Newspaper Page Text
WEDNESDAY, FEBRUARY 1,2012
LEGALS from Page 6C
South 89 degrees 24 minutas
West along said original line and
road 685 08 teat to the POINT
OF BEGINNING
Said described tract contains 3
acres and Is more fully shown
along plat with other property on a
Registered prepared by J Paul Bates
dated June Surveyor 6. No 936.
1968 revised
December 8. 1978, entitled sur¬
vey tor Margaret S Martin
Tract 3
All that tract or parcel of land
lying District and being in the 2nd
and 1st Section ot
Forsyth County, Georgia being in
Land Lot 897 and being more
fully Beginning described as follows
at a corner on the
West original line of said Land
Lot which beginning cornet is
located 572 25 leel North 1
degrees 30 minutes West from
the Southwest corner of said
Land Lot; thence from said
degrees beginning corner North 1
30 minutes West along
West Land Lot line 190 75 feet 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
feet 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 tor Margaret S Martin
There is also conveyed hereby a
non exclusive easement for
access to said described proper¬
ty fifteen leet 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 degrep
30 minutes West to the property
hereinbefore described
Tract 4
All that tract or parcel of land
lying District and being in Section the 2nd
and 1st of
Forsyth County, Georgia being in
Land Lot 897 and being more
fully described as follows
Beginning at a corner of on the
West original line said Land
Lot which beginning corner is
located 381 50 feet North 1
degrees 30 minutes West from
the Southwest corner ot 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
feel to corner; thence South 89
degrees 24 minutes West 685 08
feet to the 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 Bales,
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¬
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
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, rights-of-way. of and
easements; and all 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 of 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 Security Deed.
PEOPLES BANK & T&UST . as
Attorney-in-Fact RITCHIE (a/k/a for ELAINE ELAINE M M
RICHIE)
Jery N Kilgore
Garner & Kilgore
16 S Harris Street
PO Box 602
Buford. Georgia 30515
(770) 945-1294
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
gpnll NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the Power
ot Sale contained in the Deed to
Secure Debt. Assignment of
Rents. Security Agreement, and
Financing SC Statement P Properties, by LLC and
between
(■Borrower* or "Grantor") and
SunTrust Bank as successor by
merger to National Bank of
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 Agreement by
and between SunTrust and
Borrower dated June 26. 2009
and recorded in Deed Book
5475, Page 218, Forsylh County,
Georgia records, as modified of Deed by
that certain Modification
to Secure Debt and Security
Agreement SunTrust by Borrower and between dated
and
June 26. 2009 and recorded in
Deed Book 5477, Page 475,
Fots yth County. Georgia *£ records
(collectively, Deed*); Grantee the Security
for Grantor as attorney-in¬
fact will sell at public
outcry to the highest and best
bidder for cash before the
Courthouse door of Porsyth
County, Georgia, during the legal
hours of sale, on the first
following Tuesday in February, 2012, the
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, at
seq., AS AMENDED AND
RECORDED ON JUNE 25. 2002
AT DEED BOOK 2344, PAGE
284, at 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 SAID
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 Security 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, of said and the lawful
expenses sale, all as pro¬
vided in the Note and Security
Deed The sale shall be subject
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 of
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 &
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 Eliud
Rosario and Michele T Rosario
to Mortgag e Electronic
Registration Southstar Sytems, Inc., As
Nominee for Funding.
LLC. dated December 09, 2005,
and recorded in Deed Book
4097, Page 600, Forsyth County,
Georgia records, S As last trans¬
ferred to U Bank, National
Association, as Trustee under the
Pooling and Servicing Agreement
dated as of May 1, 2006,
GSAMP Trust 2006-HE3,
Certificates, Mortgage Series Pass-Through 2006-HE3 by
Assignment recorded in Forsyth
County, Georgia after-described Records, con¬
veying the prop¬
erty to secure a Note of even
date m 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 Courthouse bidder for cash
before the 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 PARCEL
ALL THAT
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 collect
fees (notice of intent to
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
Buckingham Place, Cummlng, Rosario
GA 30040 is (are): Eliud
and Michels T Rosario or tenant
or tenants
Said property will be sold subject
to (a) any outstanding (including ad val¬
orem taxes taxes
which are a lien, but not yet due
and payable), (b) disclosed any matters by
which might be an
accurate survey and inspection
of the property. and (c) all mat
ters o f record superior to the
Deed to Secure Debt first set out
abovs, including, but not limited
to. assessments, liens, encum¬
brances, zoning restrictions, ordinances,
easements,
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 for cer¬
tain procedures of regarding the
clal rescission sales in the judicial State and of Georgia. nonjudi
the Deed Under Power and other
foreclosure documents may not
be provided until final confli rma
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 GSAMP dated Trust as of
May 2006-HE3, 1. 2006 Mortgage Pass
Through 2006-HE3 Certificates. Series
as attorney in fact for
Eliud Rosario and Michele T
Rosario
Richard B Maner. PC
5775 Building Glenridge D. Drive
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
L837 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 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
Courtly, 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 assignment
recorded in Forsyth County,
Georgia Records . conveying the
after-described property to
secure a Note of even date in the
original $169,600.00, principal amount of
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 Forsylh
County, Georgia, within the Tuesday legal
hours of sale on the first
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 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
|ect property known as 8020 Ivy
Shaw Drive, Gainesville, GA
30506 is (are): Janet Skinner or
tenant or tenants
Said (a) property will be sold subject
to any outstanding ad val¬
orem taxes (including taxes
which are a lien, but noj 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
US 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 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 Skinner in (act for
Janet
Richard B Maner, P C
5775 Glenridge 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
gpntl 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 Dreama by Philip W Rains and
D Rains, hereinafter
referred to as Grantor, to
Mortgage Electronic Registration
Systems, Inc., as nominee for
Liberty Home Lending Inc., A
Florida Corporation recorded in
Deed Book 5195, beginning at
page 612, of the deed records of
the Clerk of the Superior Court ot
the aforesaid state and county,
and by virtue of a default In the
payment of the debt secured by
said security deed, the under¬
aforesaid signed attorney-in-fact Grantor (which for the
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 of property
which, as ot the time 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 (including ad valorem taxes
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 ot 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 Mortgage, a Division of
MidFirst Bank may be contacted
at 999 Northwest Grand
Boulevard. Oklahoma Cit l
Oklahoma 73118. 1-800-55
3000. extension 8301 To the
best of the undersigned s knowl¬
edge and belief, the party in pos¬
session ot the property is
believed to be Philip W Rains
and Dreama D. Rams
MidFirst Bank,
As Transferee and Assignee, The
As attorney-m-fact for afore¬
said Grantor
Raymond S Martin, PC
Attorney at Law
990 Hammond Drive
Suite 800
One Lakeside Commons
Atlanta, Georgia 30328
(770) 392-0041
THIS LAW FIRM IS ATTEMPT¬
ING TO COLLECT A DEBT AND
ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
EXHIBIT "A"
All that tract or parcel of land
ot lying and being in Land Lot 1138
the 3rd District. 1st Section.
Forsyth county, Georgia and
being Subdivision, Lot 9 of Bethwicke
Phase One, as per
plat recorded in Plat Book 37,
Georgia Pages 256-257, Forsyth County,
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 that
certain QuitClaim Deed from
New South Federal Savings
Bank to Jim Cowart Residential.
LLC, dated as of June 5. 2006,
filed for 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¬
ther 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 Septemberl 4,2007, recorded
in Deed Book 4894, Page 755,
aforesaid Records; as further
aftected 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 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
for 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
QuitClalm Deed from New South
Federal Savings Bank to Jim
Cowart Residential, LLC, dated
July 13, 2006, filed for record
September 8, 2006. recorded in
Deed Book 4438, Page 299,
aforesaid Records; as further
affected by that 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 trom 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. tiled
for record November 22. 2006,
recorded In Deed Book 4534.
Page 265, aforesaid Records, as
further QuitClaim affected by that certain
Deed for Release trom
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 Residential, Savings Bank LLC. to dated Jim
Cowart
July 7, 2006, filed for record
March 28, 2007, recorded in
foreythnews.com | FORSYTH COUNTY NEWS
Deed Book 4684, Page 39. afore¬
said Records, as further affected
by that certain Quit Claim Deed
tor Release ot 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 trom New Soulh
Federal Savings Bank to Jim
Cowart Residential. LLC, dated
August 24 2006, filed for record
May 4, 2007, recorded aforesaid in Deed
Book 4733, Page 715,
Records, as further affected by
that certain Quit Claim Deed tor
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
Book 4736. Page 99, aforesaid
Records; as further affected by
that certain Quit Claim Deed of
Release from New South Federal
Savings political Bank subdivision to Forsyth County, of the
a
State of Georgia, dated October
16. 2006, filed for record April
17, 2009. recorded in Deed Book
5392, Page 428. aftected aforesaid
Records, as further by
that certain QuitClaim Deed from
New Soulh 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 that 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 of the Slate of
Georgia, for dated March 14, 2006. 2006,
filed record May 10,
recorded in Deed Book 4270,
Page 334. Forsyth County
Records, conveying the after
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 igage Ltd L . as assignee of
the Federal 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 Soulh 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 further
assigned by that certain
Assignment of Deed to Secure
Debt and Security Agreement
from Beal Bank lo Property
Acceptance Corp., dated as of
June 28, 2010, effective January
9. 2010. filed for record July 27.
2010, recorded in Deed Book
5736. Page 21, aforesaid
Records, as further assigned by
that certain Assignment of Deed
to Secure Debt and Security
Agreement from Propert
Acceptance Corp to LP
Mortgage Ltd., a Texas of limited
partnership, dated as June 28,
2010. .effective January 9. 2010,
filed for record July 27, 2010,
recorded in Deed Book 5736,
Page 25. Forsyth County
Records, during the legal hours
of 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 ot the 2nd District. 1st
Section. Forsyth County, Georgia
and being more particularly
described as follows
BEGINNING at an iron pm found
at the intersection of Land Lots
31, 32, 1291 and 1292, thence
run North 23 degrees 27 minutes of
46 seconds West, a distance
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 of 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 of 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
teet to a point; thence run South
19 degrees 27 minutes 13 sec
onds West, a distance of 239 09
feet to a point; thence run North
86 degrees 45 minutes 43 sec
onds West, a distance ot 284 82
feet to a point found on the com
mon line of Land Lots 32 and 33,
thence line of run along the common
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 bf Land Lots 32, 33, 1292
and 1293 North 02 degrees 00
minutes 57 seconds West, a dis
tance of 1423 18 feet to a point
located at the intersection of
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 East, 30 minutes 14 seconds
a distance' of 446 79 feet to
an iron pin found; thence contin¬
of ue to run along the common line
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 tun 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-
1 7 C
tance of 181 37 feet to a point
thence run South 59 degrees 49
minutes 53 seconds East, a dis¬
tance of 198 31 teet 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
mihutes 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 ot 115.81 teet lo a point
thence run South 22 degrees 01
minutes 12 seconds West a dis¬
tance ot 264 05 teet to a point,
thence run Soulh 46 degrees 19
minutes 55 seconds West, a dis¬
tance of 194.79 feet to a point;
thence run South 12 degrees 09
minutes 50
seconds East, a distance of
159.03 feet to a point, thence run
South 85 degrees 14 minutes 07
seconds West, a distance of
38 57 feet to a point; thence run
Soulh 07 degrees 21 minutes 56
seconds East, a distance of
189 82 feet to a poinl. thence run
North 89 degrees 22 minutes 59
seconds East, a distance of
167.37 feet to a point; thence run
North 67 degrees 28 minutes 14
seconds East, a distance of
219 09 feet lo a point, thence run
South 41 degrees 29 minutes 32
seconds East, a distance 0133.87
feet to a point, thence run South
52 degrees 01 minutes 23 sec¬
onds East, a distance of 129 57
feet to a point, thence run Soulh
19 degrees 55 minutes 50 sec¬
onds East, a distance of 103 99
teet to a point thence run South
14 degrees 45 minutes 36 sec¬
onds West, a distance ot 243 44
feet to a point located on the
common line of Land Lots 31 and
1291; thence run along the com¬
mon line ot Land Lots 31 and
1291 North 89 degrees 44 min¬
utes 40 seconds West, a dis¬
tance ot 723 44 feet to an iron
pin found, said iron pin being the
TRUE POINT OF BEGINNING
Said tract or parcel ot land con
taming 54 913 acres and is
shown on and described accord¬
ing to that certain ALTA/ACSM
Land Title Survey for Post Road,
LLC, Fairfield Financial Services,
Inc Jim Cowart Residential,
LLC, New South Federal Savings
Bank, Chicago Title Insurance
Company, and Stewart Title
Guaranty Company, prepared by
Lowe Engineers, LLC, bearing
the seal and certification of
William J. Daniel. Ill, Georgia
Registered Land Surveyor No
2257, dated September 3, 2003
last revised January 5, 2005
("Survey”), the Survey being
incorporated herein by reference
LESS AND EXCEPT from the
above described property that
portion ot the property conveyed
by that certain QuitClaim Deed ot
Release from New South Federal
Savings Bank to Forsyth County,
a political subdivision ot the
Slate of Georgia, dated Match
14. 2006. filed for record May 10,
2006, recorded in Deed Book
4270. Page 334, aforesaid
Records. (Roads)
FURTHER LESS AND EXCEPT
trom the above described proper¬
ty that portion of the properly
conveyed by that certain Limited
Warranty Deed fiom Jim Cowart
Residential, LLC, a Georgia limit¬
ed liability company lo Nickel
Construction, Inc., a Georgia cor¬
poration. dated as ot June 9
2006. filed for record June 14
2006, recorded in Deed Book
4318, Page 174, aforesaid
Records (Lots 217 221, 222
227, 228 and 234)
FURTHER LESS AND EXCEPT
from the above described proper
ty that portion of the property
conveyed by that certain Quit
Claim Deed from Jim Cowart
Residential, fLLC. a Georgia limit¬
ed liability company to Preserve
at Fieldstone Property Owners
Association, Inc., dated June 20,
2006 filed for record June 23,
2006, recorded in Deed Book
4329. Page 384 aforesaid
Records (Open Space 1 and 2)
FURTHER LESS AND EXCEPT
trom the above described proper
ly that portion of the property
conveyed by that certain
QuitClaim Deed from New South
Federal Savings Bank to Jim
Cowart
Residential, LLC, dated as of
June 5. 2006, filed for record July
10. 2006, recorded in Deed Book
4350, Page 546. aforesaid
Records. (Lot 211, 229. 231 and
240)
FURTHER LESS AND EXCEPT
from the above described proper
ty that portion of the property
conveyed by that certain Quit
Claim Deed Satisfaction from
New South Federal' Savings
Bank
lo Jim Cowart Residential. LLC
dated June 21, 2006. filed for
record July 31. 2006. recorded in
Deed Book 4380, Page 555,
aforesaid Records (Lot 208)
FURTHER LESS AND EXCEPT
from the above described proper¬
ty that portion ot the property
conveyed 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 (Lot
235) EXCEPT
FURTHER LESS AND
from the above described proper¬
ty that portion of the property
conveyed 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 (Lots 206 and 223)
FURTHER LESS AND EXCEPT
from the above described proper¬
ty that portion of the property
conveyed 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 August 17, 2006,
recorded in Deed Book 4408,
Page 770, aforesaid Records
(Lot 230) AND EXCEPT
FURTHER LESS
from the above described proper¬
ty that portion of the property
conveyed by that certain Quit
Claim Deed from New Soulh
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, (Lot 210)
FURTHER LESS AND EXCEPT
from the above described proper¬
ty that portion of the property
conveyed by that certain
QuitClaim Deed from New South
Federal Savings Bank to Jim
Cowart Residential. LLC. dated
July 13, 2006. filed tor record
September 8, 2006, recorded in
Deed Book 4438, Page (Lots-202, 299,
aforesaid Records
214, 219, 233, 242, 246, 250 and
251 I) • t
FU RTHER LESS AND EXCEPT
from the above described proper¬
ty that portion ot the property
conveyed by that certain Release
See LEGALS 18 C