Newspaper Page Text
THURSDAY. OCTOBER 17. 2013 PICKENS COUNTY PROGRESS PAGE 3B
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 Deed to Secure Debt
given by Erica E. Smith and John K. Smith
to Mortgage Electronic Registration
Systems, Inc. as nominee for Ownit
Mortgage Solutions, Inc., dated July 21,
2006, and recorded in Deed Book 723,
Page 137, Pickens County, Georgia
records, as last transferred to U.S. Bank
National Association, as trustee, on behalf
of the holders of the Credit Suisse First
Boston Mortgage Securities Corp. Home
Equity Pass Through Certificates, Series
2006-8 by Assignment filed for record in
Deed Book 922, Page 816, Pickens
County, Georgia records, conveying the
after-described property to secure a Note
of even date in the original principal
amount of $115,900.00, with interest at
the rate specified therein, there will be
sold by the undersigned at public outcry to
the highest bidder for cash before the
Courthouse door of Pickens County,
Georgia, within the legal hours of sale on
the first Tuesday in November, 2013, to
wit: November 5, 2013, the following
described property:
All that tract or parcel of land lying and
being in Land Lot 161 of the 12th District,
2nd Section, Pickens County, Georgia,
being Lot 72, Hobson Estates
Subdivision, Unit Two, as per plat record
ed in Plat Book FF, Page 29, Pickens
County Records, which plat of survey is
incorporated herein and made a part here
of.
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 indebtedness 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 provided in the
Deed to Secure Debt and by law, includ
ing attorney's fees (notice of intent to col
lect attorney's fees having been given).
Said property is commonly known as
507 Hobson Drive, Jasper, GA 30143.
together with all fixtures and personal
property attached to and constituting a
part of said property. To the best knowl
edge and belief of the undersigned, the
party (or parties) in possession of the sub
ject property is (are): Erica E. Smith and
John K. Smith or tenant or tenants.
Said property will be sold subject to
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but not
yet due and payable), (b) any matters
which might be disclosed by an accurate
survey and inspection of the property, and
(c) all matters of record superior to the
Deed to Secure Debt first set out above,
including, but not limited to, assessments,
liens, encumbrances, zoning ordinances,
easements, restrictions, covenants, etc.
The sale will be conducted subject to
(1) confirmation that the sale is not prohib
ited 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 certain procedures
regarding the rescission of judicial and
nonjudicial sales in the State of Georgia,
the Deed Under Power and other foreclo
sure documents may not be provided until
final confirmation and audit of the status of
the loan as provided in the preceding
paragraph.
Pursuant to O.C.G.A. Section 44-14-
162.2, the entity that has full authority to
negotiate, amend and modify all terms of
the mortgage with the debtor is:
Select Portfolio Servicing, Inc.
Attention: Loss Mitigation Department
3815 South West Temple
Salt Lake City, Utah 84115
1-888-818-6032
The foregoing notwithstanding, noth
ing in OC.G.A. Section 44-14-162.2 shall
be construed to require the secured cred
itor to negotiate, amend or modify the
terms of the Deed to Secure Debt
described herein.
This sale is conducted on behalf of the
secured creditor under the power of sale
granted in the aforementioned security
instrument, specifically being
U.S. Bank National Association, as
trustee, on behalf of the holders of the
Credit Suisse First Boston Mortgage
Securities Corp. Home Equity Pass
Through Certificates, Series 2006-8 as
attorney in fact for Erica E. Smith and
John K. Smith
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 collec
tor attempting to collect a debt. Any infor
mation obtained will be used for that pur
pose.
FC11-368
(24-27)
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NOTICE OF SALE UNDER POWER
GEORGIA, PICKENS COUNTY
Under and by virtue of the power of
sale contained in the Deed to Secure Debt
dated October 11, 2007, from LINDA B.
JOHNSON, (“Grantor"), to JASPER
BANKING COMPANY, (“Grantee”)
recorded October 23, 2007 in Deed Book
796, Page 427-432, Pickens County,
Georgia Superior Court Records, said
Deed to Secure Debt having been last
assigned and conveyed to Stearns Bank,
N.A., as successor in interest to Jasper
Banking Company, and pursuant to that
certain Purchase and Assumption
Agreement between the Federal Deposit
Insurance Corporation as Receiver of
Jasper Banking Company and Stearns
Bank, N.A., recorded April 15, 2013 in
Deed Book 997. Page 784-787, said Deed
to Secure Debt being given to secure a
Note, as may be modified and/or amend
ed from time to time, in the original princi
pal amount of Three Hundred Thousand
and 00/100 Dollars ($300,000.00). There
will be sold by the undersigned Bank, at
public outcry to the highest bidder for cash
before the courthouse door at Pickens
County, Georgia, within the legal hours of
sale on the first Tuesday of November
2013, the property conveyed by said Deed
to Secure Debt (“Property”) described as
follows, to-wit:
All that tract or parcel of land lying and
being in Land Lot 200, 12th District, 2nd
Section, Pickens County, Georgia con
taining 18.649 acres, more or less, and
being more particularly described as fol
lows:
All that tract or parcel of land lying and
being in Land Lot 200 and 201, 12th
District, 2nd Section of Pickens County,
Georgia containing 47.710 net acres and
having the size, shape and dimensions
according to a plat of survey entitled “A
plat for Harold W. Johnson”, by T.M.
Patton and Associates, Inc., dated July
27, 1973 and recorded in plat book F,
page 122, Pickens County Georgia, Deed
Records and by reference said plat is
incorporated herein.
LESS AND EXCEPT
TRACT ONE:
All that tract or parcel of land lying and
being in Land Lot 200 and 201, 12th
District, 2nd Section, Pickens County,
Georgia containing 22.60 acres and hav
ing the size, shape and dimensions
according to a plat of survey for Glen
Smith, dated April 5, 1990 by Roger S.
Lee, R.L.S. No. 2234, recorded in plat R,
page 124, Clerk's Office, Pickens Superior
Court Records, and by reference thereto
said plat is incorporated herein for a more
particular description.
TRACT TWO:
All that tract or parcel of land lying and
being in Land Lot 200, 12th District, 2nd
Section, Pickens County, Georgia, con
taining 2.33 acres having the shape and
dimensions and being subject to the 40
foot ingress/egress easement shown on
plat of survey by Ted S. Chadwick,
G.R.L.S. No. 2498, dated February 25,
1992, revised July 20, 1994, entitled
“Survey for Harold W. Johnson”, which
plat is recorded in Plat Book “D”, page
233, Clerk's Office, Pickens Superior
Court, and by reference is incorporated
herein and made a part of this description.
TRACT THREE:
All that tract or parcel of land lying and
being in Land Lot 200 of the 12th District,
2nd Section, Pickens County, Georgia,
and being more particularly described as
Tract No. 1, containing 1.00 acre and
Tract No. 2 containing 1.00 acre as shown
on a certain Plat of Survey prepared by
James Charles Boling, R.L.S. No. 2531,
dated April 1, 1993 and recorded in Plat
Book V, page 24, Pickens County Plat
Records which plat is incorporated herein
and made a part hereof by reference. The
total of both tracts being 2.00 acres.
The above-described property being a
portion of Lot #3 as shown on a certain
Plat of Survey recorded at Plat Book R,
Page 162, of the Pickens County Plat
Records.
TRACT FOUR:
All that tract or parcel of land lying and
being in Land Lot 200 of the 12th District,
2nd Section, Pickens County, Georgia, as
shown in a Plat of Survey prepared by
James Charles Boling, Registered Land
Surveyor, dated July 10, 1993, and
recorded in Plat Book V, Page 227, of the
Pickens County Plat Records and being
more particularly described in said Plat of
Survey as follows:
Beginning at an iron pin set on the
Northeasterly right-of-way of Hobson
Creek Road (40 foot right-of-way), said
iron pin being located 370.76 feet
Northwest of the Intersection of the
Northeasterly right-of-way of Hobson
Creek Road with the Northwesterly right-
of-way of Philadelphia Road as measured
along the Northeasterly right-of-way of
Hobson Creek Road; thence from said
POINT OF BEGINNING, North 58
degrees 18 minutes 28 seconds West
142.11 feet along the Northeasterly right-
of-way of Hobson Creek Road to an iron
pin set; thence leaving the Northeasterly
right-of-way of Hobson Creek Road North
31 degrees 49 minutes 36 seconds East
337.22 feet to an iron pin set; thence
South 59 degrees 33 minutes 52 seconds
East 90.32 feet to an iron pin set; thence
South 15 degrees 28 minutes 01 seconds
West 185.18 feet to an iron pin set; thence
South 31 degrees 56 minutes 57 seconds
West 161.40 feet to an iron pin set at the
TRUE POINT OF BEGINNING. Said tract
contains 1.00 acres and being a portion of
Lot No. 2 as shown on a certain Plat of
Survey recorded at Plat Book R, Page 162
of the Pickens County Plat Records.
All that tract or parcel of land lying and
being in Land Lot 200, 12th District, 2nd
Section, Pickens County, Georgia, as
shown in a Plat of Survey prepared by
James Charles Boling, Registered Land
Surveyor, dated July 10, 1993, and
recorded in Plat Book V, Page 227,
Pickens County Plat Records and being
more particularly described in Plat of
Survey as follows:
Beginning at an iron pin set on the
Northeasterly right-of-way of Hobson
Creek Road (40 foot right-of-way) said
iron pin being located 512.87 feet
Northwest of the intersection of the
Northeasterly right-of-way of Hobson
Creek Road with the Northwesterly right-
of-way of Philadelphia road as measured
along the Northeasterly right-of-way of
Hobson Creek Road; thence from said
POINT OF BEGINNING, North 58
degrees 18 minutes 28 seconds West
4.65 feet along the Northeasterly right-of-
way of Hobson Creek Road to a point;
thence North 57 degrees 48 minutes 43
seconds West 125.23 feet along the
Northeasterly right-of-way of Hobson
Creek Road to an iron pin found; thence
leaving the Northeasterly right-of-way of
Hobson Creek Road North 31 degrees 49
minutes 36 seconds East 339.29 feet to
an iron pin found; thence South 59
degrees 33 minutes 52 seconds East
129.92 feet to an iron pin set; thence
South 31 degrees 49 minutes 36 seconds
West 337.22 feet to an iron pin set at the
TRUE POINT OF BEGINNING. Said tract
contains 1.00 acres and being portion of
Lot No. 2 as shown on a certain Plat of
Survey recorded at Plat Book R, Page 162
of the Pickens County Deed Records.
TRACT FIVE:
All that tract or parcel of land lying and
being in Land Lot 200, 12th District, 2nd
Section, Pickens County, Georgia, con
taining 0.131 acres being more particular
ly described as follows:
Beginning at an iron pin set on the
north right-of-way of Hobson Creek Road
at a point 300.33 feet from the intersection
of said right-of-way with the northeast
right-of-way of Philadelphia Road; thence
along said right-of-way North 70 degrees
58 minutes 47 seconds West a distance of
33.79 feet; thence along said right-of-way
North 58 degrees 18 minutes 28 seconds
West a distance of 36.64 feet to an iron
pin found; thence leaving said right-of-way
North 31 degrees 56 minutes 57 seconds
East a distance of 80 feet to an iron pin
set; thence South 64 degrees 23 minutes
08 seconds East a distance of 70 feet to
an iron pin set; thence South 31 degrees
56 minutes 57 seconds West a distance of
80 feet to the point of beginning, all as
shown on plat of survey by Richard J.
Poole, G. R.L.S. No. 2667, dated April 1,
1999, entitled, “Survey for ETC COMMU
NICATIONS, LLC”, which plat is recorded
in Plat Book “GG”, page 45, Clerk's Office,
Pickens Superior Court, and by reference
is incorporated herein and made a part of
this description.
Said Property will be sold together
with any and all fixtures and personal
property, conveyed by said Deed to
Secure Debt.
The entire debt secured by said Deed
to Secure Debt has been and is hereby
declared due and payable because,
among other possible events of default, of
the Grantor's failure to pay monthly pay
ments when due. The debt remaining in
default, this sale will be made for the pur
pose of paying the same and all expenses
of this sale, including attorney's fees, as
provided in the Deed to Secure Debt, and
the balance, if any, will be distributed as
provided by law.
To the best of the undersigned's
knowledge and belief, the party in posses
sion of said Property is Grantor or tenants
claiming by, through or under Grantor.
Pursuant to O.C.G.A. §44-14-162.2,
the name, address and telephone number
of the individual or entity who shall have
the full authority to negotiate, amend or
modify all terms of the above described
Deed to Secure Debt is a follows: Scott J.
Garland of Stearns Bank, N.A., 100 Mark
Whitfield Street, P.O. Box 487, Jasper,
Georgia 30143, (706) 253-7032. The
foregoing notwithstanding, nothing in
O.C.G.A. §44-14-162.2 shall be construed
to require Stearns Bank, N.A. to negotiate,
amend or modify the terms of the Deed to
Secure Debt described herein.
The Property will be sold on an “as is,
where is” basis without recourse against
Lender and without representation or war
ranty of any kind or nature whatsoever by
Lender with respect thereto. Said
Property will be subject to any matters
which might be disclosed by an accurate
survey and inspection of the Property.
Said Property will be sold subject to any
outstanding ad valorem taxes and/or
assessments (including taxes which are a
lien but are not yet due and payable), pos
sible redemptive rights, and all liens,
encumbrances, zoning ordinances, ease
ments, restrictions, covenants and other
matters of record to which the Deed to
Secure Debt is junior and inferior in terms
of priority including senior encumbrances
that will not be extinguished by the fore
closure sale contemplated by this Notice.
The sale will be conducted subject (1)
to confirmation that the sale is not prohib
ited under the U.S. Bankruptcy Code and
(2) to final confirmation and audit of the
status of the loan with the holder of the
Deed to Secure Debt.
Pursuant to O.C.G.A. Section 9-13-
172.1, which allows for certain procedures
regarding the rescission of judicial and
nonjudicial sales in the state of Georgia,
the Deed Under Power and other foreclo
sure documents may not be provided until
final confirmation and audit of status of the
loan as provided in the preceding para
graph.
Stearns Bank, N.A., as successor in inter
est to Jasper Banking Company, and pur
suant to that certain Purchase and
Assumption Agreement between the
Federal Deposit Insurance Corporation as
Receiver of Jasper Banking Company and
Stearns Bank, N.A., as attorney-in-fact-for
LINDA B. JOHNSON.
Marcus A. Rosin
Isl Marcus A. Rosin
MARCUS A. ROSIN, PC.
327 Dahlonega Street, Suite 102A
Cumming, Georgia 30040
(678) 208-0339
marcus@marcusrosin.com
Attorney for Bank
This law firm is acting as a debt collector
attempting to collect a debt, and any infor
mation obtained will be used for that pur
pose.
(24-27)
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More from Pickens High Schoo
TSA
Anne Brown-Goolsby, Daniel Eidson,
Maverick Pierce and Courtney Robertson
attended the STEM without Borders
Conference at Georgia Tech on Thursday,
Oct. to. Activities at the conference included
collaboration between PHS and our partner
school Monroe Area High School.
FCA hosts Fields of Faith
By Todd Geren
The FCA hosted Fields of
Faith on Wednesday, Oct. 9,
at Dragon Stadium.
“#4Christ” played some awe
some music, Papa John’s
supplied excellent pizza and
the community came togeth
er for a night of reflection
and worship.
Seven students gave mov
ing testimony full of young
wisdom and heart. Jeremiah
Chapman delivered a mes
sage of truth that rocked
many to their core and gave
them pause to reflect on the
truth of the gospel of Jesus
Christ.
Three hundred forty-five
people were in attendance,
more than doubling our
attendance last year. The
field was filled with students,
parents, teachers and com
munity leaders praying for
our nation, our schools, our
students and for one another.
It was an amazing night that
will not soon be forgotten.
Students Take Initiative for Bonfire
By Haley Lacuesta
Dragons’ Lair News
It started out with a simple conversation
during English class, then it grew into some
thing much more. Average students have
taken their determination to a new level by
organizing a school bonfire for the Pickens
vs. Gilmer game.
Senior Cici Ramirez and her peers decided
that there should be a football bonfire just a
few weeks ago. “We were disappointed by the
fact that there was no Homecoming Parade
or bonfire,” says Cici, “and we wanted to pro
vide a new tradition for our school as sen
iors.” So the students decided to take it upon
themselves to make the event happen.
“I think our biggest challenge was getting
approval,” senior Eric Justice explains. Calls
had to be made to both the mayor and
Principal McDonald before planning could
begin. With the official location in the gravel
area behind the softball parking lot on
Dragon Drive, Cici’s last duty is to prepare
the actual bonfire. The date for the bonfire is
next Thursday, Oct. 17 from 8 to 9 p.m.
Trick or Treat
So Kids Can Eat!
By Brock Campbell
Dragons’ Lair News
Did you know that the
Drama Club of Pickens High
School has started a non-per
ishable food drive called
“Trick or Treat so Kids can
Eat”? That’s right, anyone
can participate in this food
drive; it’s a great way to come
together and help give back.
All food that we collect will
be donated to our local
CARES group in Jasper, so
take a little time out of your
schedule come together and
help your community.
The boxes for the food
drive are set up in the Choir
room, outside of the lunch
room, and in each class
room.
HOSA Club
Sponsors
Red Cross
Blood Drive
Thursday Oct. 17, from
8-1 in the Old Performing
Arts Center across from
the main office.
Please bring a Photo ID.
Thank you for giving
blood!
THSATRE
PRESENTS
October
17 th § 19 th
PH<£> PftC
Their One-Acl
Competition Ploy
7:00
pm
Adults $8 Students $5
Tickets Sold at the Door
Bring a canned/non-perishable food item
and get $1 off admission!
MUSIC AND NEW LYRICS BY
Conceived and
Originally Directed by
Stephen Schwartz;
John-Michael Tebelak
Originally Produced on the New York Stage by
Edgar Lansbury Stuart Duncan Joseph Beruh
Godspell JR. is presen ted through special
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