Newspaper Page Text
WEDNESDAY, f EBRUAKY 1, A' i.
IEGALS from Page 24C
\ J # ®' District, n 9 in Lan <t Lot 408
Fflrd fh 1st Section,
yin county. Georgia being
c,,L Piiy'n 1 0 "; 0 as per Jasslin p,at recorded Oaks
m a JL,°° k 44 Pages 79-82
... in
'no Ulrica of the Clerk ot
supenor Court of Forsyth
county Georgia which recorded
,1.11 is incorporated herein by ref
l1Cfi and made a part ol this
?. , e Crip,10n
a p i qlb 2/7/12
uur tile no 5156941 1 - FT7
L034 1/11, 18, 25. 2/1
9 “.Ir p, ]l. ,, 'E 1 OF GEORGIA
COUNTY OF FORSYTH
NOTICE OF SALE
UNDER POWER
Uncier and by virtue ot the power
of sale contained in a Security
Deed from CEEDS LLC N/K/A
CEEDS OF CUMMING, LLC to
Crescent Bank and Trust
2005, Company, dated November 9,
recorded November 10,
, 2005. In Deed Book 4043, Page
69-1 Forsyth County Georgia
records as transferred to
Renasant Bank pursuant lo 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 assignod 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 from CEEDS,
LLC dated December 17, 2008
in the original principal amount o1
Forty Nine Thousand One
Hundred Eighty Seven and
93/100 ($49,187 93| Dollars with
interest Irom date at a rate per
balance cent per annum on the unpaid
until paid; there will be
sold by the undersigned at public
outcry lo the highest bidder tor
cash before the Courthouse door
at Forsyth County, Georgia, with
m the legal hours ot sale on the
lust Tuesday in February. 2012,
the following described property
All that tract or parcel ol land
lying and being in Land Lot 199
of the 14th District and 1st
Section of Forsyth County,
Georgia being Lot 76 Section A
Lakeside Manor Estates, as per
plat ol TP Thomas Registered
Surveyor No 1099. as recorded
in Plat Book Georgia 1, Page 127,
Fors yth County. records.
whic h plat ids incorporated here
in and made a part hereof by ref¬
erence
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
mg the same and alt expenses of
this sale as provided in the
Secunty Deed and by law, includ
ing attorney’s tees (notice of
intent to collect attorney's tees
havmg been given)
Said property will be sold subject
to any outstanding ad valorem
taxes (including taxes which are
a lien but not yet due an*
payable) any matters which
might be disclosed by an accu
rate survey and inspection ot the
property any assessments, liens,
easements encumbrances, /on
ing ordinances, restrictions,
tovenants. and matters of record
superior to the Security Deed
first set out above
To the best knowledge and belie!
of the undersigned, the party in
possession of the property is
CEEDS LLC N/K/A CEEDS OF
CUMMING, LLC or a tenant or
tenants
RENASANT BANK
as attorney in Fact for CEEDS,
LLC N/K/A CEEDS OF CUM
MING, LLC
L Lou Allen
Stitos & Harbison, PLLC
11 Mountain Street Suite 8
Blue Ridge. Georgia 30513
(706)632-7923
File No RE218-00013
L035 1/11, 18, 25, 2/1
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 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 ot Security Deed
dated October 19. 2010, record¬
ed in Deed Book 5819, Page
336 Forsyth County. Georgia
records, said Security Deed
be ing given to secure a Note
from m GARY GARY MAGEE, MAGEE, with with interest interest
from date al a rate per cent per
annum on the unpaid balance
until paid: there will be sold by
the undersigned at public outcry cash
to the highest Courthouse bidder for
before the door at
Forsyth County, Georgia, within
the legal hours ot sale on the
first Tuesday in February, 2012,
the following described property:
All that tract or parcel ot land
lying and being in Land Lots 316,
31 7, 332. and 333 ot the 14th
District, 1st Section. Forsyth
County, Georgia, according to a
survey tor 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 1 (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 cor¬
ner run South 32 degrees 55
minutes 34 seconds East a dis¬
tance ot 1,268 09 leel to a point
located in the centerline ot
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 run
thence along said centerline of
Setting Down Creek South 81
degrees 29 minutes 21 seconds
East a distance of 310 49 teet to
a point; continuing along said
centerline, run thence South 77
degrees 33 minutes 50 seconds
East a distance ot 141 74 feet to
a point, continuing along said
centerline, run thence South 86
degrees 00 minutes 33 seconds
East a distance ot 40 57 teet to a
point; continuing along South said can
terllne. run thsnce 70
degrees 40 minutes 19 seconds
East a distance ot 506 36 teet to
a point located an the northwest¬
erly right ot way line ot Georgia
Highway 400; leaving said cen¬
terline ot Setting Down said Creek.
run thence along right of
way line of Georgia Highway 400
South 37 degrees 50 minutes 17
seconds West a distance ot
225.00 teet to a point; leaving
said right of way line, run thence
South 69 degree 29 minutes 26
seconds West a distance ot
93 36 feet to a point; run thence
South 68 degrees 14 minutes 30
second* wresl a distance el
57 67 feet *0 a point run theho#
South 15 degrees 54 minute* 30
seconds West a distance ol
33 40 teetle a point, run thence
South 45 degrees West 46 minutes 54
seconds a distance ol
99 34 feet 1* a point, tun thence
South 20 degrees West 56 minutes 38
seconds a distance el
61 36 MWt point run thence
South 55 degrees 54 minutes 23
seconds West a distance ol
72 68 feet to a point, run thence
North 70 degrees 58 minutes 14
seconds West a distance of
78 14 feet to a point, run thence
North 29 degrees 33 minutes 56
seconds West a distance of 6124
feet to a point, run thence North
53 degrees 05 minutes 18 net
onda West a distance ot 50 26
feet to • point, run thence North
03 degrees 49 minutes 29 sec
onds West e distance of 42 98
feet to a point, run thence South
89 degress 58 minutes 24 sec
onds West a distance 50.11 feet
to a point marked by a rock lofcat
ed on the land lot line common to
Land Lots $16 and 333; run*
thence along said land lot line
common to Land Lots 316 and
333 North 00 degrees 32 min
utes 50 seconds feast a distance
ot 103 77 test to a point marked
line' by a pips, Isaving said land lot
run thence North 47
degrees 50 minutes 12 second*
West a distance ot 428 24 teat to
a point -run thence North 03
degrees' 38 minutes 13 second*
West a distance ot 135.41 feet to
a point located in the centerline
ot point Setting being the Down TRUE Creek, PLACE said OR
POINT OP BEGINNING
The dSbl secured by said
Security Deed has been and bl, is
hereby declared due because
among other possible event* of
default, failure 10 pay the mdebt
edhess as and when due ary* hi
the manner provided in the Note
and Secdrtty Deed Th* debt
remaining for in default this sale will
be mad# the purpose ot pay
mg the same and all expenses cA
this sale, as provided In th*
ing Security attom*» Deed and tees by law. (notice'Of ino^i||,
9
Intent to cdffecl attorney's let*
having been given) i
Said property will be sold Subject
taxes lo any (including outstanding taxes ad which valorem aft
a lien, but not yet due and
payable), any matters which
might be disclosed tot#inspection by an a ecu
rata survey ot ttw
property easements, enyreasessmentl, dtjCumbrances lien*,
ing ordinances, restriction#,
covenants, and matters ot record
superior to the Security Deed
first set out above
To the best knowledge and betiel
ot the undersigned the party in
potteasion ol.ttte BUILDER^, property/*
MAQEE/MMGEE
INC or atram'-or tenants »
FIRST BAhtts OF THE SOUTH’
N/K/A BANK, .UNlYEO COMMUNITY
as MAGEE/MXgEE attertyfy ' In BUILDERS) Fact jMI
L INC. Wfeti Attsmui/. C?‘s v! •
Stlfo* Mooro>dL$t.eyt, $ fTmWsn. , PLLC > / 2L-
11 Sut)e 8 ''
Ski* 3051^-. Jfft jSk '
■ 1
Fite ,
28. 2^ •
gpritt STATE ®F A'’ GEORGIA ' < *
’ •
COUNTY OF FORSYTH
Pursuant to a power of sale con
tained in a certain Deed t* tf
Secure Howard*toaretnafter p*W executed referred by Terri fo
as Grantor, with the singsrfar
ihctudlnE Appatacht&ft th* Community plural. Gent, fo
recorded In-Deed Book 5279,
beginning at Page Clerk 375, the deed
records ot the ol the
Superior Court ot the aforesaid
state and county, having been
given to secure the Promissory of
Note in the principal sum
$225,000 00 with Interest at the
rate statedin said Promissory
petd Note on and iMTUnpaid by virtue of balance deteoft mg
a m
the payment of th# debt seeifrdtt
by said Deed to Secure Debt, ffte
the undersigned dforesaid attorney Qraritors -in-f*ct (which tor
attomeyytrhtect Of Oeed is the present
holder »*ld to Secure
Debt and debt secured thereby)
will sell before th# door of the
courthoot* Ih'sald county witttjti
th# legal hours of sale, tor cash*
to the highest bidder on Tuesday,
February 7, 2012, the properly
which, as of the time of the exe
cution of said Deed to Secure
Debt, was described as set forth
in the attached Exhibit "A" Said
sale wilt be made subject to the
following items which may affect Afl
the title to said property:
superior liens, restrictive
covenants easements and
rights-of-wey appearing of
record. it any; all zoning ordi
nances; matters which would be
disclosed by an accurate survey
or by an inspection ot the proper
ty all outstanding and/or unpaid
taxes which may be liens upon
the property, all outstanding or
unpaid Dills and assessments tor
street improvements, curbing.
garbage, lie utiTttiet water, which, sewage and liens pub
may b#
upon said property
Community 6 Southern Bank. th# A*
Attorney-ItyzFact AforesakfGranl&r For *
STOKES LAYaRUS 8
CAR MICHAEL LLP v
80 Peaehlte* Park Drive, N E.
Atlanta. Georgia 30309-1320
404-603-3450. eat 32
THIS COMMUNICATION I®
FROM A DEBT COLLECTOR,
ATTEMPTJNG DEBT, AN0 ANY TO INFORMATION COLLECT A
OBTAINED GflLL BE USED POW
THAT PURPOSE
EXHIBIT LEGAL DESCRIPTION (AT
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 275 OF THE 2ND
DISTRICT, 1ST SECTION,
FORSYTH COttolTY, GEORGIA,
CREEK, BEJNO LOT PHASE 64 ,' 1-A FREEDOM' A 2-A AT
ANTHEM SUBDIVISION, AS
PER PLAT RECORDED IN PLAT
BOOK 72 PAGES 41-53,
FORSYTH COUNTY, GEORGIA
RECORDS, INCORPORATED WHICH PLAT IS
)RT HEREIN AND
MADS HEREOF.BY
REFER ' r
I* 16,28,2/1
-
gpn11 -
1 L"
STATE OFGEORG1A
COUNTY OF FORSYTH 49*»
By ol ,,,
virtu# i power .
coritet certain Dee* to
Secut p- fftom LAURA Wet
HAYN ((WILLIAM ws
HAYN •(El ot th6 Stare'
ot "Gratfl reSTTATEE , (c ollsdt JTATir Hrteh,
VMM I Grantee”), dated
. feootded onJMi*
*71 '.'ffj Btoyta BOO* CotriMa
IT Court RSc*R Mm
m I Modltlcstion'«P
Oeed ^*ed Debt dated Jut*,-®/, jam■'
20 , 2 Bbok 4342. on
records, as tv ’
modified Seco'r* by Debt Modification dated of 1
to Jan
10, 2008, regarded on Jen
d BOO*' 0
w. r< 6*
M<
*.
ot Deed to Secuie Debt dated
July 18 2008 recorded on
August 11. 2008 in Doed Book
5203. Page 437, aforesaid
records, as further modified by
Modification of Doed to Secure
Debt dated July 30, 2009
recorded on August 26. 2009, in
Deed Book 5516. Page 70. afore
said records, as assigned to
Bank ot the O/arks by Master
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, her#
matter referred to collectively as
the "Security Deed") said
SecurHy Deed being given to
secure the payment of a promis
sory note dated June 15 2008
made by Grantor to the order ot
Original Grantee in the ONE orig mat
DRED principal amount ol HUN
TWENTY-SEVEN THOU
SAND SEVENTY-EIGHT AND
03/100 DOLLARS ($127,078 03),
as last renewed by promissory
note dated July 30 2009, as said
principal amount was modified to
$371,875 64 with interest from
the date thereof at the rate sped
fled therein (said promissory
note, as renewed, modified and
assigned from time to time, here
inatter referred to collectively as
the 'Note''), the Federal Deposit
Insurance Corporation having
been appointed Receiver tor
Chestatee State Bank and said
Note and Security Deed having
been assigned by the Federal
Deposit insurance Corporation
as Receiver for Chestatee State
Bank lo BANK OF THE
OZARKS. AS SUCCESSOR IN
INTEREST TO AND ASSIGNEE
OF THE FEDERAL DEPOSIT
INSURANCE CORPORATION
AS RECEIVER FOR CHESTA
TEE STATE BANK ("Grantee”)
together with all other amounts
payable by Grantor to Grantee
there will be sold by the under¬
signed at public outcry to the
highest Courthouse bidder tor cash before
the door at Forsyth
County, Georgia, within the legal
hours ot 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 Lot
635 ot the 2nd District and 1st
Section of Forsyth County,
Georgia and being more fully
described in Exhibit "A" attached
hereto and incorporated heroin
tor a more complete description,
TOGETHER, with all buildings,
structures and other improve
ments located on the property
hereinbefore described, or any
part and parcel thereof, and
TOGETHER with all rights, title
and interest of 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 singu*
lar the tenements, heredria
ments, easements and appurte
nances thereunto belonging or In
* n y wise Appertaining, and the
reversion or reversions, rematn
d*r and remainders, rent*.
Issues and profits hereof and
also alt th* estate, right, title'
Interest, Ctatm and demand what
soever of affa Grantor of. in and to
the same of, in and to every
part and parcel thereof: and
TOGETHER with all machinery,
fixtures, apparatus, equipment, fittings,
whether actually or con¬
ttructively attached to said prop
erty and including all trade,
domestic and ornamental flx
tures. and articles of personal
property of every kind and nature
whatsoever (hereinafter collec
lively 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, all heating , 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
latmg and communications appa
ratus; boilers, ranges, furnaces,
oil burners or units thereof, appll
ances air-cooling and air-condi
honing 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
lions: ducts and compressors,
niiure rugs and carpets; draperies; fur
mercial, and furnishings in corn
institutional and industri
al buildings, together with all
additions thereto and replace
ments thereof; and
TOGETHER with any and all
rents which are due by reason of
the renting, leasing and bailment
of property improvements there
on TOGETHER, and Equipment and
with any and all
awards or payments, including
interest thereon, and the right to
receive the same, as a result ot
(a) the exercise of the right ot
eminent domain, (b) the aiter
ation of the grade of any street,
or (c) any other injury to, taking
ot, or decrease in the value of
the premises, lo the extent ot all
amounts which are secured by
the Security Deed at the date of
receipt of any such award or pay
went by Grantee and ot the rea
sonable attorney's lees, cost*
and disbursements incurred b
Grantee in collection ot sue
award or payment
All ol the above hereinafter
referred to as "Property"
The indebtedness secured by the
Security Deed has been and Is
hereby declared due because ot
default under the terms of said
Note and Security Deed includ
ing. but not limited, to the failure
lo make payments thereunder
when due The indebtedness
remaining in default, the sale will
be made tor the purpose ot
applying the proceeds thereof to
the payment pi the indebtedness
secured by the Security Deed,
accrued interest and expenses of
the sal* and all other payments
Provided fbr under the Security
Deed including attorneys' fees
as provided in the Note and
Security Deed notice ot intention
lo collect attorneys' tees having
been given as provided by law,
and the remainder, if any, shad
be applied as provided by law
Grantee reserves the right to sefl
the Property in one parcel and at
an antirely, or to such paresis at
Grants# may elect, as permitted
in To the Security Deed
th* beet of Grantee's knowt
edge end belief, of the parties In
possession Grantor the Property are
end/or tenants of
Grantor or other persons in pos
isssion with the consent or
acquiescence 8#id ot Grantor
Properly of Grantor will be subject sold as to th# alt
unpaid real estate ad valorem
taxes, governmental assest
ments and related liens and all
prior restrictions, reservation*,
eovenants, ments, encumbrances rights-of-way, an* ease* ofhflf
(hatters of record, it any, appNjS
mg ol record prior to the date ol
^the ‘appearing Security after Deed the date and those of the
Security Deed and consented to
ot 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
LAURA D. HAYNES AND
WILLIAM B HAYNES
Taylor English Duma LLP
1600 Parkwood Circle, Suita 400
Atlanta Attn Georgia Glenn. 30339
Marc D Esq
(678) 336-7175
EXHIBIT A'
LEGAL DESCRITION OF THE
PROPERTY
All that tract or parcel ot land
n and being in Land Lot 635
e 2nd District. 1st Section,
containing Forsyth County, 7 933 Georgia being a nd
acres
Tract 11B containing 3 962 acres
and 11D containing 3 971 acres,
as shown William on B Boundary Survey
for Haynes and Laura
D Haynes dated May 18. 2006
prepared Surveying. by Georgia Premier
Land Inc and bearing
the seal ot Bnan 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 al the common intersec¬
tion of Land Lots 662, 663. 634
and 635 and proceed along the
western original line of Land Lot
635 North 00 dogreos 48 min¬
utes 15 seconds East 607 01
feel lo a 1/2 inch rebar, thence
leaving said land lot line South
88 degrees 42 minutes 44 sec¬
onds East 184 50 teet to an Iron
pin, thence South 00 degrees 00
minutes 00 seconds East 472 58
feel to an iron pin, thence South
89 degrees 06 minutes 36
Seconds East 131 90 feet to an
iron pin; thence North 01
degrees 02 minutes 15 seconds
East 92 64 feet to an iron pm.
thence North 50 degrees 11 min¬
utes 37 seconds East (,48 92
feet to an iron pin, thence North
12 degrees 58 minutes 44 sec¬
onds East 244 10 teet to a PK
nail set on the centerline of a 25
foot ingress - egress easement
as noted on the above described
plat, thence continuing along the
centerline of said easement
South 79 degrees 11 minutes 22
seconds East 7121 feet to a PK
nail; thence South 64 degrees 52
minutes 35 seconds East 121 53
feel to a 1/2 inch rebar; thence
South 60 degrees 01 minutes 35
seconds East 319 22 feet to the
centerline of a creek; thence fol¬
lowing along the centerline ot
said creek the following courses
and distances South 47 degrees
00 minutes 15 seconds West
2.13 tftet, Soulh 38 degrees 33
minutes 38 seconds West 27 73
feet. South 46 degrees 52 min¬
utes 17 seconds West 21.63 teet:
South 46 degrees 06 minutes 02
Seconds West 17.16 feet; South
fl degfees 12 minutes 39 sec¬
onds WSst 44 48 feel South 57
Wreat degress 421 23 51 minutes feet. 48 South seconds
51
sr n 2.61 25 minutes feet 57 South seconds 27
West degrees 21 09 minutes 09 seconds
47 feet: South 47
degrees West 60 00 minutes 23 seconds
35 feet: Soulh 50
degrees West 46 minutes 28 seconds
35.67 feet; south 53
degrees 53 minutes 32 seconds
West 46 62 feet South 19
Wist degrees 32 55 79 minutes feet: 36 ■South seconds
09
degrees East 25,98 39 minutes 04 seconds
feet, South 07
degrees 04 minutes 37 seconds
East 14 62 teet; South 24
degrees 29 minutes 48 seconds
West 34.09 feet; South 50
degrees 22.84 30 minutes 44 seconds
West teet; 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 to a point, thence North 88
degrees 44 minutes 49 seconds
West 465 65 feet to the point of
beginning L038 1/11, 18. 2/1
25,
gpnil NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF FORSYTH
By virtue of the power of sale
contained in that certain Deed to
Secure Debt from WILLIAM B
HAYNES. JR. a/k/a WILLIAM B
HAYNES and LAURA D.
HAYNES, residents of the State
ot “Grantor") Georgia (collectively
to CHESTATEE STATE
December BANK (“Original Grantee”), dated
6, 2006, recorded on
December 7, 2006, in Deed Book
4552, Page 378, Forsyth County
Georgia modified Superior Court Records: I
as by Modification of
Deed to Secure Debt dazed
December 13, 2007, recorded on
December 31, 2007, in Deed
Book 4997, Page 279, aforesaid
records; as further modified by
Modification ot Deed to Secuie
Debt dated January 10. 2008,
recorded on January 17, 2008, in
Deed Book 5012, Pago 314,
atoresaid records as further
modified by Modification ot Deed
to Secure Debt dated December
18. 2008. recorded on January 2,
2009, In Deed Book 5291 Page
311, aforesaid records; as further
modified by Modification ol Deed
to Secure Debt dated July 30,
2009. recorded on August 26,
2009, in Deed Book 5516, Page
73, aforesaid records; as
aasigned to Bank ot the Ozatks
by Master 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 .hereinafter and assigned referred from
time to time,
to collectively as the Deed "Security
Deed' ), said Security being
given to secure the payment of sr
promissory note dated December
6, 2006. made by Grantor to the
order of Original Grantee in the
original principal amount of
FIFTY-ONE THOUSAND ONE
HUNDRED TWENTY TWO AND
00/100 DOLLARS ($51.122 00),
as teet renewed December by promissory 18, 2008,
not# dated
a* modified *sid principal $49,731 amount 90, was
to with
interest from the date thereof at
the rate specified therein (said
promissory note, as renewed,
modified and assigned from time
te time hereinafter referred to
collectively as the “Note"), the
Corporation Federal Deposit Insurance
Receiver having been
appointed Chettatee State tor
Bank and said
Not* and Security Deed Federal having
been Deposit assigned by Corporation, the
Insurance
am Receiver for Chestatee State
OfARKS. Bank, to BANK OF THE
AS SUCCESSOR IN
INTEREST TO AND ASSIGNEE
OF THE FEDERAL DEPOSIT
INSURANCE CORPORATION
AS RECEIVER FOR CHESTA¬
TEE together $TATE with BANK all other (“Grantee”)
amounts
Were payable will by be Grantor sold by to the Grantee, under¬
gone* HHhest at bidder public tor outciy cash before to the
ruse door at Forsyth
fonsythnews.com | FORSYTH COUNTY NEWS
County, Georgia, within the legal
hours ot sale on the first Tuesday
of February, 2012 the following
described property, to-wit
All that certain tract or parsel ot
land lying and being in Land Lots
662 and 663 ot the 2nd District
and 1st Section ot Forsyth
County. Georgia and being more
fully described in Exhibit "A"
attached hereto and incorporated
herein tor a more complete
description
TOGETHER, with all buildings,
structures and other improve¬
ments located on the property
hereinbefore dosenbed, or any
part and parcel thereof, and
TOGETHER, with all rights, title
and interest ot Grantor in and to
the minerals, flowers, shrubs,
crops trqps, timber and other
emblements on said property or
under or above the same or any
part or parcel thereof, and
TOGETHER, with all and singu¬
lar the tenements, heredita
ments, easements and appurte
nances thereunto belonging or in
any wise appertaining, and the
reversion or reversions, remain¬
der and remainders, rents,
issues and profits hereot; and
also all the estate, right, title,
interest, claim and demand what¬
soever ot Grantor ot. in and to
the same and of, in and to every
part and parcel thereof; and
TOGETHER, with all machinery,
fixtures, apparatus, equipment, fittings,
whether actually or con¬
structively attached to said prop
erty and including all trade
domestic and ornamental fix¬
tures, and articles of 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 ot
said property and owned or
acquired by Grantor, Including,
but without limiting the generality
of the foregoing, all heating, air
conditioning, laundry, freezing, lighting,
incinerating and power
equipment, engines, pipes,
pumps, tanks, motors, conduits,
switchboards, plumbing, lilting
cleaning, fire prevention, tire
extinguishing, refrigerating, venti¬
lating and communications appa
ratus, boilers, ranges, furnaces,
oil burners or units thereof, appli¬
ances; air-cooling and air-condi
tionmg 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; retriger
ators; attached cabinets parti¬
tions, ducts and compressors
rugs and carpets -draperies, fur
niture and furnishings In com¬
mercial, Institutional and industri¬
al additions buddings, together with all
thereto and replace¬
ments thereof: and
TOGETHER, with any and all
rents which are due by reason of
the renting leasing and bailment
of property improvements there¬
on and Equipment; and
TOGETHER, with any and all
awards or payments, including
inlerest thereon, and the right to
receive the same, as a result of
(a) the exercise of the right ot
eminent domain, (b) the alter¬
ation ot the grade ot any street,
or (c) any other injury to, taking
of, or decrease in the value oL
the premises, to the extent ot all
amounts which are secured by
the Security Oeed at the date ot
receipt of any such award or pay¬
ment by Grantee and of the rea¬
sonable attorney s tees, costs
and disbursements incurred by
Grantee in collection of such
award or payment
All of the above hereinafter
referred to as “Property"
The indebtedness secured by the
Security Deed has been and is
hereby declared due because of
default 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 detault, the sale will
be made tor the purpose ot
applying the proceeds thereof to
the payment of 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 ot intention
to collect attorneys' tees 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, fcr in such parcels as
Grantee may elect, as permitted
in the Security Deed
To the best of Grantee's knowl¬
edge and belief, the parties in
possession of the Property are
Grantor and/or tenants of
Grantor or other persons in pos¬
session with the consent ot
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, rlghts-ot-way, ease¬
ments. encumbrances and other
matters of record, if any, appear¬
ing of record prior to the date of
the appearing Security alter Deed the date and of those the
Security Deed and consented to
ot 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 aht/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 ot the Second District
and First Section of Forsyth
County. Georgia, being 3 455
acres as shown on a survey for
William B Haynes and Laura D
2006 Haynes, dated November Georgia 13,
Premier as surveyed by
Registered Land Surveying, Surveyor, tnc ,
Land which
plat is incorporated herein by ref¬
erence and which property is
more BEGINNING, fully described at rebar as toilows located
a
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 feast 465 69 teet to a
point, thence South 88 degrees.
44 minutes. 49 seconds East
191 86 teet to a point located at
the centerline ol a creek: thence
leaving the northern land lot line
of Land Lot 662 and following the
centerline of the creek the follow¬
ing South courses 54 and distances
degrees, 54 minutes.
25 seconds West 27.09 teet to a
point;
thence South 29 degrees, 51
minutes, 51 seconds West 54 75
leel to a point;
1 25C
thence South 16 degrees, 22
minutes, 53 seconds West 70 13
teet to a point
thence South 00 degrees. 20
minutes, 06 seconds East 42 83
feet to a point
thence South 11 degrees, 55
minutes 56 seconds West 43 08
teet to a point 59
thence South 28 degrees,
minutes 59 seconds West 91 71
feet to a point
thence South 50 degrees, 43
minutes. 32 seconds West 21 66
leet to a point.
thence leaving the centerline of
the creek North 68 degrees 07 , ,
minutes. 55 seconds Wes)
896 17 teet to an iron pm located
on the northern land lot line ol
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
let-i to an iron pin found located
afthe lilt 662, northwest being the coiner POINT ot Land OF
BIGINNING. #
L039 1/11, 18. 25, 2/1
gpn1 1 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 , dated
October 25. 2007, and recorded
October 29, 2007 in Deed Book
4937. beginning at Pago 145, in
the Records of tiro Clerk of
Superior Court Forsyth County,
Georgia, as assigned GREENPOINT and/oi
amended from
MORTGAGE FUNDING, INC to
WATERFALL VICTORIA MAS¬
TER FUND. LTD by Assignment
of Deed to Secuie Debt, there
will be offered for sale at public
outc ry to the highest bidder tor
cash before the Courthouse door
of said County dunng the Tuesday legal
hours of sale on the first
in February, 2012, the following
described property (the
"Properly”)
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 382 AND 411 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 FtUNNING
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 aforesaid Deed secures any
other or future indebtedness ot
the Grantor therein specified,
including any renewal thereof
The indebtedness secured by
said Deed has been declared
due and payable by reason of
default under the provisions ot
s<^ld Deed and the terms o1 the
arid note or notes secured thereby,
sale will be made for the
purpose of applying the pro¬
ceeds thereof toward expenses
of sale, including attorneys' tees,
payment of the indebtedness and
interest thereon and any bal¬
ance remaining shall be applied
as provided by law
Pursuant to the Official Code ot
Georgia Annotated, Section 44
14-162.2, the name, address and
telephone number ol the entity
who has the full authority to
negotiate, amend and modify atl
terms of the above described
mortgage is as follows Cohen
Financial /^ttn Jerry Lloyd, 4601
College Boulevard, Suite 300,
Leawood, Kansas 66211, (913)
732-5278 Please understand
that Cohen Financial is not
required by law lo negotiate,
amend, or modify the terms ot
the mortgage instrument
The Property, having an address
ot 3111 Glen Wallace Drive,
Cummlng. GA 30040. will be
sold as the property of David
Kenneth Peterman who. to the
best of the undersigned's knowl
edge and belief, is the party In
possession of the Properly
Notice has been given ot inten
tion to enforce provisions tor col¬
lection of attorneys' fees and
expenses ol foreclosure in accor¬
dance with legal requirements
and the terms of the above note
and Deed
The Property will bo sold subject
to any and all, unpaid taxes,
assessments, general subdivi¬
sion restrictions, and othei
restrictions and easements of
record, if any
The sale will be conducted sub¬
ject (1) to confirmation that the
sale is not prohibited under the
U S. Bankruptcy Code and (2) to
final confirmation and audit ol
the status ot the loan with the
holder of the security deed
WATERFALL VICTO RIA MAS
TER FUND. LTD
as Attorney in Fact for DAVID
KENNETH PETERMAN
Andrew Mertz Attorney at Law
WEBB, TANNER, P OWELL,
MERTZ & WILSON, LLP
P O Box 1390
Lawrenceville. GA 30046-1390
THIS (770) 963-3423 LAW FIRM IS ACTING
AS
A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT ANY INFORMATION
WILL BE USED FOR THAT PUR¬
POSE
L042 1/11, 18, 25, 2/1
gpn11 STATE OF GEORGIA
COUNTY OF FORSYTH
Under and by virtue of the Power
ot Sale In a certain Deed to
Secure Debt from MELA JONG
KIM TRUSTOR AND TRUSTEE
OF THE MK LIVING TRUST,
Glamor, to METRO CITY BANK,
Grantee, dated November 30.
2006; recorded in Deed Book
4344. Georgia page 468, Forsyth County,
records, said Deed to
Secure Debt having been given
tovsocure dated November a Promissory 30, N ote
2006. in the
original $2,725,000.00, principal a mount of
there will be sold
by the undersigned at public out¬
cry, during the legal hours of
sale, before the door of the
courthouse ot Forsyth County
Georgia, February, on the first Tuesday in
2012 to wit February
7,(2012, to the highest and best
bidder tor cash,, the followinq
described property:
AL'L THAT TRACT OR PARCEL
Off LAND lying and beinq in
Land Lots 685, 686, 755 a.,
756, 2nd District, Forsyth u
County
See LEGALS 126 C