made for the purpose
of paying the same and all
expenses of this sale, as provid¬
ed in the Deed to Secure Debt
and by law, including attorney's
fees (nolrce ot intent to collect
attorney s fees having been
? iven)
o the best knowledge and belief
of the undersigned, the party (or
parties) in possession of the sub¬
ject property known as 4215
Arden Way, Cummlng, GA
30041 is (are) Robin T Case or
tenant or tenants
Said property will be sold subject
to (a) any outstanding ad val¬
orem taxes '(including but taxes
which are a lien, not yet due
and payable), (b) any matters
which might be disclosed by an
accurate survey and inspection
of the property, and (c) all mat¬
ters ot record superior to the
Deed to Secure Debt first set out
above, including, but not limited
to. assessments, liens, encum¬
brances, zoning ordinances,
easements, restrictions,
covenants, etc
The sale will be conducted sub
iect to (1) confirmation that the
sale is not prohibited under the
U S Bankruptcy Code (2)
O C G A Section 9-13-172 1;
and (3) 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 cer¬
tain procedures regarding the
rescission of judicial and nonjudi
cial the Deed sales in the State Power of and Georgia, other
Under
foreclosure documents may not
be provided until final confirma¬
tion and audit of the status of the
loan as provided in the preceding
paragraph. Deutsche
Bank National Trust
Company. As Trustee for GSAMP
Trust 2006-SD2 Mortgage Pass
Through Certificates. Series
2006-SD2
as attorney in fact for
James J. Case and Robin T.
Richard B Maner, PC,
5775 Glenndge Drive
Building D, Suite 100
Atlanta. GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
AFC 11-138
L836 1/11, 18, 25, 2/1
gpn11 Notice of Sale Under Power
Georgia. Forsyth County
Under and by virtue of the Power
of Sale contained in a Deed to
Secure Debt given by Eliud
Rosario and Michele T Rosario
to Registration Mortgage Sytems, Electronic
Inc , As
Nominee LLC, for Southstar 09. Funding,
dated December 2005.
and recorded in Deed Book
4097. Georgia Page 600, Forsyth County,
records. As last trans¬
ferred to U S Bank, National
Association, as Trustee under the
Pooling and Servicing Agreement
dated as of May 1 , 2006.
GSAMP Trust 2006-HE3,
Certificates, Mortgage Pass-Through by
Series 2006-HE3
Assignment County. Georgia recorded in Forsyth
Records, con¬
veying the after-described prop¬
erty to secure a Note of even
date in the original principal
amount of $414,000 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
the legal hours of sale on the
first Tuesday in February. 2012.
to wit February 07, 2012, the
following described property
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 263 OF THE 2ND
DISTRICT, 1ST SECTION OF
FORSYTH COUNTY. GEORGIA
BEING LOT 259 OF THE POLO
FIELDS, PHASE FOUR. SHEET
TWO, AS PER PLAT RECORD¬
ED IN PLAT BOOK 30. PAGE 75,
FORSYTH COUNTY GEORGIA
RECORDS, WHICH SAID PLAT
IS INCORPORATED HEREIN BY
THIS REFERENCE AND MADE
A PART OF THIS DESCRIP¬
TION
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 The
debt remaining in default, this
sale will be made for the purpose
of paying the same and all
expenses of this sale, as provid¬
ed in the Deed to Secure Debt
and by law. including attorney's
fees (notice of intent to collect
attorney's fees having been
given)
To the best knowledge and belief
of the undersigned, the party (or
parties) in possession of the sub¬
ject property known as 6365
GA Buckingham Place. Cumming,
30040 is (are) Eliud Rosario
and Michele T Rosario or tenant
or tenants
Said property will be sold subject
to (a) any outstanding ad val¬
orem taxes (including taxes
which are a lien, 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 mat¬
ters of record superior to the
Deed to Secure Debt first set out
above, including, but not limited
to, assessments, liens, encum¬
brances. zoning ordinances,
easements, restrictions.
covenants, etc
The sale will be conducted sub¬
ject to (1) confirmation that the
sale is not prohibited under the
U S Bankruptcy Code. (2)
O.C.G.A Section 9-13-172.1,
and (3) 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 tor cer¬
tain procedures regarding the
rescission of judicial and nonjudi
cial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not
be provided until final confirma¬
tion and audit of the status of the
loan as provided in the preceding
paragraph U S
Bank. National Association,
as Trustee under the Pooling and
Servicing Agreement dated as ot
May 1, 2006 GSAMP Trust
2006-HE3, Mortgage Pass
Through 2006-F&3 Certificates. Series
as attorney In fact for
Eliud Rosario and Michele T
Rosario
Richard B Maner. PC
5775 Building Glenndge D. Suite Drive
100
Atlanta. GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
L837 1/11,18, 25, 2/1
gpnll Notice of Sele Under Power
Georgia. Forsyth County
Under and by virtue ol the Power
of Sale contained in a Deed to
Secure Debt given by Janet
Skinner to MORTGAGE ELEC
TRONIC REGISTRATION SYS¬
TEMS, INC AS NOMINEE FOR
LOANCITY, A CALIFORNIA
CORPORATION . dated March
13, 2006 and recorded in Deed
Book 4201, Page 469, Forsyth
County, Georgia records. As last
transferred to U S Bank National
Association, as Trustee for GSAA
Home Equity Trust 2006-9.
Asset Backed Certificates
Series 2006-9 by assig nment
recorded in Forsyth C ounty
Georgia Records . conveying the
after-described property to
secure a Note of even date in the
original principal amount of
$169,600 00. with interest at the
rate specified therein, there will
be sold by the undersigned 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.February. 2012. following to wit
February 07, 2012, the
described property
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 1262 OF THE 14TH
DISTRICT 1ST SECTION.
FORSYTH COUNTY. GEORGIA
BEING LOT 30A. IVYSHAW
PARK SUBDIVISION, PHASE I
AS PER PLAT RECORDED IN
PLAT BOOK 68 PAGE 184.
FORSYTH COUNTY, GEORGIA
RECORDS, WHICH RECORDED
PLAT IS INCORPORATED
HEREIN BY THIS REFERENCE
AND MADE A PART OF THIS
DESCRIPTION SAID PROPER¬
TY BEING KNOWN AS 8020
IVYSHAW DRIVE ACCORDING
TO THE PRESENT SYSTEM OF
NUMBERING HOUSES IN
FORSYTH COUNTY. GEORGIA
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 The
debt remaining in default, this
sale will be made for the purpose
of paying the same and all
expenses of this sale, as provid¬
ed in the Deed to Secure Debt
and by law. including attorney's
fees (notice of intent to collect
attorney's fees having been
given). To
the best knowledge and belief
of the undersigned, the party (or
parties) in possession of the sub¬
ject property known as 8020 Ivy
Shaw Drive. Gainesville, GA
30506 is (are) Janet Skinner or
tenant or tenants.
Said property will be sold subject
to (a) any outstanding ad val¬
orem taxes (including taxes
which are a lien, but not yet due
and payable), (b) any matters
which might be disclosed by an
accurate survey and inspection
ol the property, and (c) all mat¬
ters of record superior to the
Deed to Secure Debt first set out
above, including, but not limited
to. assessments, liens, encum¬
brances, zoning ordinances,
easements, restrictions.
covenants, etc
The sale will be conducted sub¬
ject to (1) confirmation that the
sale is not prohibited under the
US Bankruptcy Code; (2)
OC G A Section 9-13-172 1;
and (3) 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 cer¬
tain procedures regarding the
rescission of judicial and nonjudi
cial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not
be provided until final confirma¬
tion and audit of the status of the
loan as provided in the preceding
paragraph
U S Bank National Association,
as Trustee for GSAA Home
Equity Trust 2006-9, Asset
Backed Certificates. Series
2006-9
as attorney in fact for
Janet Skinner
Richard B Maner, PC
5775 Glenndge Drive
Building D, Suite 100
Atlanta. GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
L838 1/11, 18, 25, 2/1
gpn11 NOTICE OF SALE
UNDER
POWER CONTAINED IN
SECURITY DEED
STATE OF GEORGIA,
COUNTY OF Forsyth
Pursuant to a power of sale con¬
tained in a certain security deed
executed by Philip W. Rains and
Dreama D Rains, hereinafter
referred to as Grantor, to
Mortgage. Systems,'Inc Electronic Registration
, as nominee for
Liberty Home Lending Inc A
Florida Corporation recorded in
Deed Book 5195, beginning at
page 612, of the deed records ot
the Clerk of the Superior Court of
the aforesaid state and county,
and by virtue of a default in the
payment of the debt secured by
said security deed, the under¬
signed attorney-in-fact for the
aforesaid Grantor (which attor
ney-in-fact is the present holder
of said security deed and note
secured thereby) will sell before
the door of the courthouse in
said county within the legal hours
of sale, for cash, to the highest
bidder on the first Tuesday in
February 2012, the property
which, as of the time ot the exe¬
cution of said security deed, was
described as set forth in the
attached Exhibit "A" Said proper¬
ty will be sold subject to any out¬
standing ad valorem taxes
(including taxes which are a lien
but not yet due and payable), any
matters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum¬
brances, zoning ordinances,
restrictions, and all other matters
of record superior to the said
security deed Midland
Mortgage, a Division of MidFirst
Bank as loan servicer is the enti¬
ty with authority to negotiate,
amend and modify the terms of
the Note and Security Deed
Midland MidFirst Mortgage, Bank a Division of
may be contacted
at 999 Northwest Grand
Boulevard, Oklahoma City.
Oklahoma 73118 1-800-552-
3000, extension 8301 To the
best of the undersigned's knowl¬
edge and belief, the party in pos¬
session of the property is
believed to be Philip W Rains
and Dreama D Rains
MidFirst Bank.
As Transferee and Assignee.
As attorney-in-fact tor the afore¬
said Grantor
Raymond S Martin, PC.
Attorney 990 at Law
Hammond Drive
Suite 800
One Lakeside Commons
Atlanta. Georgia 30328
(7701 392-0041
THIS LAW FIRM IS ATTEMPT¬
ING TO COLLECT A DEBT. AND
ANY
forsythnews.com | FORSYTH COUNTY NEWS
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
EXHIBIT “A"
All that tract or parcel of land
n e and 3rd being District. in Land 1st Lot Section, 1138
Forsyth county, Georgia and
being Subdivision, Lot Phase 9 of Bethwicke
One as per
plat recorded in Plat Book 37,
Pages 256-257, Forsyth County,
Georgia Records, which record¬
ed plat is incorporated herein by
reference and made a part of this
description
L839 1/11,18, 25, 2/1
gpn11 NOTICE
OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
By virtue of the Power of Sale
contained in that Security Deed
executed and delivered by Jim
Cowart Residential, LLC to New
South Federal Savings Bank,
dated January 11, 2005. and
recorded in Deed Book 3644
Page 152, as re-corded February
21. 2005 in Deed Book 3684.
Page 760. as affected by thal
certain QuitClaim Deed from
New South Federal Savings
Bank to Jim Cowart Residential.
LLC. dated as of June 5, 2006,
filed lor record July 10. 2006,
recorded in Deed Book 4350,
Page 546 aforesaid Records, as
further affected by that certain
Quit Claim Deed Satisfaction
from New South Federal Savings
Bank to Jim Cowart Residential.
LLC. dated June 21, 2006. filed
for record July 31, 2006, record¬
ed in Deed Book 4380. Page
555, aforesaid Records, as fur¬
ther affected by that certain Quit
Claim Deed Satisfaction from
New South Federal Savings
Bank to Jim Cowart Residential.
LLC. dated June 21 2006. filed
for record July 31, 2006, record¬
ed in Deed Book 4380, Page
556. aforesaid Records, as fur
Iher affected by that certain Quit
Claim Deed from New South
Federal Savings Bank to Jim
Cowart Residential. LLC, dated
July 3. 2006, filed for record
August 2, 2006. recorded in
Deed Book 4386. Page 50, afore¬
said Records, as further affected
by that certain Quit Claim Deed
from New South Federal Savings
Bank to Jim Cowart Residential,
LLC. dated June 9. 2006, filed for
record August 9. 2006, recorded
in Deed Book 4397, Page 116.
aforesaid Records, as re-record¬
ed September 14, 2007 at 2 18
p m . recorded in Deed Book
4894. Page 753, aforesaid
Records; as further affected by
that certain Quit-Claim Deed
from New South Federal Savings
Bank to Jim Cowart Residential,
LLC. dated June 9. 2006, filed for
record August 9. 2006, recorded
in Deed Book 4397, Page 115.
aforesaid Records, as re-record
ed September 14. 2007, record¬
ed in Deed Book 4894 Page
754. aforesaid Records, as fur¬
ther affected by that certain Quit¬
claim Deed from New South
Federal Savings Bank to Jim
Cowart Residential, LLC. dated
June 9, 2006, filed for record
August 9, 2006, recorded in
Deed Book 4397, Page 114.
aforesaid Records as re-record
ed Septembers.2007, recorded
in Deed Book 4894. Page 755,
aforesaid Records, as further
affected by that certain Quit
Claim Deed from New South
Federal Savings Bank to Jim
Cowait Residential. LLC, dated
June 9, 2006, filed for record
August 9. 2006, recorded in
Deed Book 4397, Page 117,
aforesaid Records, as re record¬
ed September 12, 2007, record¬
ed in Deed Book 4892, Page 99,
aforesaid Records; as further
affected by that certain Quit
Claim Deed Satisfaction from
New South Federal Savings
Bank to Jim Cowart Residential,
LLC. dated June 21, 2006. filed
tor record August 17. 2006,
recorded in Deed Book 4408
Page 770. aforesaid Records; as
further affected by that certain
Quit Claim Deed from New South
Federal Savings Bank to Jim
Cowart Residential LLC. dated
July 20, 2006. filed for record
August 31. 2006. recorded in
Deed Book 4427. Page 220,
aforesaid Records, as further
affected by that certain
QuitClaim Deed from New South
Federal Savings Bank to Jim
Cowart Residential, LLC, dated
July 13, 2006, filed for record
Seplember 8. 2006, recorded in
Deed Book 4438, Page 299.
aforesaid Records; as further
affected by thal certain Release
QuitClaim Deed from New South
Federal Savings Bank to Jim
Cowart Residential, LLC, dated
June 9. 2006. filed for record
September 11, 2006. recorded in
Deed Book 4440. Page 239,
aforesaid Records; as further
affected by that certain Quit
Claim Deed from New South
Federal Savings Bank to Jim
Cowart Residential, LLC, dated
as of June 30, 2006 filed for
record September 18, 2006,
recorded in Deed Book 4449.
Page 30, aforesaid Records, as
further affected by that certain
QuitClaim Deed for Release from
New South Federal Savings
Bank to Jim Cowart Residential,
LLC, dated June 14. 2006. filed
for record November 22. 2006,
recorded in Deed Book 4534.
Page 264 aforesaid Records, as
further affected by that certain
QuitClaim Deed for Release from
New South Federal Savings
Bank to Jim Cowart Residential.
LLC, dated June 14, 2006, filed
for record November 22, 2006,
recorded in Oeed Book 4534,
Page 265, aforesaid Records, as
further affected by that certain
QuitClaim Deed for Release from
New South Federal Savings
Bank to Jim Cowart Residential,
LLC, dated June 30, 2006, filed
for record November 22, 2006,
recorded in Deed Book 4534.
Page 269, aforesaid Records, as
further affected by that certain
Quit Claim Deed for Partial
Release of Deed to Secure Debt
from New South Federal Savings
Bank to Jim Cowart Residential.
LLC, dated January 16, 2007,
filed for record March 7. 2007.
recorded in Deed Book 4660,
Page 107, aforesaid Records, as
further affected by that certain
QuitClaim Deed from New South
Federal Savings Bank to Jim
Cowart Residential, LLC. dated
July 7, 2006, filed for record
March 28, 2007. recorded in
Deed Book 4684, Page 39. afore¬
said Records, as further affected
by that certain Quit Claim Deed
for Release of Lien from New
South Federal Savings Bank to
Jim Cowart Residential, LLC,
dated June 16 2006, filed for
record March 28, 2007, recorded
in Deed Book 4684, Page 44.
aforesaid Records; as further
affected by that certain Quit
Claim Deed from New South
Federal Savings Bank to Jim
Cowart Residential. LLC. dated
August May 24. 2006. filed for record
4. 2007, recorded in Deed
Book 4733, Page 715, aforesaid
Records, as further affected by
that certain Quit Claim Deed for
Partial Release of Deed to
Secure Debt from New South
Federal Savings Bank to Jim
Cowart Residential. LLC. dated
January 16, 2007, filed for record
May 7, 2007, recorded in Deed
7C
Book 4736, Page 99, aforesaid
Records, as further affected by
that certain Quit Claim Deed of
Release from New South Federal
Savings Bank to Forsyth County,
a political subdivision of the
Slate of Georgia dated October
16, 2006. filed for record April
17. 2009. recorded in Deed Book
5392, Page 428, aforesaid
Records; as further affected by
that certain QuitClaim Oeed from
New South Federal Savings
Bank to Jim Cowart Residential,
LLC, dated April 24, 2009, filed
for record April 28. 2009, record¬
ed in Deed Book 5401, Page
382, aforesaid Records; as fur¬
ther affected by thal certain
QuitClaim Deed from New South
Federal Savings Bank to Jim
Cowart Residential, LLC. dated
June 23, 2009. filed for record
July 29, 2009, recorded in Deed
Book 5495. Page 384, aforesaid
Records, as further affected by
that certain QuitClaim Deed from
New South Federal Savings
Bank to Jim Cowart Residential.
LLC. dated November 9, 2009.
filed for record January 7. 2010.
recorded in Deed Book 5605,
Page 227. aforesaid Records; as
further affected by that certain
QuitClaim Deed of Release from
New South Federal Savings
Bank to Forsyth County, a politi
cal subdivision ot the State of
Georgia, dated March 14. 2006
filed for record May 10, 2006.
recorded in Deed Book 4270.
Page 334, Forsyth County
Records, conveying the alter
described property to secure a
Note in the original principal
amount of Six Million Seven
Hundred Ninety Three Thousand
Dollars and 0/00 ($6,793,000 00)
with interest thereon as set forth
therein, there will be sold at pub¬
lic outcry before the Courthouse
door in said County by LPP
Mort iage Ltd , as assignee of
the ederal Deposit Insurance
Corporation, as Receiver for New
South Federal Savings Bank, per
that certain Assignment of Deed
to Secure Debt and Security
Agreement from Federal Deposit
Insurance Corporation as
Receiver for New South Federal
Savings Bank to Beal Bank,
dated as of June 28. 2010. filed
for record July 27, 2010, record¬
ed in Deed Book 5736, Page 17,
aforesaid Records, as fuither
assigned by that certain
Assignment of Deed to Secure
Debt and Security Agreement
from Beal Bank to Property
Acceptance Corp , dated as ol
June 28, 2010. effective January
9. 2010. filed for record July 27,
2010. recorded in Deed ook
5736 Page 21, aforesaid
Records, as further assigned by
that certain Assignment ot Deed
to Secure Debt and Security
Agreement from Property
Acceptance Corp. to LPP
Mortgage Ltd . a Texas limited
partnership, dated as of June 28.
2010, effective January 9, 2010,
tiled for record July 27, 2010.
recorded in Deed Book 5736.
Page Records, 25, Forsyth (founty
of during the legal hours
sale on the first Tuesday in
February, 2012, to the highest
bidder for cash, the following
described property, as follows
All that tract or parcel of land
lying and being in Land Lots
1230, 1291 and 1292 of the 3rd
District, 1st Section, and Land
Lot 32 of the 2nd District, 1st
Section, Forsyth County. Georgia
and being more particularly
described as follows
BEGINNING at an iron pin found
at the intersection of Land Lots
31. 32, 1291 and 1292; thence
run North 23 degrees 27 minutes
46 seconds West, a distance of
110 08 feet to a point; thence run
North 37 degrees 38 minutes 47
seconds West, a distance of
158 31 feet to a point; thence run
North 34 degrees 37 minutes 16
seconds West, a distance of
50 00 feet to a point; thence ran
along the arc ot a curve to the
right, an arc distance of 46 32
feet (said curve having a radius
of 15 05 feet, being subtended
by a chord bearing North 53
degrees 33 minutes 52 seconds
East, a chord distance of 30 08
feet) to a point, thence run North
38 degrees 15 minutes 00 sec¬
onds West, a distance ot 246 81
feet to a point; thence run South
65 degrees 00 minutes 25 sec¬
onds West, a distance of 556 81
feet to a point; thence run South
38 degrees 59 minutes 08 sec¬
onds West a distance of 288 06
feet to a point thence run South
t9 degrees 27 minutes 13 sec
onds West, a distance of 239 09
teet to a point, thence run North
86 degrees 45 minutes 43 sec¬
onds West, a distance of 284 82
feet to a point found on the com¬
mon line of Land Lots 32 and 33
thence run along the common
line of Land Lots 32 and 33
North 02 degrees 27 minutes 55
seconds East, a distance of
63 70 feet to a rock found,
thence run along the common
line of Land Lots 32, 33. 1292
and 1293 North 02 degrees 00
minutes 57 seconds West, a dis
tance of 1423 18 leet to a point
located at the intersection ol
Land Lots 1228, 1229, 1292 and
1293; thence run along the com¬
mon line of Land Lots 1229 and
1292 North 88 degrees 05 min¬
utes 35 seconds East, a distance
of 198 91 feet to a point, thence
continue to run along the com¬
mon line of Land Lots 1229 and
1292 North 88 degrees 10 min¬
utes 12 seconds East, a distance
of 615.20 feet to an iron pin
found thence continue to run
along the common line of Land
Lots 1229 and 1292 North 85
degrees 30 minutes 14 seconds
East, a distance of 446 79 feet to
an iron pin found; thence contin¬
ue to run along the common line
of Land Lots 1229 and 1292
North 85 degrees 41 minutes 16
seconds East, a distance of
140 16 feet to an iron pin found
located at the intersection of
Land Lots 1229, 1230, 1291 and
1292; thence run along the com¬
mon line of Land Lots 1230 and
1291 North 85 degrees 40 min¬
utes 15 seconds East, a distance
of 317 24 feet to an iron pin
found; thence leave the common
line of Land Lots 1230 and 1291
and run North 00 degrees 18
minutes 12 seconds East, a dis¬
tance of 46 41 feet to a point,
thence run North 77 degrees 57
minutes 45 seconds East, a dis¬
tance of 110 38 feet to a point
thence run North 38 degrees 29
minutes 41 seconds East, a dis¬
tance of 181 37 feet to a point,
thence run South 59 degrees 49
minutes 53 seconds East, a dis¬
tance of 198 31 feet to a point;
thence run North 26 degrees 53
minutes 35 seconds East, a dis¬
tance of 48 57 teet to a point,
thence run South 66 degrees 22
minutes 58 seconds East, a dis¬
tance of 148 28 feet to a point,
thence run South 32 degrees 19
minutes 41 seconds West, a dis¬
tance of 244 75 feet to a point,
thence run South 39 degrees 21
minutes 34 seconds West, a dis¬
tance of 236 80 feet to a point;
thence run South 78 degrees 45
minutes 05 seconds West, a dis¬
tance of 115.81 feet to a point,
thence run South 22 degrees 01
minutes 12 seconds West, a dis¬
tance of 264.05 feet to a point;
See LEGALS18C