Newspaper Page Text
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CLASSIFIED ADVERTISING 770-535-1199 www.gainesvilletimes.com The Times, Gainesville, Georgia Thursday, November 1,2018
(HERNANDEZ)
STATE OF
GEORGIA
COUNTY OF
HALL
NOTICE OF SALE UNDER
POWER
Because of a default
under the terms of the
Security Deed executed
by David Hernandez
to Mortgage Electronic
Registration Systems,
Inc., as nominee for
FirstCity Mortgage,
Inc., its successors and
assigns dated January 3,
2005, recorded in Deed
Book 5191, Page 440,
Hall County Records,
said Security Deed
having been last sold,
assigned, transferred
and conveyed to
CitiMortgage Inc.,
securing a Note in
the original principal
amount of $107,868.00,
the holder 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 6,
2018, 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 the Tadmore District,
GMD 268, Hall County,
Georgia, being Lot
91, Phase II, Harmony
Woods Subdivision
as shown on a plat
recorded in Plat Book
142, Page 232, of the
Hall County, Georgia
Deed Records, which
plat is incorporated
herein by reference
for a more complete
description of said
property.
Said property is
known as 3326
Thousand Oaks
Drive, Gainesville, GA
30507, 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, zoning
ordinances, restrictions,
covenants, and matters
of record superior to
the Security Deed first
set out above.
The proceeds of said
sale will be applied to
the payment of said
indebtedness and all
expenses of said sale as
provided in said Deed,
and the balance, if any,
will be distributed as
provided by law.
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
secured creditor.
The property is or may
be in the possession
of David Hernandez
and Ana R. Amaya,
successor in interest or
tenant(s).
CitiMortgage, Inc. as
Attorney-in-Fact for
David Hernandez
File no. 18-070602
SHAPIRO PENDERGAST
& HASTY, LLP*
Attorneys and
Counselors at Law
211 Perimeter Center
Parkway, N.E., Suite 300
Atlanta, GA 30346
770-220-2535/MW
shapiroandhasty.com
*THE LAW FIRM IS
ACTING AS A DEBT
COLLECTOR. ANY
INFORMATION
OBTAINED WILL BE
USED FOR THAT
PURPOSE.
75131 10/11, 18, 25,
11/1
(HOANG)
NOTICE OF SALE UNDER
POWER GEORGIA,
HALL COUNTY THIS
IS AN ATTEMPT TO
COLLECT A DEBT.
ANY INFORMATION
OBTAINED WILL BE
USED FOR THAT
PURPOSE. Under and
by virtue of the Power
of Sale contained
in a Security Deed
given by Binh Van
Hoang to Mortgage
Electronic Registration
Systems, Incorporated,
as nominee for
Maxim Capital, Inc.,
its successors and
assigns, dated June
27, 2008, recorded
in Deed Book 6369,
Page 97, Hall County,
Georgia Records, as
last transferred to
Wells Fargo Bank,
N.A. by assignment
recorded in Deed
Book 8005, Page 735,
Hall County, Georgia
Records, conveying
the after-described
property to secure a
Note in the original
principal amount of
ONE HUNDRED FORTY-
FIVE THOUSAND
FIVE HUNDRED AND
0/100 DOLLARS
($145,500.00), with
interest thereon as set
forth therein, there
will be sold at public
outcry to the highest
bidder for cashsale in
the Hall County Board
of Commissioners
meeting room on the
2nd floor of the Hall
County Government
Center located at
2875 Browns Bridge
Road, Gainesville, Hall
County, Georgia, or at
such place as may be
lawfully designated as
an alternative, within
the legal hours of sale
on the first Tuesday in
November, 2018, 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 provided 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 the 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 disclosed
by an accurate survey
and inspection of
the property, any
assessments, liens,
encumbrances, zoning
ordinances, restrictions,
covenants, and matters
of record superior to
the Security Deed first
set out above. Wells
Fargo Bank, N.A. is the
holder of the Security
Deed to the property
in accordance with
OCGA § 44-14-162.2.
The entity that has full
authority to negotiate,
amend, and modify all
terms of the mortgage
with the debtor is: Wells
Fargo Home Mortgage
a div. of Wells Fargo
Bank, N.A., PO Box
10335, Des Moines,
IA 50306, 1-800-416-
1472. To the best
knowledge and belief
of the undersigned,
the party in possession
of the property is
Binh Van Hoang or a
tenant or tenants and
said property is more
commonly known
as 4748 Melbourne
Trail, Flowery Branch,
Georgia 30542. 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. Wells Fargo Bank,
N.A. as Attorney in Fact
for Binh Van Hoang
McCalla Raymer Leibert
Pierce, LLC 1544 Old
Alabama Road Roswell,
Georgia 30076 www.
foreclosurehotline.
net EXHIBIT "A" All
that tract or parcel of
land lying and being
in G.M.D. No. 1270,
Hall County Georgia,
and being Lot 32,
Phase I, Hunters Point
Subdivision, as per plat
recorded in Plat Slide
731, Pages 142A-145A,
Hall County, Georgia
Records which plat is
incorporates herein
and made a part hereof
by reference. MR/cjo
11/6/18 Our file no.
5257818-FT5
74896 10/11, 18, 25,
11/1
(KUSH/
WESTMORELAND)
STATE OF GEORGIA
COUNTY OF Hall
NOTICE OF SALE UNDER
POWER
Pursuant to the power
of sale contained in
the Security Deed
executed by MELISSA
J WESTMORELAND to
BANK OF AMERICA, N.A.
in the original principal
amount of $122,400.00
dated July 26, 2007
and recorded in Deed
Book 6121, Page 604,
Hall County records,
said Security Deed
being last transferred
to Wilmington Savings
Fund Society, FSB,
d/b/a Christiana Trust,
not individually but
as trustee for Hilldale
Trust in Deed Book
7994, Page 140, Hall
County records, the
undersigned will sell
at public outcry to the
highest bidder for cash,
before the Courthouse
door in said County, or
at such other place as
lawfully designated,
within the legal hours
of sale, on November
06, 2018, the property
in said Security Deed
and described as
follows:
ALL THAT TRACT OR
PARCEL OF LAND LYING
AND BEING IN LAND
LOT 12 OF THE 12TH
DISTRICT OF HALL
COUNTY, GEORGIA,
BEING 3.082 ACRES,
MORE PARTICULARLY
DESCRIBED ON A PLAT
OF SURVEY ENTITLED
"PROPERTY OF JOYCE
ANN WESTMORELAND"
AS RECORDED IN
PLAT BOOK 127 PAGE
241, HALL COUNTY,
GEORGIA, WHICH PLAT
IS INCORPORATED
HEREIN BY REFERENCE
FOR A MORE
COMPLETE METES AND
BOUNDS DESCRIPTION
OF SUBJECT PROPERTY.
Said property being
known as: 7092 HOMER
WHITE RD, CLERMONT,
GA 30527
To the best of the
undersigned's
knowledge, the party
or parties in possession
of said property
is/are MELISSA J
WESTMORELAND or
tenant(s).
The debt secured by
said Security Deed
has been and is
hereby declared due
and payable because
of, among other
possible events of
default, failure to pay
the indebtedness as
provided for in the Note
and said Security Deed.
The debt remaining in
default, this sale will be
made for the purpose
of paying the same and
all expenses of sale,
including attorney's
fees (notice of intent to
collect attorney's fees
having been given).
Said property will be
sold subject to the
following: (1) any
outstanding ad valorem
taxes (including taxes
which are a lien,
whether or not yet due
and payable); (2) the
right of redemption of
any taxing authority;
(3) any matters which
might be disclosed
by an accurate survey
and inspection of the
property; and (4) any
assessments, liens,
encumbrances, zoning
ordinances, restrictions,
covenants, and matters
of record superior to
the Security Deed first
set out above.
Said sale will be
conducted subject
to the following: (1)
confirmation that the
sale is not prohibited
under the U.S.
Bankruptcy Code; and
(2) final confirmation
and audit of the status
of the loan with the
holder of the Security
Deed.
The name, address, and
telephone number of
the individual or entity
who has full authority
to negotiate, amend,
and modify all terms
of the mortgage is as
follows:
Fay Servicing, LLC 939
W. North Avenue
Chicago, IL, 60642
1-800-495-7166
Note that pursuant to
O.C.G.A. § 44-14-162.2,
the above individual or
entity is not required
by law to negotiate,
amend, or modify the
terms of the mortgage.
THIS LAW FIRM
IS ACTING AS A
DEBT COLLECTOR
ATTEMPTING TO
COLLECT A DEBT.
ANY INFORMATION
OBTAINED MAY BE
USED FOR THAT
PURPOSE.
WILMINGTON SAVINGS
FUND SOCIETY, FSB,
D/B/A CHRISTIANA
TRUST, NOT
INDIVIDUALLY BUT AS
TRUSTEE FOR HILLDALE
TRUST, as Attorney-
in-Fact for MELISSA J
WESTMORELAND
RAS Crane LLC 10700
Abbott's Bridge Road
Suite 170 Duluth,
GA 30097 Phone:
470.321.7112
Firm File No. 17-105995
- AnM
75458 10/11, 18, 25,
11/1
(LEE)
Notice of Sale Under
Power. State of
Georgia, County of
HALL. Under and by
virtue of the Power
of Sale contained in a
Deed to Secure Debt
given by RICHARD
E. LEE AND TAMMY
LEE to MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS INC.,
("MERS"), AS NOMINEE
FOR MORTGAGE
LENDERS OF AMERICA,
ITS SUCCESSORS
AND ASSIGNS
dated 10/30/2007,
and Recorded on
11/07/2007 as Book
No. 6205 and Page No.
27 38, ; AS AFFECTED
BY BOOK 7498, PAGE
269 277, HALL County,
Georgia records,
as last assigned to
BANK OF AMERICA,
N.A., SUCCESSOR BY
MERGER TO BAC HOME
LOANS SERVICING, LP,
FKA COUNTRYWIDE
HOME LOANS
SERVICING LP (the
Secured Creditor), by
assignment, conveying
the after described
property to secure a
Note of even date in
the original principal
amount of $149,816.00,
with interest at the
rate specified therein,
there will be sold by the
undersigned at public
outcry to the highest
bidder for cash at the
HALL COUNTY BOARD
OF COMMISSIONERS
MEETING ROOM ON
THE 2ND FLOOR OF
THE HALL COUNTY
GOVERNMENT CENTER
LOCATED AT 2875
BROWNS BRIDGE ROAD
within the legal hours
of sale on the first
Tuesday in November,
2018, the following
described property:
ALL THAT TRACT OR
PARCEL OF LAND
LYING AND BEING IN
MORGAN G.M.D.
385, HALL COUNTY,
GEORGIA BEING
LOT 72, PARKSTONE
SUBDIVISION, AS
SHOWN ON PLAT
RECORDED IN PLAT
SLIDE 548, PAGE 64A
66A, WHICH PLAT
IS INCORPORATED
HEREIN AND MADE
A PART HEREOF BY
REFERENCE.
ALSO CONVEYED
HEREIN IS AN
UNDIVIDED
1/100TH (ONE ONE
HUNDREDTH) INTEREST
TO THE "OPEN SPACE"
AREA LOCATED BEHIND
SAID PHASE ONE
(1) LOFTS. 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. Because
the debt remains 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,
including attorney's
fees (notice of intent to
collect attorney's fees
having been given).
BANK OF AMERICA,
N.A., SUCCESSOR BY
MERGER TO BAC HOME
LOANS SERVICING, LP,
FKA COUNTRYWIDE
HOME LOANS
SERVICING LP holds
the duly endorsed
Note and is the
current assignee of the
Security Deed to the
property. PENNYMAC
LOAN SERVICES, LLC,
acting on behalf of
and, as necessary, in
consultation with BANK
OF AMERICA, N.A.,
SUCCESSOR BY MERGER
TO BAC HOME LOANS
SERVICING, LP, FKA
COUNTRYWIDE HOME
LOANS SERVICING LP
(the current investor on
the loan), is the entity
with the full authority
to negotiate, amend,
and modify all terms
of the loan. Pursuant
to O.C.G.A. § 44 14
162.2, PENNYMAC
LOAN SERVICES, LLC
may be contacted
at: PENNYMAC LOAN
SERVICES, LLC, 3043
TOWNSGATE ROAD,
SUITE 200, WESTLAKE
VILLAGE, CA 91361,
866 549 3583. Please
note that, pursuant to
O.C.G.A. § 44 14 162.2,
the secured creditor
is not required to
amend or modify the
terms of the loan. To
the best knowledge
and belief of the
undersigned, the party/
parties in possession
of the subject property
known as 4056
BOULDER PLACE,
FLOWERY BRANCH,
GEORGIA 30542 is/are:
RICHARD E. LEE AND
TAMMY LEE or tenant/
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
prohibited under
the U.S. Bankruptcy
Code; and (2) 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 foreclosure
documents may not
be provided until final
confirmation and audit
of the status of the
loan as provided in the
preceding paragraph.
BANK OF AMERICA,
N.A., SUCCESSOR
BY MERGER TO
BAC HOME LOANS
SERVICING, LP, FKA
COUNTRYWIDE HOME
LOANS SERVICING LP
as Attorney in Fact for
RICHARD E. LEE AND
TAMMY LEE. THIS LAW
FIRM IS ACTING AS
A DEBT COLLECTOR
ATTEMPTING TO
COLLECT A DEBT.
ANY INFORMATION
OBTAINED WILL
BE USED FOR
THAT PURPOSE.
00000005889506
BARRETT DAFFIN
FRAPPIER TURNER &
ENGEL, LLP 4004 Belt
Line Road, Suite 100
Addison, Texas 75001
Telephone: (972) 341
5398.
75280 10/11, 18, 25,
11/1
(LEWIS)
NOTICE OF SALE UNDER
POWER, HALL COUNTY
Pursuant to the Power
of Sale contained in a
Security Deed given
by Robert M. Lewis to
Mortgage Electronic
Registration Systems,
Inc. as nominee for
Pine State Mortgage
Corporation dated
9/30/2005 and
recorded in Deed
Book 5499 Page
204 Hall County,
Georgia records; as
last transferred to
or acquired by U.S.
Bank NA, as successor
trustee, in trust for
registered holders of
Bear Stearns Asset
Backed Securities Trust
2006-1, Asset-Backed
Certificates, Series
2006-1, conveying
the after-described
property to secure a
Note in the original
principal amount of $
89850.00, with interest
at the rate specified
therein, there will be
sold bytheundersigned
at public outcry to the
highest bidder for cash
before the Courthouse
door of Hall County,
Georgia (or such other
area as designated by
Order of the Superior
Court of said county),
within the legal hours
of sale on November
6, 2018 (being the first
Tuesday of said month
unless said date falls
on a Federal Holiday, in
which case being the
first Wednesday of said
month), the following
described property:
ALL THAT TRACT OR
PARCEL OF LAND LYING
AND BEING IN LAND
LOT 23 OF THE 8TH
DISTRICT, OF THE CITY
OF GAINESVILLE, HALL
COUNTY, GEORGIA
AND BEING LOT 8,
PHASE II OF WILLOW
RIDGE SUBDIVISION AS
PER PLAT PREPARED BY
MORELAND ALTOBILLI
ASSOCIATES, INC.,
DATED NOVEMBER
14, 1995, RECORDED
IN PLAT SLIDE 488,
PAGE 211 A, HALL
COUNTY, GEORGIA
RECORDS. SAID PLAT
BEING INCORPORATED
HEREIN AND MADE
A PART HEREOF BY
REFERENCE.
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
provided 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 the Security Deed
and by law, including
attorney's fees (notice
of intent to collect
attorney's fees having
been given).
Said property is
commonly known as
3226 Willow Ridge
Circle SW, Gainesville,
GA 30504 together
with all fixtures and
personal property
attached to and
constituting a part
of said property,
if any. To the best
knowledge and belief
of the undersigned,
the party (or parties)
in possession of the
subject property is
(are): Robert M. Lewis
or tenant or tenants.
Select Portfolio
Servicing, Inc. is the
entity or individual
designated who shall
have full authority to
negotiate, amend and
modify all terms of the
mortgage.
Select Portfolio
Servicing, Inc.
Loan Resolution
Department
3217 South Decker
Lake Drive
Salt Lake City, UT 84119
(888) 349-8955
Note, however, that
such entity or individual
is not required by law
to negotiate, amend or
modify the terms of the
loan.
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) unpaid water or
sewage bills that
constitute a lien against
the property whether
due and payable or not
yet due and payable
and which may not
be of record, (c) the
right of redemption of
any taxing authority,
(d) any matters which
might be disclosed
by an accurate survey
and inspection of the
property, and (e) any
assessments, liens,
encumbrances, zoning
ordinances, restrictions,
covenants, and matters
of record superior to
the Security Deed first
set out above.
The sale will be
conducted subject
to (1) confirmation
that the sale is not
prohibited under
the U.S. Bankruptcy
Code; and (2) 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 non-judicial sales
in the State of Georgia,
the Deed Under Power
and other foreclosure
documents may not
be provided until final
confirmation and
audit of the status of
the loan as provided
immediately above.
U.S. Bank NA, as
successor trustee, in
trust for registered
holders of Bear Stearns
Asset Backed Securities
Trust 2006-1, Asset-
Backed Certificates,
Series 2006-1 as agent
and Attorney in Fact for
Robert M. Lewis
Aldridge Pite, LLP, 15
Piedmont Center, 3575
Piedmont Road, N.E.,
Suite 500, Atlanta,
Georgia 30305, (404)
994-7637.
1012-9709A
THIS LAW FIRM MAY
BE ACTING AS A
DEBT COLLECTOR
ATTEMPTING TO
COLLECT A DEBT.
ANY INFORMATION
OBTAINED WILL BE
USED FOR THAT
PURPOSE. 1012-9709A
75457 10/11, 18, 25,
11/1
(LOKAY)
NOTICE OF SALE UNDER
POWER
STATE OF GEORGIA,
COUNTY OF HALL
THIS IS AN ATTEMPT
TO COLLECT A DEBT,
ANY INFORMATION
OBTAINED WILL BE
USED FOR THAT
PURPOSE.
By virtue of a Power
of Sale contained inthat
certain Security Deed
from Jennifer N. Lokay
and James D, Lokay,
Jr. to United States of
America acting through
the Rural Housing
Service or successor
agency, United
States Department of
Agriculture, dated June
12, 2009 and recorded
on June 26, 2009 in
DEED Book 6565, Page
662, in the Office of the
Clerk of Superior Court
of Hall County, Georgia,
said Security Deed
having been given to
secure a Note of even
date, in the original
principal amount of
One Hundred Fifty
Thousand and 00/100
dollars ($150,000.00)
with interest thereon
as provided therein,
will be sold at public
outcry to the highest
bidder for cash before
the courthouse door of
Hall County, Georgia,
or at such place as has
or may be lawfully
designated as an
alternative location,
within the legal hours of
sale on the firstTuesday
of November, 2018,
all property described
in said Security Deed
including but not
limited to the following
described property:
All that tract or parcel
of land lying and
being in GMD 1385 of
Hall County, Georgia,
Being Lot 34, River
Elan Subdivision, as
per plat recorded in
Plat Slide 786, Pages
171A-173, Hall County
Records, said plat being
incorporated herein by
reference thereto.
Said property may more
commonly be known
as 4086 River Elan
Drive, Gainesville, GA
30507.
The debt secured
by said Security
Deed has been and
is hereby declared
due because of,
among other possible
events of default,
non-payment of the
monthly installments
on said loan. The debt
remaining in default,
this sale will be made
for the purpose of
paying the same and
all expenses of this sale,
including attorney's
fees (notice of intent to
collect attorney's fees
having been given).
The individual or
entity that has full
authority to negotiate,
amend and modify
all terms of the loan
is United States of
America acting through
Rural Development
or successor agency,
United States
Department of
Agriculture, USDA
RURAL DEVELOPMENT,
RURAL HOUSING
SERVICE, 1400
INDEPENDENCE AVE.,
SW, RM 5014, STOP
0701, WASHINGTON,
DC 20250-0701; (800)
414-1226.
Said property will
be sold on an "as-
is" basis without
any representation,
warranty or recourse
against the above-
named or the
undersigned. The sale
will also be subject
to the following
items which may
affect the title: a)
zoning ordinances; b)
matters which would
be disclosed by an
accurate survey or
by an inspection of
the property; c) any
