Newspaper Page Text
PAGE 6B PICKENS COUNTY PROGRESS THURSDAY. OCTOBER 21.2010
Legal Notices
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Under and by virtue of the Power of Sale
contained in a Security Deed given by
Michael L. Morgan to Mortgage Electronic
Registration Systems, Inc., as Nominee
for Guaranteed Rate, Inc., dated
November 27, 2007, recorded in Deed
Book 80f, Page 680, Pickens County,
Georgia records, as last transferred to
OCWEN LOAN SERVICING, LLC by
assignment recorded in Deed Book 898,
Page 454, Pickens County, Georgia
records conveying the after-described
property to secure a Note in the original
principal amount of EIGHTY-SEVEN
THOUSAND AND OO/fOO DOLLARS
($87,000.00); with interest thereon as set
forth therein, there will be sold at public
outcry to the highest bidder for cash
before the courthouse door of Pickens
County, Georgia, within the legal hours of
sale on the first Tuesday in November
20f0 the following described property:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND LOT
257 OF THE 5TH DISTRICT. 2ND SEC
TION, PICKENS COUNTY, GEORGIA,
BEING LOT 1601 OF SHARP TOP
MOUNTAIN SECTION BENT TREE SUB
DIVISION, AS PER PLAT THEREOF
RECORDED IN PLAT BOOK I, PAGE 58,
PICKENS COUNTY, GEORGIA
RECORDS, WHICH RECORDED PLAT
IS INCORPORATED HEREIN BY REF
ERENCE AND MADE A PART OF THIS
DESCRIPTION.
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 indebtedness
as and when due and in the manner pro
vided in the Note and Security Deed. The
debt remaining in default, this sale will be
made for the purpose of paying the same
and all expenses of this sale, as provided
in Security Deed and by law, including
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 dis
closed by an accurate survey and inspec
tion of the property, any assessments,
liens, encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed first
set out above.
The entity that has full authority to nego
tiate, amend, and modify all terms of the
mortgage with the debtor is: Ocwen Loan
Servicing LLC, Attention Home Retention
Department, 166f Worthington Road,
Suite 100, West Palm Beach, FL 33409,
877-596-8580. Please understand that
the secured creditor is not required by law
to negotiate, amend, or modify the terms
of the mortgage instrument.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is Michael L. Morgan or a ten
ant or tenants and said property is more
commonly known as 2691 Tamarack Dr,
Jasper, GA 30143.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
to final confirmation and audit of the status
of the loan with the holder of the security
deed.
OCWEN LOAN SERVICING, LLC as
Attorney in Fact for Michael L. Morgan
Weissman, Nowack, Curry & Wilco, PC
Attn: Ocwen Team
One Alliance Center
3500 Lenox Road
Atlanta, GA 30326
/SM 12/03/2009
Our File# 015151-003110
This is an attempt to collect a debt. Any
information obtained will be used for that
purpose.
(23-26)
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Because of default in the payment of the
indebtedness, secured by a Security
Deed executed by Christy C. Ragano and
Michael J. Ragano to Mortgage Electronic
Registration Systems, Inc. as nominee for
Allied Home Mortgage Capital
Corporation, its successors and assigns
dated November 13, 2003 in the amount
of $127,105.00, and recorded in Deed
Book 559, Page 31, Pickens County,
Georgia Records; as last transferred to
CitiMortgage, Inc. by assignment; the
undersigned, CitiMortgage, Inc. pursuant
to said deed and the note thereby
secured, has declared the entire amount
of said indebtedness due and payable and
pursuant to the power of sale contained in
said deed, will on the first Tuesday in
November, 2010 , during the legal hours
of sale, at the Courthouse door in Pickens
County, sell at public outcry to the highest
bidder for cash, the property described in
said deed to-wit:
All that tract or parcel of land lying and
being in Land Lot 230 of the 12th District,
2nd Section, Pickens County, Georgia,
being Lot 40, Lakelands Subdivision con
taining 1.50 acres more or less and being
more particularly described in that certain
plat of survey made by Jick A. Page, Jr.,
Georgia Registered Land Surveyor RLS
No. 1894, dated December 15, 1995, and
recorded May 15, 1996, in Plat Book Z,
Page 231, Pickens County, Georgia
Records. Said Plat of survey is incorporat
ed herein and made a part hereof by ref
erence thereto.
The above described property is con
veyed subject to that certain declaration of
protective covenants for the Lakelands,
dated May 29, 1996 and recorded June 6,
1996 in Deed Book 254, Page 649-650,
Pickens County, Georgia Records.
which has the property address of 1218
Twin Mountain Lake Circle, Talking
Rock, Georgia., together with all fixtures
and other personal property conveyed by
said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of-way,
easements, protective covenants or
restrictions, liens, and other superior mat
ters of record which may affect said prop
erty.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
to final confirmation and audit of the status
of the loan with the holder of the security
deed.
Notice has been given of intention to
collect attorneys' fees in accordance with
the terms of the note secured by said
deed.
Said property will be sold as the proper
ty of Christy C. Ragano and Michael J.
Ragano and the proceeds of said sale will
be applied to the payment of said indebt
edness, the expense of said sale, all as
provided in said deed, and the under
signed will execute a deed to the purchas
er as provided in the aforementioned
Security Deed.
CitiMortgage, Inc. Attorney in Fact for
Christy C. Ragano and Michael J. Ragano
Anthony DeMarlo, Attorney/tnalty
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-16613/FHA
This law firm is acting as a debt collec
tor and is attempting to collect a debt. Any
information obtained will be used for that
purpose.
(23-26)
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Because of default in the payment of the
indebtedness, secured by a Security
Deed executed by Katrina Lock to
Mortgage Electronic Registration
Systems, Inc. as nominee for Wachovia
Mortgage Corporation, its successors and
assigns dated July 25, 2003 in the amount
of $103,377.00, and recorded in Deed
Book 537, Page 355, Pickens County,
Georgia Records; as last transferred to
The Bank of New York Mellon formerly
known as The Bank of New York as suc
cessor Trustee to JP Morgan Chase
Bank, N.A., as Trustee for certificatehold-
ers of Bear Stearns Asset Backed
Securities Trust 2005-SD3, Asset Backed
Certificates, Series 2005-SD3 by assign
ment; the undersigned, The Bank of New
York Mellon formerly known as The Bank
of New York as successor Trustee to JP
Morgan Chase Bank, N.A., as Trustee for
certificateholders of Bear Stearns Asset
Backed Securities Trust 2005-SD3, Asset
Backed Certificates, Series 2005-SD3
pursuant to said deed and the note there
by secured, has declared the entire
amount of said indebtedness due and
payable and pursuant to the power of sale
contained in said deed, will on the first
Tuesday in November, 2010, during the
legal hours of sale, at the Courthouse
door in Pickens County, sell at public out
cry to the highest bidder for cash, the
property described in said deed to-wit:
All that tract or parcel of land lying and
being in Land Lot 232 of the 12th District
and 2nd Section of Pickens County,
Georgia, being Lot 2, Aarons Way
Subdivision, containing 1.021 acres, more
or less and being particularly described on
that certain Plat of Survey made by L.
Stewart Solomon, Jr., Georgia Registered
Land Surveyor Number 1814 dated
November 16, 1999 and recorded in Plat
Book HH, Page 124, Pickens County,
Georgia records. Said Plat of Survey is
incorporated herein and made a part here
of by reference thereto. Being the same
property conveyed to Ralph Disharoon by
Warranty Deed of Vivian E. Roland dated
December 16, 1999, and recorded
January 3, 2000, in Deed Book 355, Page
269, Pickens County, Georgia records.
which has the property address of 151
Appalachian Court, Jasper, Georgia,
together with all fixtures and other person
al property conveyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of-way,
easements, protective covenants or
restrictions, liens, and other superior mat
ters of record which may affect said prop
erty.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
to final confirmation and audit of the status
of the loan with the holder of the security
deed.
Notice has been given of intention to
collect attorneys' fees in accordance with
the terms of the note secured by said
deed.
Said property will be sold as the proper
ty of Katrina Lock and the proceeds of
said sale will be applied to the payment of
said indebtedness, the expense of said
sale, all as provided in said deed, and the
undersigned will execute a deed to the
purchaser as provided in the aforemen
tioned Security Deed.
The Bank of New York Mellon formerly
known as The Bank of New York as suc
cessor Trustee to JP Morgan Chase
Bank, N.A., as Trustee for certificatehold
ers of Bear Stearns Asset Backed
Securities Trust 2005-SD3, Asset Backed
Certificates, Series 2005-SD3 Attorney in
Fact for Katrina Lock
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-10466/CONV
This law firm is acting as a debt collec
tor and is attempting to collect a debt. Any
information obtained will be used for that
purpose.
(23-26)
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Under and by virtue of the Power of Sale
contained in a Security Deed given by
Marcus L. Bishop to Wells Fargo Bank,
N.A., dated March 4, 2005, recorded in
Deed Book 639, Page 191, Pickens
County, Georgia Records, conveying the
after-described property to secure a Note
in the original principal amount of One
Hundred Forty-One Thousand and 0/100
Dollars ($141,000.00), with interest there
on as set forth therein, there will be sold at
public outcry to the highest bidder for cash
before the courthouse door of Pickens
County, Georgia within the legal hours of
sale on the first Tuesday in November,
2010, the following described property:
See Exhibit “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 indebtedness
as and when due and in the manner pro
vided in the Note and Security Deed. The
debt remaining in default, this sale will be
made for the purpose of paying the same
and all expenses of this sale, as provided
in Security Deed and by law, including
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 dis
closed by an accurate survey and inspec
tion of the property, any assessments,
liens, encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed first
set out above.
The entity that has full authority to nego
tiate, amend, and modify all terms of the
mortgage with the debtor is: Wells Fargo
Home Mortgage, Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-416-1472.
Please understand that the secured cred
itor is not required by law to negotiate,
amend, or modify the terms of the mort
gage instrument.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is Marcus L. Bishop or a ten
ant or tenants and said property is more
commonly known as 138 White Pine
Way, Jasper, Georgia 30143.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
to final confirmation and audit of the status
of the loan with the holder of the security
deed.
EXHIBIT “A”
All that tract or parcel of land lying and
being in Land Lot 198, 12th District, 2nd
Section, Pickens County, Georgia, being
Lot 49, Deer Pointe Subdivision, Unit 3, as
per plat of survey, dated 9/18/00, and
recorded in plat book JJ, page 12, Pickens
County, Georgia Records; said plat of sur
vey being incorporated herein by refer
ence thereto for a more complete descrip
tion of the property herein conveyed.
Wells Fargo Bank, N.A. as Attorney in
Fact for Marcus L. Bishop
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/aet 11/2/10
Our file no. 52526807-FT5
This law firm is acting as a debt collec
tor attempting to collect a debt. Any infor
mation obtained will be used for that pur
pose.
(23-26)
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Because of default in the payment of the
indebtedness, secured by a Security
Deed executed by Jeffrey L. Buck and
Jennifer Jones Buck to Beneficial
Mortgage Co. of Georgia dated October
18, 2006 in the amount of $118,751.78,
and recorded in Deed Book 741, Page
352, Pickens County, Georgia Records;
as last transferred to Beneficial Mortgage
Co. of Georgia by assignment; the under
signed, Beneficial Mortgage Co. of
Georgia pursuant to said deed and the
note thereby secured, has declared the
entire amount of said indebtedness due
and payable and pursuant to the power of
sale contained in said deed, will on the
first Tuesday in November, 2010 , during
the legal hours of sale, at the Courthouse
door in Pickens County, sell at public out
cry to the highest bidder for cash, the
property described in said deed to-wit:
All that tract or parcel of land lying in
Land Lot 76 of the 4th District and 2nd
Section of Pickens County, Georgia con
taining 1.64 acres, more or less, and
being more particularly described as fol
lows: Beginning at a standing rock (3 in. x
10 in., said rock being the common corner
of Land Lots 75, 76, 77 and 78; thence
proceeding North 87 Degrees 47 Minutes
58 Seconds West 886.59 feet to a
IPS(4#R); thence North 15 Degrees 13
Minutes 54 Seconds East 342.92 feet to
an IPF on the 40 foot right-of-way of the
Turner Road; thence North 83 degrees 05
Minutes 46 Seconds West 66.20 feet to an
IPS; thence North 81 Degrees 26 Minutes
42 Seconds West 273.05 feet to an IPS;
thence 88 Degrees 59 Minutes 25
Seconds West 282.46 feet to an IPS;
thence North 81 Degrees 40 Minutes 36
Seconds West 72.00 feet to an IPS;
thence North 84 Degrees 22 Minutes 19
Seconds West 72.23 feet to a point on the
40 foot right-of-way of Turner Road, said
point being the Point of Beginning; thence
leaving the 40 foot right-of-way of Turner
Road and proceeding South 01 Degrees
35 Minutes 04 Seconds West 320.55 feet
to a point; thence North 64 Degrees 52
Minutes 15 Seconds West 56.03 feet to an
IPF; THENCE NORTH 44 DEGREES 48
MINUTES 38 SECONDS EAST 57.71
FEET TO AN IPF; THENCE NORTH 36
DEGREES 09 MINUTES 29 SECONDS
WEST 137.71 FEET TO AN IPF; thence
North 55 Degrees 21 Minutes 51 Seconds
West 40.21 feet to an IPS; thence North
63 Degrees 55 Minutes 26 Seconds West
91.64 feet to an IPS; thence North 59
Degrees 20 Minutes 21 Seconds West
76.61 feet to an IPS; thence North 41
Degrees 09 Minutes 40 Seconds West
47.88 feet to an IPS; thence North 26
Degrees 28 Minutes 59 Seconds West
72.94 feet to an IPS on the 40 foot right-
of-way of Turner Road; thence along said
right-of-way South 76 Degrees 53 Minutes
48 Seconds East 129.82 feet to an IPS;
thence South 84 Degrees 22 Minutes 19
Seconds East 301.87 feet to the Point of
Beginning. The above described property
being shown as Tract 2 on a composite
plat for Leon Bridges prepared by Roger
S. Lee and Associates Inc. with a plat date
of October 29, 2004.
which has the property address of 416
Turner Road, Jasper, Georgia, together
with all fixtures and other personal proper
ty conveyed by said deed.
The sale will be held subject to any
unpaid taxes, assessments, rights-of-way,
easements, protective covenants or
restrictions, liens, and other superior mat
ters of record which may affect said prop
erty.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
to final confirmation and audit of the status
of the loan with the holder of the security
deed.
Notice has been given of intention to
collect attorneys' fees in accordance with
the terms of the note secured by said
deed.
Said property will be sold as the proper
ty of Jeffrey L. Buck and Jennifer Jones
Buck and the proceeds of said sale will be
applied to the payment of said indebted
ness, the expense of said sale, all as pro
vided in said deed, and the undersigned
will execute a deed to the purchaser as
provided in the aforementioned Security
Deed.
Beneficial Mortgage Co. of Georgia
Attorney in Fact for Jeffrey L. Buck and
Jennifer Jones Buck
Anthony DeMarlo, Attorney/efisher
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-13877/CONV
This law firm is acting as a debt collec
tor and is attempting to collect a debt. Any
information obtained will be used for that
purpose.
(23-26)
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STATE OF GEORGIA
COUNTY OF PICKENS
NOTICE OF SALE UNDER POWER
Because of a default in the payment of
the indebtedness secured by a Security
Deed executed by Tom V. Buffington, Jr.
to Regions Bank DBA Regions Mortgage
dated July 7, 2003, and recorded in Deed
Book 533, Page 614, Pickens County
Records, securing a Note in the original
principal amount of $138,420.00, the hold
er thereof pursuant to said Deed and Note
thereby secured has declared the entire
amount of said indebtedness due and
payable and, pursuant to the power of
sale contained in said Deed, will on the
first Tuesday, November 2, 2010, during
the legal hours of sale, before the
Courthouse door in said County, sell at
public outcry to the highest bidder for
cash, the property described in said Deed,
to-wit:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND LOT
49 OF THE 23RD DISTRICT, 2ND SEC
TION, PICKENS COUNTY, GEORGIA,
BEING LOT 26, PICKENS WEST
ESTATES, AS PER PLAT RECORDED
IN PLAT BOOK MM, PAGES 42
THROUGH 44, PICKENS COUNTY,
GEORGIA RECORDS.
Said property is known as 383 West
Destiny Drive, Fairmount, GA 30139,
together with all fixtures and personal
property attached to and constituting a
part of said property, if any.
Said property will be sold subject to any
outstanding ad valorem taxes (including
taxes which are a lien, whether or not now
due and payable), the right of redemption
of any taxing authority, any matters which
might be disclosed by an accurate survey
and inspection of the property, any
assessments, liens, encumbrances, zon
ing ordinances, restrictions, covenants,
and matters of record superior to the
Security Deed first set out above.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
to final confirmation and audit of the status
of the loan with the holder of the security
deed.
Notice has been given of intention to
collect attorney's fees in accordance with
the terms of the Note secured by said
Deed.
Said property will be sold as the proper
ty of Tom V. Buffington, Jr., the property,
to the best information, knowledge and
belief of the undersigned, being presently
in the possession of Tom V. Buffington, Jr.
and Donna L. Buffington, and the pro
ceeds of said sale will be applied to the
payment of said indebtedness and all the
expenses of said sale, including attorney's
fees, all as provided in said Deed, and the
balance, if any, will be distributed as pro
vided by law.
Regions Bank DBA Region Mortgage as
Attorney-in-FactforTom V. Buffington, Jr.;
successors in title being Tom V.
Buffington, Jr. and Donna L. Buffington
File no. 10-002823
SHAPIRO & SWERTFEGER, LLP’
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/AR
www.swertfeger.net
’The law firm is acting as a debt collec
tor. Any information obtained will be used
for that purpose.
[FC-NOS]
(23-26)
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Under and by virtue of the Power of Sale
contained in a Security Deed given by
John Blake Hillyer to Mortgage Electronic
Registration Systems, Inc., dated January
4, 2006, recorded in Deed Book 690,
Page 822, Pickens County, Georgia
Records, as last transferred to BAC Home
Loans Servicing, LP fka Countrywide
Home Loans Servicing, LP by assignment
recorded in Deed Book 899, Page 100,
Pickens County, Georgia Records, con
veying the after-described property to
secure a Note in the original principal
amount of Eighty Thousand One and
0/100 Dollars ($80,001.00), with interest
thereon as set forth therein, there will be
sold at public outcry to the highest bidder
for cash before the courthouse door of
Pickens County, Georgia within the legal
hours of sale on the first Tuesday in
November, 2010, the following described
property:
See Exhibit “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 indebtedness
as and when due and in the manner pro
vided in the Note and Security Deed. The
debt remaining in default, this sale will be
made for the purpose of paying the same
and all expenses of this sale, as provided
in Security Deed and by law, including
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 dis
closed by an accurate survey and inspec
tion of the property, any assessments,
liens, encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed first
set out above.
The entity that has full authority to nego
tiate, amend, and modify all terms of the
mortgage with the debtor is: Bank of
America, 177 Countrywide Way, Mail
Stop: CAO-911-01-05, Lancaster, CA
93536, (661) 951-5722. Please under
stand that the secured creditor is not
required by law to negotiate, amend, or
modify the terms of the mortgage instru
ment.
To the best knowledge and belief of the
undersigned, the party in possession of
the property is John Blake Hillyer or a ten
ant or tenants and said property is more
commonly known as 183 Rainbow Court,
Jasper, Georgia 30143.
The sale will be conducted subject (1) to
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2)
to final confirmation and audit of the status
of the loan with the holder of the security
deed.
EXHIBIT “A”
The following described real property
situate in the City of Jasper County of
Pickens, and State of Georgia, to wit: All
that tract or parcel of land lying and being
in Land Lot 258 of the 5th District, 2nd
Section, Pickens County, Georgia and
being all of Lot 2319 Mole Mountain sec
tion, Bent Tree, located on Rainbow
Court, and more particularly described as
follows: To find the point of beginning, run
ning south 59 degrees 24 minutes 18 sec
onds east with a distance of 1259.4 feet
from the intersection of the original Land
Lots 258,259,282, and 283 to an iron pin
found which is the true point of beginning
of the lot herein described; thence south
85 degrees 35 minutes 48 seconds west a
distance of 166.47 feet to an iron pin
found; thence north 20 degrees 46 min
utes 26 seconds west a distance of 40.00
feet to an iron pin found; thence north 24
degrees 15 minutes 20 seconds east a
distance of 53.38 feet to an iron pin found;
thence north 33 degrees 24 minutes 04
seconds east a distance of 82.54 feet to
an iron pin found; thence north 20 degrees
14 minutes 33 seconds east a distance of
20.31 feet to an iron pin found; thence
south 59 degrees 44 minutes 10 seconds
east a distance of 178.43 feet to an iron
pin found; thence south 67 degrees 10
minutes 10 seconds west a distance of
25.01 feet to an iron pin found; thence
south 19 degrees 43 minutes 04 seconds
west a distance of 63.86 feet to the true
point of beginning. Said lot being a total of
0.538 acres and being more particularly
described by plat of survey for George J.
Hillyer and Ruth A. Hillyer by Radford
Grant, RLS, State of Georgia No. 841,
dated February 7, 1985, and revised July
10, 1985, and recorded in Plat Book M,
Page 288, Pickens County, Georgia
records, and by reference therein, said
plat of surveys incorporated herein and
made a part hereof. By fee simple deed
from John Blake Hillyer, as executor of the
last will and testament of George John
Hillyer, deceased as set forth in Deed
Book 500, Page 232 and recorded on
2/19/2003, Pickens County records. The
source deed as stated above is the last
record of vesting filed for this property.
There have been no vesting changes
since the date of the above referenced
source.
BAC Home Loans Servicing, LP fka
Countrywide Home Loans Servicing, LP
as Attorney in Fact for John Blake Hillyer
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/xx1 11/2/10
Our file no. 51046307-FT4
This law firm is acting as a debt collec
tor attempting to collect a debt. Any infor
mation obtained will be used for that pur
pose.
(23-26)
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NOTICE OF DEFAULT AND FORECLO
SURE SALE
WHEREAS, on July 20, 2005, a certain
Security Deed was executed by Fulton J.
Poole and Hazel M. Poole as grantor in
favor Wells Fargo Bank, N.A. as grantee
and was recorded on November 15, 2005,
in Book 680, Page 482 in the Office of the
Clerk of Superior Court, Pickens County,
Georgia; and
WHEREAS, the Security Deed was
insured by the United States Secretary of
Housing and Urban Development (the
Secretary) pursuant to the National
Housing Act for the purpose of providing
single family housing; and;
WHEREAS, the Security Deed is now
owned by the Secretary, pursuant to an
assignment recorded on June 1, 2009 in
Book 863, Page 211, in the Office of the
Clerk of Superior Court, Pickens County,
Georgia; and
WHEREAS, a default has been made in
the covenants and conditions of the
Mortgage in that the payment due on
August 2, 2010 was not made and
remains wholly unpaid as of the date of
this notice, and no payment has been
made sufficient to restore the loan to cur
rency; and
WHEREAS, the entire amount delin
quent as of October 31, 2010 is
$204,027.02 plus fees and costs; and
WHEREAS, by virtue of this default, the
Secretary has declared the entire amount
of the indebtedness secured by the
Security Deed to by immediately due and
payable;
NOW THEREFORE, pursuant to pow
ers vested in me by the Single Family
Mortgage Foreclosure Act of 1994, 12
U.S.C. 3751 et seq„ by 24 CFR Part 27,
subpart B, and by the Secretary's desig
nation of me as Foreclosure
Commissioner, recorded on September 9,
2010 in Book 902, Page 810, notice is
hereby given that on November 2, 2010 at
1:30 p.m. local time, all real and personal
property at or used in connection with the
following described premises (“Property”)
will be sold at public auction to the highest
bidder:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN LAND
LOTS 287 AND 288, 5TH DISTRICT, 2ND
SECTION, PICKENS COUNTY, GEOR
GIA, AND BEING MORE PARTICULAR
LY DESCRIBED AS FOLLOWS: BEGIN
NING AT A POINT LOCATED IN THE
CENTER LINE OF A 12 FOOT GRAVEL
ROAD, WHICH SAID POINT IS LOCAT
ED ON THE SOUTHEAST SIDE OF A
WOODEN BRIDGE; THENCE NORTH 67
DEGREES 48 MINUTES EAST A DIS
TANCE OF 123.4 FEET TO AN IRON PIN
IN THE CENTERLINE OF AN 8 FOOT
DIRT ROAD, WHICH SAID IRON PIN IS
THE POINT OF BEGINNING OF THE
PROPERTY HEREIN CONVEYED,
THENCE NORTH 64 DEGREES, 25 MIN
UTES 25 SECONDS WEST A DISTANCE
OF 82.49 FEET TO A POINT; THENCE
NORTH 73 DEGREES 35 MINUTES 38
SECONDS WEST AN ARC DISTANCE
OF 143.70 FEET TO A RIGHT-OF-WAY
NAIL FOUND; THENCE NORTH 82
DEGREES 45 MINUTES 27 SECONDS
WEST A DISTANCE OF 11.03 FEET TO
AN IRON PIN; THENCE NORTH 32
DEGREES 09 MINUTES 39 SECONDS
EAST A DISTANCE OF 801.35 FEET TO
AN IRON PIN; THENCE SOUTH 57
DEGREES 28 MINUTES 00 SECONDS
EAST A DISTANCE OF 25.01 FEET TO
AN IRON PIN; THENCE SOUTH 58
DEGREES 14 MINUTES 00 SECONDS
EAST A DISTANCE OF 91.76 FEET TO
AN IRON PIN; THENCE SOUTH 02
DEGREES 33 MINUTES 00 SECONDS
WEST A DISTANCE OF 64.68 FEET TO
AN IRON PIN; THENCE SOUTH 63
DEGREES 20 MINUTES 00 SECONDS
WEST A DISTANCE OF 120.54 FEET TO
AN IRON PIN; THENCE SOUTH 12
DEGREES 45 MINUTES 00 SECONDS
WEST A DISTANCE OF 210.21 FEET TO
AN IRON PIN; THENCE SOUTH 31
DEGREES 23 MINUTES 55 SECONDS
WEST A DISTANCE OF 107.35 FEET TO
AN IRON PIN; THENCE SOUTH 34
DEGREES 58 MINUTES 23 SECONDS
WEST A DISTANCE OF 87.13 FEET TO
AN IRON PIN; THENCE SOUTH 55
DEGREES 14 MINUTES 33 SECONDS
EAST A DISTANCE OF 140.96 FEET TO
AN IRON PIN LOCATED IN THE CEN
TERLINE OF AN 8 FOOT DIRT ROAD;
THENCE ALONG SAID CENTERLING
OF SAID DIRT ROAD SOUTH 42
DEGREES 48 MINUTES 27 SECONDS
WEST A DISTANCE OF 96.90 FEET TO
AN IRON PIN; THENCE CONTINUING
ALONG SAID CENTERLINE SOUTH 58
DEGREES 13 MINUTES 48 SECONDS
WEST A DISTANCE OF 106.30 FEET TO
AN IRON PIN AND THE POINT OF
BEGINNING OF THE PROPERTY HERE
IN CONVEYED SAID TRACT CONTAIN
ING 3.0 ACRES.
FOR A MORE PARTICULAR
DESCRIPTION OF THE PROPERTY
HEREIN CONVEYED SPECIFIC REFER
ENCE IS HEREBY MADE TO A PLAT OF
SURVEY PREPARED FOR PHILIP M.
SIMON AND KRISTEN J. SIMON, PRE
PARED BY LANE S. BISHOP & ASSOCI
ATES, DATED MARCH 6, 1987, AND
BEING RECORDED IN PLAT BOOK 0,
PAGE 73, PICKENS COUNTY, GEOR
GIA PLAT RECORDS, WHICH SAID
PLAT OF SURVEY IS INCORPORATED
HEREIN AND MADE A PART HEREOF.
Commonly known as: 449 Old
Grandview Road, Jasper, GA 30143
The sale will be held at the Pickens
County Courthouse. The Secretary of
Housing and Urban Development will bid
$204,069.59 plus fees & costs.
There will be no proration of taxes, rents
or other income or liabilities, except that
the purchaser will pay, at or before clos
ing, his prorate share of any real estate
taxes that have been paid by the
Secretary to the date of the foreclosure
sale.
When making their bids, all bidders
except the Secretary must submit a
deposit totaling $20,406.95 in the form of
a certified check or cashier's check made
out to the Secretary of HUD. Each oral bid
need not be accompanied by a deposit. If
the successful bid is oral, a deposit of $20,
406.95 must be presented before the bid
ding is closed. The deposit is nonrefund-
able. The remainder of the purchase price
must be delivered within 30 days of the
sale or at such other time as the Secretary
may determine for good cause shown,
time being of the essence. This amount,
like the bid deposits, must be delivered in
the form of a certified or cashier's check. If
the Secretary is the high bidder, he need
not pay the bid amount in cash. The suc
cessful bidder will pay all conveyancing
fees, all real estate and other taxes that
are due on or after the delivery of the
remainder of the payment and all other
costs associated with the transfer of title.
At the conclusion of the sale, the deposits
of the unsuccessful bidders will be
returned to them.
The Secretary may grant an extension
of time within which to deliver the remain
der of the payment. All extensions will be
for 15-day increments for a fee of
$500.00, paid in advance. The extension
fee shall be in the form of a certified or
cashier's check made payable to the
Secretary of HUD. If the high bidder clos
es the sale prior to the expiration of any
extension period, the unused portion of
the extension fee shall be applied toward
the amount due.
If the high bidder is unable to close the
sale within the required period, or within
any extensions of time granted by the
Secretary, the high bidder may be
required to forfeit the cash deposit or, at
the election of the foreclosure commis
sioner after consultation with the HUD
Field Office representative, will be liable to
HUD for any costs incurred as a result of
such failure.
The Commissioner may, at the direction
of the HUD Field Office representative,
offer the Property to the second highest
bidder for an amount equal to the highest
price offered by that bidder.
There is no right of redemption, or right
of possession based upon a right of
redemption, in the mortgage or others
subsequent to a foreclosure completed
pursuant to the Act. Therefore, the
Foreclosure Commissioner will issue a
Deed to the purchaser (s) upon receipt of
the entire purchase price in accordance
with the terms of the sale as provided
herein. HUD does not guarantee that the
property will be vacant.
The scheduled foreclosure sale shall be
canceled or adjourned if it is established,
by documented written application of the
mortgagor to the Foreclosure
Commissioner not less than 3 days before
the date of sale, or otherwise, that the
default or defaults upon which the foreclo
sure is based did not exist at the time of
service of this notice of default and fore
closure sale, or all amounts due under the
mortgage agreement are tendered to the
Foreclosure Commissioner, in the form of
a certified or cashier's check payable to
the Secretary of HUD, before public auc
tion of the property is completed.
The amount that must be paid if the
Mortgage is to be reinstated prior to the
scheduled sale is $204,027.02 plus fees
and costs as of October 31, 2010 plus all
other amounts that would be due under
the mortgage agreement if payments
under the mortgage had not been acceler
ated, advertising costs and postage
expenses incurred in giving notice,
mileage by the most reasonable road dis
tance for posting notices and for the
Foreclosure Commissioner's attendance
at the sale, reasonable and customary
costs incurred for title and lien record
searches, the necessary out-of-pocket
costs incurred by the Foreclosure
Commissioner for recording documents, a
commission for the Foreclosure
Commissioner, and all other costs
incurred in connection with the foreclosure
prior to reinstatement.
Tender of payment by certified or
cashier's check or application for cancella
tion of the foreclosure sale shall be sub
mitted to the address of the Foreclosure
Commissioner provided below.
Shapiro & Swertfeger
Date: October 2010
L.Jack Swertfeger, Jr.
FORECLOSURE COMMISSIONER
2872 Woodcock Boulevard
Suite 100
Atlanta, GA 30341
770-220-2535
(24-26)
2 & 3 Bedroom Apartment for rent
in quiet complex on Navaho Trail in Jasper.
1 year lease, security deposit and references required.
No pets.
Call 770-894-7340 for additional information.
Forest Glen Apartments
504 Indian Forest Rd.
Jasper, GA 30143
706-692-5355
TDD# 1-800-255-0056
2 Bedroom Apartments
$300 Deposit
$99 Move In Special
Please call for details
Office Hours
Mon - Fri
3:00 PM - 6:00 PM
&
THIS INSTITUTION IS AND EQUAL
OPPORTUNITY PROVIDER
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