Newspaper Page Text
26C
LEGALS from Page 25C
Records, as Iasi transferred lo
Wells Fargo Bank. N A by
assignment to be recorded in the
Office of the Clerk of Superior
Court of Forsyth County, Georgia
described Records,conveying the after
property to secure a
Note in the original principal
amount ol ONE HUNDRED THIR¬
TY-TWO THOUSAND EIGHT
HUNDRED AND 0/100 DOLLARS
(S132.800 00). with interest
thereon as set forth therein there
will be sold at public outcry to the
highest bidder for cash before Ihe
courthouse County. Georgia door of Forsyth
within the leg al
hours of sale on the first Tuesdi ay
in February, 2012, the foHowing
described property SEE EXHIB
IT A ATTACHED HERETO AND
MADE A PART HEREOF
The debt secured by said
Security Deed has been and is
hereby declared due because of.
among other possible events of
default, failure to pay the indebt¬
edness as and when duo and in
the manner provided in the Note
and Security Deed The debt
remaining in default, this sale will
be made for the purpose of pay¬
ing the same and all expenses of
this sale, as provided in Security
Deed and by law including attor¬
ney s fees (notice of intent lo col¬
lect attorney's 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 disclosed by an accu¬
rate survey and inspection of the
property, any assessments, liens,
encumbrances zoning ordi¬
nances. restrictions, covenants,
and matters of record superior to
Ihe Security Deed first set out
above
The entity that has full authority
to negotiate amend, and modify
all terms of the mort 'gage with the
dehtoT is Wells PO Fargo ! . Home
Mort gage, Inc.. Box 10335,
Des Moines. IA 50306. 1-800
416 1472 Please understand
that the secured creditor is not
required by law to negotiate
amend, or modity the terms of
Ihe mortgage instrument
To the best knowledge and belief
of the undersigned, the party in
possession or the property is
Louis R Zoeckler and Janet L
Zoeckler or a tenant or tenants
and said property is more com¬
monly known as 6320 Alfred
Way. Cumming. Georgia 30040.
The sale will be conducted sub¬
ject (1) to confirmation that the
salo is not prohibited under the
U S Bankruptcy Code and (2) to
final confirmation and audit of the
status of the loan with the holder
of the security deed
This law firm is seeking solely lo
foreclose the creditors lien on
real estate and this law firm will
not be seeking a personal money
judgment against you
Wells Fargo Bank. N A
as Attorney in Fact tor
Louis R Zoeckle r and Janet L
Zoeckler
McCalla Raymer. LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www foreclosurehotline net
MR/qlb 2/7/12
Our file no 51569411-FT7
EXHIBIT "A
All that tract or parcel of land
lying and being in Land Lot 408
of the 3rd District. 1st Section.
Forsyth County. Georgia, being
Lot 14 ol Jesslin Oaks
Subdivision, as per plat recorded
in Plat Book 44, Pages 79-82 in
the Office of the Clerk of Superior
Court of Forsyth County, Georgia,
which recorded plat is incorporat¬
ed herein by reference and made
a part of this description
MR/qlb 2/7/12
Our file no 51569411 - FT7
L034 1/11,18. 25, 2/1
1 pn11
TATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power
of sale contained in a Security
Deed from CEEOS, LLC N/K/A
CEEDS OF CUMMING. LLC to
Crescent Bank and Trust
Company, dated November 9.
2005 recorded November 10,
2005, in Deed Book 4043, Page
694, Forsyth County, Georgia
records as transferred to
Renasant Bank pursuant to that
certain Purchase and Assumption
Agreement dated as of July 23,
2010, by and among Renasant
Bank. The Federal Deposit
Insurance Corporation. Receiver
of Crescent Bank & Trust
Company and The Federal
Deposit Insurance Corporation,
and as assigned to RENASANT
BANK by Assignment recorded in
Deed Book 5810, Page 168,
Forsyth County. Georgia records,
said Security Deed being given to
secure a Note Irom CEEDS, LLC
dated December 17. 2008. in the
original Thousand principal amount of Forty
Nine One Hundred
($49,187 Eighty Seven and 93/100
93) Dollars, with inter¬
est from date at a rate per cent
per annum on the unpaid balance
until paid, there will be sold by
the undersigned at public outcry
to the highest bidder (or cash
before the Courthouse door at
Forsyth County, Georgia, within
the legal hours of sale on the first
Tuesday in February, 2012, the
following described property
All that tract or parcel of land
of lying and being in Land Lot 199
the 14th D istrict and 1st
Section of Forsyth County.
Georgia, being Lot 76. Section A,
Lakeside Manor Estates as per
plat of T P Thomas. Registered
Surveyor No 1099, as recorded
in Plat Book 1, Page 127. Forsyth
County, Georgia records, which
plat ids incorporated herein and
made a pari hereof by reference
The debt secured by said
Security Deed has been and is
hereby declared due because of,
among other possible events ot
default, failure to pay Ihe indebt¬
edness as and when due and in
the manner provided in the Note
and Security Deed The debt
remaining in detault, this sale will
be made for the purpose of pay¬
ing the same and all expenses ot
this sale, as provided In the
Security Deed and by law. includ¬
ing attorney’s tees (notice of
intent to collect attorney's fees
having Said been given).
property will be sold subject
to any outstanding ad which valorem
taxes (including taxes and are
a lien, but not yet due
payable), any matters which
might be disclosed by an accu¬
rate survey and inspection of the
property, any assessments, liens,
easements, encumbrances, zon¬
ing ordinances, restrictions,
covenanls. and mailers of record
superior to the Security Deed first
set out above
To the best knowledge and belief
of the undersigned, oT the party In
possession the property is
CEEDS, LLC N/K/A CEEDS OF
CUMMING, LLC Of a tenant or
tenants.
RENASANT BANK,
as attorney in Fact for CEEDS.
LLC N/K/A CEEDS OF CUM
MING, LLC
L. Lou Allen
Sides 4 Harbison, PLLC
11 Mountain Street. Sulla 8
Blue Ridge, Georgia 30513
(706) 632-7923
«
FORSYTH COUNTY NEWS | forsythne ws.com
File No RE218-00013
L035 1/11, 18. 25, 2/1
gpn11 STATE OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
UNDER POWER
Under and by virtue of the power
of sale contained in a Security
Deed from MAGEE MAGEE
BUILDERS. INC to FIRST BANK
OF THE SOUTH N K. A UNITED
COMMUNITY BANK, dated
March 28. 2008 recorded April 1,
2008, in Deed Book 5085. Page
54 Forsyth County Georgia
records, as last modified by
Modification of Security Deed
dated October 19. 2010 record¬
ed in Deed Book 5819 Page 336
Forsyth Security County, Georgia records,
said Deed being given to
secure a Note from GARY
MAGEE, with interest from date
at a rate per cent per annum on
the unpaid balance until paid,
there will be sold by the under¬
signed at public outcry to the
highest bidder for cash before the
Courthouse door at Forsyth
County. Georgia, within the Tuesday legal
hours of sale on the first
in February. 2012, the following
described property
All that tract or parcel of land
lying 317, and being in Land Lots 316.
332, and 333 ot Ihe 14th
District, 1st Section Forsyth
County, Georgia, according to a
survey for Leona Hughes, dated
June 26. 1992. prepared by J A
Page, Jr., said tracts being most
particularly described according
to said survey as follows
TRACT t (containing 7 30 acres,
more or less)
TO LOCATE THE TRUE PLACE
OR POINT OF BEGINNING
begin at an iron pin set at the
corner common to Land Lots 317,
318, 232 and 233 and thence
leaving said land lot corner run
South 32 degrees 55 minutes 34
seconds East a distance of
1.268 09 feet to a point located in
the centerline of Setting Down
Creek, which point marks the
TRUE PLACE OR POINT OF
BEGINNING
FROM THE TRUE PLACE OR
POINT OF BEGINNING AS
THUS ESTABLISHED and tun
thence along said centerline of
Setting Down Creek South 81
degrees 29 minutes 21 seconds
East a distance of 310 49 feet to
a point, continuing along said
centerline, run thence South 77
degrees 33 minutes 50 seconds
East a distance of 141 74 feet to
a point, continuing along said
centerline, run thence South 86
degrees 00 minutes 33 seconds
East a distance of 40 57 feet to a
point, continuing along said cen¬
terline, run thence South 70
degrees 40 minutes 19 seconds
East a distance of 506 36 feet to
a point located an the northwest¬
erly right of way line of Georgia
Highway 400; leaving said center
line of Setting Down Creek, run
thence along said right of way
line of Georgia Highway 400
South 37 degrees 50 minutes 17
seconds West a distance of
225 00 feet to a point, leaving
said right of way line, run thence
South 69 degree 29 minutes 26
seconds West a distance of 93.36
feet to a point, run thence South
68 degrees 14 minutes 30 sec¬
onds West a distance ot 57 67
feet to a point run thence South
15 degrees 54 minutes 30 sec¬
onds West a distance of 33 40
feet to a point, run thence South
45 degrees 46 minutes 54 sec¬
onds West a distance of 99 34
feet fo a point, run thence South
20 degrees 56 minutes 38 sec¬
onds West a distance of 61.38
feet to a point run thence South
55 degrees 54 minutes 23 sec¬
onds West a distance of 72 68
feet to a point; run thence North
70 degrees 58 minutes 14 sec¬
onds West a distance of 78 14
feet to a point, run thence North
29 degrees 33 minutes 56 sec¬
onds West a distance of 6124
feel to a point run thence North
53 degrees 05 minutes 18 sec¬
onds West a distance of 50.25
feet to a point, run thence North
03 degrees 49 minutes 29 sec¬
onds West a distance of 42 98
feet to a point; run thence South
89 degrees 58 minutes 24 sec¬
onds West a distance 50.11 feet
to a point marked by a rock locat¬
ed on the land lot line common to
Land Lots 316 and 333. runs
thence along said land lot line
common to Land Lots 316 and
333 North 00 degrees 32 minutes
50 seconds East a distance of
103.77 feet to a point marked by
a pipe; leaving said land lot line,
run thence North 47 degrees 50
minutes 12 seconds West a dis¬
tance of 428 24 feet to a point
run thence North 03 degrees 38
minutes 13 seconds West a dis¬
tance of 135 41 feel to a point
located in the centerline of
Setting Down Creek, said point
being the TRUE PLACE OR
POINT OP BEGINNING
The debt secured by said
Security Deed has been and is
hereby declared due because of,
among other possible events of
default, failure to pay the indebt¬
edness as and when due and in
the manner provided in the Note
and Security Deed The debt
remaining in default, this sale will
be made for the purpose of pay¬
ing the same and all expenses of
this sale, as provided in the
Security Deed and by law includ¬
ing attorney s fees (notice of
intent to collect attorney's 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 disclosed by an accu¬
rate survey and inspection of the
property, any assessments, liens,
easements, encumbrances, zon¬
ing ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first
set out above
To the best knowledge and belief
of the undersigned, the party in
possession of the properly is
MAGEE/MAGEE BUILDERS.
INC or a tenant or tenants
FIRST BANK OF THE SOUTH
N/K/A UNITED COMMUNITY
BANK.
as attorney in Facf for
MAGEE/MAGEE BUILDERS,
INC
L. Lou Allen
Stites 8 Harbison, PLLC
11 Mountain Street. Suite 8
Blue Ridge, Georgia 30513
(706) 632 7923
File No 7484A-03188
L036 1/11,18, 25.2/1
gpnt 1
STATE OF GEORGIA
COUNTY OF FORSYTH
Pursuant to a power of sale con¬
tained in a certain Deed to
Secure Debt executed by Terri D,
Howard, hereinafter referred to
as Grantor, with the singular
including the plural. to
Appalachian Deed Community 5279. Bank,
recorded in Book
beginning of at Page the Clerk 375. the of deed
records Ihe
Superior Court of the aforesaid
stale and county, having been
given lo secure Ihe Promissory
Note in Ihe principal sum ot
$225,000 00 with interest at the
rate staled in said Promissory
Note on the unpaid balance until
paid, and by virtue of a default in
the payment of (he debt secured
by said Deed to Secure Debt, the
undersigned attorney-in-fact for
the aforesaid Grantors (which
attorney-in-fact is the present
holder of said Deed to Secure
Debt and debt secured thereby)
will sell before the door of the
courthouse in said county within
the legal hours of sale, tor cash,
to the highest bidder on Tuesday,
February 7. 2012 the property
which, as ol the time of the exo
cution of said Deed to Secure
Debt, was described as set forth
in the attached Exhibit A " Said
sale will be made subject to the
following items which may affect
the title to said property All supe¬
rior liens, restrictive covenants,
easements and rights-of-way
appearing of record, if any; all
zoning ordinances, matters which
would be disclosed by an accu¬
rate survey or by an inspection of
the property all outstanding
and or unpaid taxes which may
be liens upon the property, all
outstanding or for unpaid bills and
assessments street improve¬
ments, curbing garbage, water,
sewage and public utilities which
may be liens upon said property
Community & Southern Bank, As
Attorney-In-Fact For The
Aforesaid Grantor
STOKES LAZARUS
CARMICHAEL LLP
80 Peachtree Park Drive N E
Atlanta 404-603-3450. Georgia 30309-1320
ext 32
THIS COMMUNICATION IS
FROM A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE
EXHIBIT (A)
LEGAL DESCRIPTION
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 275 OF THE 2ND
DISTRICT, 1ST SECTION
FORSYTH COUNTY, GEORGIA
BEING LOT 84 FREEDOM
CREEK PHASE 1 - A & 2 A AT
ANTHEM SUBDIVISION. AS
PER PLAT RECORDED IN PLAT
BOOK 72, PAGES 41-53.
FORSYTH COUNTY, GEORGIA
RECORDS. WHICH PLAT IS
INCORPORATED HEREIN AND
MADE A PART HEREOF BY
REFERENCE
L037 1/11, 18. 25. 2/1
gpnt 1
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
By virtue of Ihe power of sale
contained in that certain Deed to
Secure Debt from LAURA D.
HAYNES and WILLIAM B
HAYNES, residents of the Slate
of Georgia (collectively.
"Grantor") to CHESTATEE STATE
BANK ( "Original Grantee”), dated
June 15. 2006. recorded on June
19. 2006, in Deed Book 4324.
Page 763. Forsyth County.
Georgia Superior Court Records,
as modified by Modification ol
Deed to Secure Debt daled June
20, 2006. recorded on July 3,
2006, in Deed Book 4342, Page
538. aforesaid records, as further
moditied by Modification of Deed
to Secure Debt dated January 10,
2008. recorded on January 17,
2008. in Deed Book 5012, Page
316, aforesaid records; as further
modified by Modification ol Deed
to Secure Debt dated July 18.
2008. recorded on August 11,
2008. in Deed Book 5203. Page
437, aforesaid records; as turther
modified by Modification of Deed
to Secure Debt dated July 30.
2009. recorded on August 26,
2009. in Deed Book 5516. Page
70. aforesaid records; as
assigned to Bank of the Ozarks
by Mastei Assignment dated
February 4, 2011, recorded on
February 8, 2011, In Deed Book
5900. Page 320, aforesaid
records (said Real Estate Deed
to Secure Debt as may have
been modified and assigned from
time to time, hereinafter referred
to collectively as the “Security
Deed"), said Security Deed being
given to secure the payment ot a
promissory note dated June 15.
2006. made by Grantor to the
order ot Original Grantee in the
original principal amount of ONE
HUNDRED TWENTY-SEVEN
THOUSAND SEVENTY EIGHT
AND 03/100 DOLLARS
(S127.078 03). as last renewed
by promissory note dated July 30.
2009. as said principal amount
was moditied to $371,875 64.
with interest from the date thereof
at the rate specified therein (said
promissory note, as renewed,
modified and assigned from time
to time, hereinafter referred to
collectively as the "Note”), the
Federal Deposit Insurance
Corporation having been appoint¬
ed Receiver tor Chestatee Stale
Bank and said Note and Security
Deed having been assigned by
the Federal Deposit Insurance
Corporation, as Receiver tor
Chestatee State Bank to BANK
OF THE OZARKS. AS SUCCES¬
SOR IN INTEREST TO AND
ASSIGNEE OF THE FEDERAL
DEPOSIT INSURANCE CORPO¬
RATION AS RECEIVER FOR
CHESTATEE STATE BANK
(“Grantee") together with all other
amounts payable by Grantor to
Grantee, there will be sold by the
undersigned at public outcry to
the highest bidder for cash before
the Courthouse door at Forsyth
County, Georgia, within the legal
hours ot sale on the first Tuesday
of February, 2012, the following
described properly, fo-wil
All that certain tract or parcel of
land lying and being in Land Lot
635 of the 2nd District and 1st
Section of Forsyth County.
Georgia, and being more fully
described in Exhibit A” attached
hereto and incorporated herein
for a more complete description.
TOGETHER, with all buildings,
structures and other improve¬
ments located on Ihe properly
hereinbefore described, or any
part and parcel thereof; and
TOGETHER, with all rights, title
and Interest of Grantor in and to
the minerals, (lowers, shrubs,
crops, trees, timber and other
emblements on said property or
under or above the same or any
part ot parcel thereof, and
TOGETHER, with all and singular
the tenements, hereditaments,
easements and appurtenances
thereunto belonging or in any
wise appertaining, and Ihe rever
sion or reversions, remainder and
remainders, rents, issues and
profits hereof, and also all the
estate, right, title, interest, claim
and demand whatsoever of
Grantor of, in and to Ihe same
and of. in and lo every pari and
parcel thereof; and
TOGETHER, with all machinery,
apparatus, fixtures, equipment, fillings,
whether actually or con¬
structively attached to said prop¬
erty and including all trade,
domestic and ornamental fix¬
tures. and articles of personal
property of every kind and nature
whatsoever (hereinafter collec¬
tively called "Equipment"), locat¬
ed in, upon or under said proper¬
ty or any part thereof and used or
useable in connection with any
present or future operation of
said property and owned or
acquired by Grantor, including,
but without limiting the generality
of the foregoing, freezing, all heating lighting, air
conditioning. laundry, incinerating and
power
equipment, engines, pipes,
pumps, tanks, motors, conduits,
switchboards, plumbing, lifting,
cleaning, fu.i prevention, fire
extinguishing refrigerating, venti¬
lating and conmunications appa¬
ratus boilers, ranges, furnaces
oil burners or units thereof, appli¬
ances; air-cooling and air-condi
tioning appar = tus vacuum clean¬
ing systems, elevators, escala¬
tors; shades awnings, screens,
storm door i» and windows
stoves wall t>eds, refrigerators
attached cabinets, partitions,
ducts and compressors, awnings
screens, storm doors and win¬
dows. stoves, wall beds, refriger¬
ators. attach ad cabinets, parti¬
tions. ducts and compressors,
rugs and carpets, draperies fur¬
cial, niture and furnishings in commer¬
institutional and industrial
buildings, together with alt addi¬
tions thereto and replacements
thereof; and
TOGETHER with any and all
rents which a e due by reason of
the renting, leasing and bailment
of property iriprovements there¬
on TOGETHER and Equipment, and
with any and all
awards or poyments. including
interest them on, and the right to
receive the name, as a result ol
(a) the exeroise of the right ot
eminent domain, (b) the alter¬
ation of the grade of any street,
or (c) any other injury to. taking of
of. ot decrease in the value
the premise-! to the extent of all
amounts wti.ch are secured by
the Security Deed at the date of
receipt of any such award or pay¬
ment by Gra ntee and of the rea¬
sonable attorney's fees, costs
and disbursuments incurred by
Grantee in collection of such
award or pay nent
All of the above hereinafter
referred to a s- "Property' 1
The indebted ness secured by the
Security Deod has been and is
hereby decln red due because ot
default unde r the terms of said
Note and Security Deed includ¬
ing, but not limited, lo the failure
to make payments thereunder
when due The indebtedness
remaining in default, the sale will
be made lor the purpose ot
applying tho proceeds thereof to
the payment of the indebtedness
secured by the Security Deed
accrued inte ,-est and expenses of
the sale an :l all other payments
provided tor under the Security
Deed, including attorneys fees as
provided in the Note and Security
Deed. notiC'S of intention to col¬
lect attorneys' tees having been
given as provided by law, and the
remainder, if any. shall be applied
as provided I:>y law
Grantee reserves the right to sell
the Property in one parcel and as
an entirety, or in such parcels as
Grantee may elect, as permitted
in the Securit y Deed.
To the best at Grantee's knowl¬
edge and brilief, the parties in
possession of the Property are
Grantor and/or tenants of Grantor
or other persons in possession
with Ihe consent or acquiescence
of Grantor
Said Property will be sold as the
property of Grantor subject to all
unpaid real estate ad valorem
taxes, gove rnmental assess¬
ments and rotated liens and all
prior restrici' ons. reservations,
covenants, rights-of-way. ease
ments, encumbrances and other
matters of record, if any. appear¬
ing of record prior to the dale of
Ihe Security ai Deed and those
appearing ter the date of the
Security Deed and consented to
of record by Grantee.
BANK OF T HE OZARKS, AS
SUCCESSOR: IN INTEREST TO
AND ASSIGNEE OF THE FED¬
ERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER
FOR CHESTATEE STATE BANK.
ATTORNEY-IN-FACT FOR
LAURA D HAYNES AND
WILLIAM B HAYNES
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn; Marc D. Glenn, Esq.
(678) 336-71/5
EXHIBIT "A
LEGAL DEBCRITION OF THE
PROPERTY
All that tract or parcel of land
lying and be ng in Land Lot 635
of the 2nd District, 1st Section,
Forsyth County, Georgia and con¬
taining 7.933 acres, being Tract
11B containing 3 962 acres and
11D contain ng 3.971 acres, as
shown on Eloundary Survey for
William B. H aynes and Laura D
Haynes, daled May 18, 2006.
prepared by Georgia Premier
Land Surveying. Inc and bearing
Ihe seal of Eirian R Sutherland,
Georgia Registered Land
Surveyor No 2900, said survey
being incorporated herein by ref¬
erence and which more particu¬
larly describes said property as
follows.
BEGIN at th e common intersec¬
tion ot Land Lots 662, 663. 634
and 635 and proceed along Ihe
western original line ot Land Lot
635 North 00 degrees 48 minutes
15 seconds East 607 01 feet to a
1/2 inch rebar; thence leavini
said land tot line Soulh 8
degrees 42 minutes 44 seconds
East 184 50 feet to an iron pin;
thence South 00 degrees 00 min¬
utes 00 seconds East 472 58 teet
to an iron pin; thence South 89
degrees 06 minutes 36 Seconds
East 131 90 teet to an iron pin;
thence Nortti 01 degrees 02 min¬
utes 15 seconds East 92 64 feet
to an iron p>in; thence North 50
degrees 11 minutes 37 seconds
East 148 92 feet to an iron pin.
thence North 12 degrees 58 min¬
utes 44 seconds East 244 10 feet
to a PK nail set on the centerline
of a 25 toot ingress - egress
easement as noted on the above
described pint, thence continuing
along Ihe centerline ot said ease
ment South 79 degrees 11 min¬
utes 22 seconds East 71 21 leet
to a PK nail; thence South 64
degrees East 52 53 minutes feet 35 seconds
121 to a 1/2 inch
tebar, thence South 60 degrees
01 minutes 35 seconds East
319 22 feet to the centerline of a
creek, thence following along Ihe
centerline of said creek the fol¬
lowing courses and distances
South 47 degrees 00 minutes 15
seconds Went 2 13 feet, South 38
degrees 33 73 minutes 38 seconds
West 27 teet; South 46
degrees 52 minutes 17 seconds
West 21 63 feet; South 46
degrees 06 minutes 02 seconds
West 17 1 ۥ teet. South 51
degrees 12 minutes 39 seconds
West 44.48 feet. South 57
degrees 23 minutes 48 seconds
West 21 51 feet, South 51
degrees 25 minutes 57 seconds
West 32 6 1 teet South 27
degrees 09 minutes 09 seconds
West 21 47 teet, South 47
degrees 00 minute* 23 seconds
West 60 35 feet; South 50
degrees 46 minutes 28 seconds
West 35.67 teet. south 53
degrees 53 minutes 32 seconds
West 46 62 feet; South 19
degrees 55 minutes 36 seconds
West 32 79 feet; South 09
degrees 39 minutes 04 seconds
East 25 98 teet; South 07
degrees 04 minutes 37 seconds
East 14 62 feet, South 24
degrees 29 minutes 48 seconds
West 34 09 feet; South 50
degrees 30 minutes 44 seconds
West 22 84 feel; South 59
degrees 19 minutes 51 seconds
West 16 27 teet to a point on the
southern original line of Land Lot
635. thence North 88 degrees 44
minutes 49 seconds West 191 86
feet fo a point; thence North 88
WEDNESDAY, JANUARY 25.2012
degrees 44 minutes 49 seconds
West 465 65 feel to the point of
beginning 18.25,
L038 1/11, 2/1
gpn 11
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
By virtue ol Ihe power ol sale
contained in that ceitain Deed lo
Secuie Debt from WILLIAM B
HAYNES. JR a k a WILLIAM B
HAYNES and LAURA D
HAYNES, residents ol Ihe Slate
ot Grantor") Georgia CHESTATEE (collectively. STATE
to
BANK ( 'Original Grantee"), dated
December 6. 2006, recorded on
December 7, 2006 in Deed Book
4552. Page 378 Forsyth County,
Georgia Superior Court Records
as modified by Modification ol
Deed to Secure Debt dated
December 13. 2007, recorded on
December 31. 2007 in Deed
Book 4997, Page 279. aforesaid
records, as further modified by
Modification ot Deed to Secure
Debt dated January 10. 2008.
recorded on January 17. 2008. in
Deed Book 5012, Page 314,
aforesaid records, as further
modified by Modification of Deed
to Secure Debt dated December
18 2008. recorded on January 2
2009. in Deed Book 5291, Page
311. aforesaid tecords, as further
modified by Modilication of Deed
to Secure Debt dated July 30.
2009. recorded on August 26.
2009. in Deed Book 5516, Page
73, aforesaid records; as
assigned to Bank of the Ozarks
by Master Assignment dated
February 4, 2011. recorded on
February 8. 2011, in Deed Book
5900 Page 320. aforesaid
records (said Real Estate Deed
lo Secure Debt as may have
been modified and assigned from
time to time, hereinafter referred
to collectively as the "Security
Deed"), said Security Deed being
given to secure the payment of a
promissory note dated December
6. 2006. made by Grantor to the
order ot Original Granlee in the
original FIFTY-ONE principal amount of
THOUSAND ONE
HUNDRED TWENTY TWO AND
00/100 DOLLARS ($51.122 00).
as last renewed by promissory
note dated December 18. 2008.
as said principal amount was
modified to S49.731 90. with
interest from the date thereof at
the rate specified therein (said
promissory note, as renewed,
modified and assigned Irom lime
to lime, hereinafter referred lo
collectively as the "Note"), Ihe
Federal Deposit Insurance
Corporation having been appoint¬
ed Receiver lor Chestatee Slate
Bank and said Note and Security
Deed having been assigned by
the Federal Deposit Insurance
Corporation, as Receiver for
Chestatee State Bank to BANK
OF THE OZARKS AS SUCCES¬
SOR IN INTEREST TO AND
ASSIGNEE OF THE FEDERAL
DEPOSIT INSURANCE CORPO¬
RATION AS RECEIVER FOR
CHESTATEE STATE BANK
("Grantee") together with all other
amounts payable by Grantor to
Grantee, there will be sold by the
undersigned at public outcry to
the highest bidder tor cash before
the Courthouse door at Forsyth
County, Georgia, within the legal
hours of sale on the first Tuesday
of February. 2012. the following
described property, to-wit
All that certain tract or parcel of
land lying and being In Land Lots
662 and 663 ol Ihe 2nd District
and 1st Section of Forsyth
County. Georgia, and being more
fully described in Exhibit A
attached hereto and incorporated
herein for a more complete
description
TOGETHER, with all buildings,
structures and ofher improve¬
ments located on Ihe properly
hereinbefore described, or any
part and parcel thereof; and
TOGETHER, with all rights, title
and interest ot Grantor in and to
the minerals, flowers, shrubs,
crops, trees, timber and other
emblements on said property or
under or above the same or any
part or parcel thereof, and
TOGETHER, with all and singular
the tenements, hereditaments,
easements and appurtenances
thereunto belonging or in any
wise appertaining, and the rever¬
sion or reversions, remainder and
remainders, rents, issues and
profits hereof; and also all the
estate, right, title, interest, claim
and demand whatsoever ot
Grantor of in and to the same
and of, in and to every part and
parcel thereof; and
TOGETHER, with all machinery,
apparatus, equipment, fittings,
fixtures, whether actually or con¬
structively attached to said prop¬
erty and including all trade,
domestic and ornamental fix¬
tures. and articles ot personal
property ot every kind and nature
whatsoever (hereinafter collec¬
tively called "Equipment"), locat¬
ed in, upon or under said proper¬
ty or any part thereof and used or
useable In connection with any
present or future operation of
said property and owned or
acquired by Grantor, including,
but without limiting Ihe generality
of tho foregoing all healing . air
conditioning, freezing, lighting,
laundry, incinerating and power
equipment, engines, pipes,
pumps, tanks, motors, conduits,
switchboards, plumbing, lifting,
cleaning, fire prevention, fire
extinguishing refrigerating, venti¬
lating and communications appa¬
ratus, boilers, ranges, furnaces,
oil burners or units thereof appli¬
ances, air-cooling and air-condi¬
tioning apparatus; vacuum clean¬
ing systems, elevators, escala¬
tors, shades, awnings screens
storm doors and windows,
stoves; wall beds; refrigerators,
attached cabinets; partitions,
ducts and compressors awnings,
screens; storm doors and win¬
dows; stoves, wall beds; refriger¬
ators, attached cabinets, parti¬
tions; ducts and compressors;
rugs and carpets; draperies; fur¬
niture and furnishings in commer¬
cial. institutional and industrial
buildings, together replacements with alt addi¬
tions thereto and
thereof; and
TOGETHER, with any and all
rents which are due by reason ot
the renting, leasing and bailment
of properly improvements there¬
on TOGETHER, and Equipment, and
with any and ail
awards or payments, including
interest thereon, and the right to
receive the same, as a result of
(a) the exercise of Ihe right of
eminent domain, (b) the alter¬
ation of Ihe grade of any street,
or (c) any other injury to lakin
of, or decrease in the value of,
the premises, to the extent ot all
amounts which are secured by
the Security Deed at the date of
receipt ot any such award or pay¬
ment by Grantee and ot the rea¬
sonable attorney's tees, costs
and disbursements incurred by
Grantee in collection of such
award or payment
All ot the above hereinafter
referred lo as "Property”.
The indebtedness secured by the
Security Deed has been and is
default hereby declared due because of
under the terms of said
Note and Security Deed includ¬
ing. but not limited, to the failure
to make payments thereunder
when due The Indebtedness
remaining in default, the sale will
be made for Ihe purpose of
applying the proceeds thereof to
the payment ol the indebtedness
secured by the Security Deed
accrued interest and expenses of
the sale and all other payments
provided for under the Security
Deed, including attorneys' fees as
provided in the Note and Security
Deed, notice of intention to col¬
lect attorneys fees having been
given as provided by law. and the
remainder, if any. shall be applied
as provided by law
Grantee reserves the right to sell
the Property in one parcel and as
an entirety, or in such parcels as
Grantee may elect, as permitted
m the Security Deed Grantee's knowl¬
To the best of
edge and belief, the parties in
possession of the Property are
Grantor and/or tenants of Grantor
or other persons in possession
with the consent or acquiescence
of Grantor
Said Property will be sold as the
property of Grantor subject to all
unpaid real estate ad valorem
taxes, governmental assess¬
ments and related liens and all
prior restrictions, reservations,
covenants, rights-of-way, ease¬ other
ments, encumbrances and
matters of record, if any, appear¬
ing of record prior to the date of
the Security Deed and those
appearing after the date of the
Security Deed and consented to
ol record by Grantee
BANK OF THE OZARKS. AS
SUCCESSOR IN INTEREST TO
AND ASSIGNEE OF THE FED¬
ERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER
FOR CHESTATEE STATE BANK
ATTORNEY-IN-FACT FOR
WILLIAM B HAYNES, JR a k a
WILLIAM B HAYNES AND
LAURA D HAYNES
Taylor English Duma LLP
1600 Parkwood Circle, Suite 400
Atlanta, Georgia 30339
Attn Marc D Glenn, Esq
(678) 336-7175
EXHIBIT "A"
LEGAL DESCRIPTION
All that tract or parcel of land
lying and being in Land Lots 662
and 663 of the Second District
and First Section of Forsyth
County Georgia being 3 455
acres as shown on a survey tor
William B Haynes and Laura D
Haynes, dated November 13,
2006. as surveyed by Georgia
Premier Land Surveying, Inc.,
Registered Land Surveyor, which
plat is incorporated herein by ref¬
erence and which property is
more fully described as follows
BEGINNING, at a rebar located
at the northwest corner of Land
Lot 662. said corner being com¬
mon to Land Lots 662, 663. 634
and 635 thence along the north
ern land lot line of Land Lot 662.
South 88 degrees. 44 minutes. 49
seconds East 465 69 feet to a
point, thence South 88 degrees.
44 minutes. 49 seconds East
191 86 feet to a point located at
Ihe centerline of a creek thence
leaving the northern land lot line
of Land Lot 662 and following the
centerline of the creek the follow¬
ing courses and distances
South 54 degrees. 54 minutes. 25
seconds West 27.09 feet to a
point;
thence South 29 degrees, 51
minutes. 51 seconds West 54 75
feet to a point,
thence South 16 degrees, 22
minutes. 53 seconds West 70 13
feet to a point
thence South 00 degrees, 20
minutes, 06 seconds East 42 83
leet to a point.
thence South 1 1 degrees, 55
minutes, 56 seconds West 43 08
feet to a point;
thence South 28 degrees. 59
minutes, 59 seconds West 9171
feet to a point;
thence South 50 degrees 43
minutes, 32 seconds West 21.66
feet to a point;
thence leaving the centerline of
the creek North 68 degrees, 07
minutes, 55 seconds West
896.17 feet to an iron pin located
on the northern land lot line of
Land Lot 663, thence along the
northern land lot line of Land Lot
663, South 88 degrees, 08 min¬
utes, 20 seconds East 331 55
feet to an iron pin found located
at the northwest corner ol Land
Lot 662. being the POINT OF
BEGINNING
L039 1/11, 18, 25, 2/1
gpn 11
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
FORSYTH COUNTY
By virtue of the power ot sale
contained in a Deed lo Secure
Debt Assignment ot Rents and
Security Agreement (the Deed")
from DAVID KENNETH PETER
MAN lo GREENPOINT MORT¬
GAGE FUNDING. INC , daled
October 25, 2007, and recorded
October 29. 2007, in Deed Book
4937. beginning at Page 145. in
Ihe Records ol the Clerk of
Superior Court. Forsyth County,
Georgia, as assigned and/or
amended Irom GREENPOINT
MORTGAGE FUNDING, INC to
WATERFALL VICTORIA MAS¬
TER FUND LTD by Assignment
ot Deed to Secure Dobt there
will be ottered lor sale al public
outcry to the highest bidder tor
cash betore the Courthouse door
of said County during the legal
hours of sale on the first Tuesday
in February, 2012, the following
described property (the
"Property").
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 382 AND 41 1 OF
THE SECOND DISTRICT, FIRST
SECTION OF FORSYTH COUN
TY. GEORGIA AND BEING
TRACT 2. AS SHOWN ON THAT
CERTAIN LOT DIVISION PRE
PARED FOR KEN PETERMAN
BY BOUNDARY ZONE INC .
SEALED BY CHRISTOPHER W
HODGE. GEORGIA R L S NO
2941 AND RECORDED IN PLAT
BOOK 116, PAGE 28 OFFICE
OF THE CLERK OF THE
SUPEIOR COURT OF FORSYTH
COUNTY, GEORGIA RECORDS,
TO WHICH REFERENCE IS
HEREBY MADE FOR A MORE
COMPLETE AND ACCURATE
DESCRIPTION OF SAID PROP¬
ERTY TOGETHER WITH; THAT
CERTAIN THIRTY (30 ) FOOT
ACCESS EASEMENT RUNNING
FROM THE EASTERLY BOUND
ARY LINE OF TRACT 2 TO
GLEN WALLACE DRIVE (A 30
FOOT RIGHT OF WAY) AS
SHOWN ON PLAT BOOK 116,
PAGE 28. AFORESAID
RECORDS TO WHICH REFER¬
ENCE IS HEREBY MADE FOR A
MORE COMPLETE AND ACCU¬
RATE DESCRIPTION OF SAID
ACCESS EASEMENT
The aloresaid Deed secures any
other or future indebtedness ot
the Grantor therein specified,
including The any renewal thereof
indebtedness secured by
said Deed has been declared
due and payable by reason of
detault under the provisions of
said Deed and the terms of the
note or notes secured thereby,
and sale will be made lor the
purpose of the pro
ceeds thereof toward expenses
of sale, Including attorneys' fees,
payment of the indebtedness and
interest thereon, and any bal¬
ance remaining shall be applied
See LEGALS 127C