The times. (Gainesville, Ga.) 1972-current, April 05, 2023, Image 23
CLASSIFIED ADVERTISING 770-535-1199 www.gainesvilletimes.com The Times, Gainesville, Georgia Midweek Edition-April 5-6,2023 9C CONTINUING ALONG SAID BRANCH TO AN IRON PIN FOUND, THENCE N. 49-17-09 E„ 82.17 FEET TO AN IRON PIN FOUND, THENCE S. 24-34-48 E„ 92.45 FEET TO AN IRON PIN FOUND THENCE N. 79-18-07 E„ 81.02 FEET TO AN IRON PIN FOUND, THENCE S. 29-08-41 E„ 325.82 FEET TO AN IRON PIN FOUND IN POINT OF BEGINNING. 120272 4/5,12, 19,26 (Gilleland) STATE OF GEORGIA COUNTY OF HALL NOTICE OF SALE UNDER POWER By virtue of the power of sale contained in that certain Security Deed from Nancy S. Gilleland to Regions Bank, recorded at Deed Book 5792, Page 69, Hall County, Georgia Records (hereinafter referred to as "Security Deed"), and thereafter modified and assigned, with Fairport Asset Management, LLC being the current holder, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse at Hall County, Georgia, within the legal hours of sale on Tuesday, May 2, 2023, the property described on Exhibit "A" attached hereto and incorporated herein by reference. The debts secured by said Security Deed have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments. The debts remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys'fees. 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, easements, covenants, and matters of record superior to the Security Deed first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice. Please note that Fairport Asset Management, LLC is the entity that has full authority to negotiate, amend, and modify all terms of the mortgage, and that Fairport Asset Management, LLC can be contacted through the following representative: Brendan H. Parnell, Esq. 6000 Lake Forrest Drive, NW Suite 300 Atlanta, Georgia 30328 404-252-1425 bp@quirklaw.com To the best knowledge and belief of the undersigned, the Party in possession of the property is Nancy S. Gilleland and said property is more commonly known as 4224, 4228 & 4204 HUNTER ROAD, CLERMONT, GEORGIA 30527. However, please rely only on the legal description contained in this notice for the location of the property. The undersigned reserves the right to sell the property, or any part thereof, together in its entirety or in one or more parcels as determined by the undersigned in its sole discretion. Fairport Asset Management, LLC c/o Brendan H. Parnell, Esq. Quirk & Quirk, LLC 6000 Lake Forrest Drive, NW, Suite 300 Atlanta, Georgia 30328 (404)252-1425 bp@quirklaw.com EXHIBIT'TV' Legal Description ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE QUILLIANS DISTRICT, HALL COUNTY, GEORGIA, BEING A PART OF WHAT IS KNOWN AS THE JACKSON N. ROGERS FARM, LOCATED ABOUT EIGHT MILES NORTH OF GAINESVILLE ON THE GAINESVILLE- CLEVELAND HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO PLAT BY NAT HANCOCK, ENGINEER, AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, HALL COUNTY, GEORGIA IN PLAT BOOK 6, PAGE 51 AND 52, AND BEING LOT NUMBERS 13,14, AND 15 SHOWN IN SAID PLAT. SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS AND RIGHTS OF WAY OF RECORD, IF ANY. ALSO INCLUDES: ALL THAT TRACT OR PARCEL OF LANDLYING AND BEING IN THE QUILLIANS DISTRICT, HALL COUNTY, GEORGIA, BEING A PART OF WHAT IS KNOWN AS THE JACKSON N. ROGERS FARM, LOCATED ABOUT EIGHT (8) MILES NORTH OF GAINESVILLE ON OR ABOUTTHEGAINESVILLE- CLEVELAND HIGHWAY, AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO PLAT BY NAT HANCOCK, ENGINEER, AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, HALL COUNTY, GEORGIA IN PLAT BOOK 6, PAGE 51-52, AND BEING LOT NO. 20, AS SHOWN IN SAID PLAT, BEING THE SAME LAND IDENTIFIED AS MAP CODE 12023 000009, COMPRISING APPROXIMATELY 45.940 ACRES. 120275 4/5,12,19, 26 (Koesters) NOTICE OF SALE UNDER POWER GEORGIA, Hall COUNTY THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE. Under and by virtue of the Power of Sale contained in that certain Security Deed given by Virginia Grace Koesters, Trustee of the Virginia Koesters Revocable Living Trust u/a/d May 10, 2019 and Virginia Grace Koesters, Individually to Truist Bank, dated 10/14/2021 and filed 11/12/2021, recorded in Deed Book 8986, Page 586-593, Hall County, Georgia Records, conveying the after- described property to secure aTruist Equity Line Account Agreement and Disclosure Statement in the original principal amount of Thirty Thousand Dollars and No Cents ($30,000.00), 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 Hall County, Georgia, within the legal hours of sale on Tuesday May 2, 2023, the following described property: All that tract or parcel of land, lying being in Land Lot 54,10th Land District of Hall County, Georgia, being Lot 47, Big Oak Estates Subdivision, and being more particularly described according to a survey for George J. Koesters and Virginia G Koesters and Decatur Federal Savings and Loans by Owen Patton, registered surveyor, dated July 2, 1987, recorded in Plat Book 122, Page 181, of the Hall County, Georgia Plat Records, reference to said plat and the record thereof is hereby incorporated for a more complete description of the subject property. Said property is conveyed together with and subject to all easements, covenants, and restrictions of record, if any. Subject to restrictions, reservations, easements, covenants, oil, gas or mineral rights of record, if any. Being previously conveyed by Quitclaim Deed from Virginia G. Koesters to Virginia Grace Koesters, as Trustee of the Virginia Koesters Revocable Living Trust, dated 5/10/2019, recorded on 11/25/2019 at document reference 8381/65 in Hall County, Georgia. Parcel id no. 10076000038 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 Truist Equity Line Account Agreement and Disclosure Statement 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 unpaid water or sewage bills that constitute a lien against the property whether due and payable or not due and payable and which may not be of record, any 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 including but not limited to in that certain Security Deed given by Virginia Grace Koesters as Trustee of the Virginia Koesters Revocable Living Trust, to Mortgage Electronic Registration Systems, Inc. as Nominee for Global Equity Finance Inc. dated 8/19/2021 and filed 09/02/2021, recorded in Deed Book 8921, Page 430-449, Hall County, Georgia Records, conveying the above- described property to secure a NOTE in the original principal amount of $150,000.00. To the best knowledge and belief of the undersigned, the party in possession of the property is Virginia Grace Koesters, Trustee of the Virginia Koesters Revocable Living Trust u/a/d May 10, 2019 and Virginia Grace Koesters, Individually or a tenant or tenants and said property is more commonly known as 4828 Red Oak Dr, Gainesville GA 30506- 5375. In compliance with Georgia law, please find below the contact information for the entity who has authority to negotiate, amend, and modify the terms of the loan documents which may include a note, mortgage, security deed or deed to secure debt. Truist Bank Mail code 306-40-06-45 1001 Semmes Avenue Richmond, VA 23224 1(888)519 3479 888-883-4228 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, to any rights of rescission of the party conducting this foreclosure sale pursuant to Georgia law including, but not limited 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. Please note that 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 and final review by the party conducting this foreclosure sale for compliance with contractual and legal obligations pursuant to the terms of the loan documents and State and Federal law, including but not limited to any and all rights of rescission. Truist Bank, as Attorney in Fact for Virginia Grace Koesters, Trustee of the Virginia Koesters Revocable Living Trust u/a/d May 10, 2019 and Virginia Grace Koesters, Individually By:Andrew D. Gleason Attorney for Truist Bank Lefkoff, Rubin, Gleason, Russo & Williams, P.C. 5555 Glenridge Connector Suite 900 Atlanta, Georgia 30342 (404)869-6900 (404)869-6909 (fax) 120023 4/5,12,19,26 (Martinez) NOTICE OF SALE UNDER POWER, HALL COUNTY Pursuant to the Power of Sale contained in a Security Deed given by Francisco Martinez to Mortgage Electronic Registration Systems, Inc., as grantee, as nominee for Oxford Capital, LLC, its successors and assigns dated 10/14/2005 and recorded in Deed Book 5484 Page 382 Hall County, Georgia records; as last transferred to or acquired by HSBC Bank USA, National Association as Trustee for Nomura Asset Acceptance Corporation, Mortgage Pass-Through Certificates, Series 2006- AF1, conveying the after-described property to secure a Note in the original principal amount of $114,950.00, 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 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 May 2, 2023 (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 THE MORGAN DISTRICT, GMD385, HALL COUNTY, GEORGIA; BEING KNOWN AND DESIGNATED AS LOT 40, PHASE 1, OAK BROOK FOREST SUBDIVISION, AS SHOWN ON SUBDIVISION PLAT PREPARED BY ROCHESTER AND ASSOCIATES, INC., GEORGIA REGISTERED LAND SURVEYORS, DATED JUNE 17, 1994, RECORDED AT PLAT SLIDE 365, PAGE 246A, HALL COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY REFERENCE 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 is commonly known as 3639 East Bolding Road, Flowery Branch, GA 30542 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): Francisco Martinez or tenant or tenants. Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage. Wells Fargo Bank, NA Loss Mitigation 3476 Stateview Boulevard Fort Mill, SC 29715 1 -800-678- 7986 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. HSBC Bank USA, National Association as Trustee for Nomura Asset Acceptan ceCorporation, Mortgage Pass-Through Certificates, Series 2006-AF1 as agent and Attorney in Fact for Francisco Martinez Aldridge Pite, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7637. 1000-17933A THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000-17933A 120008 4/5,12,19,26 (Mergard) NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF HALL Under and by virtue of the power of sale contained with that certain Security Deed dated September 22, 2006, from Anthony W. Mergard to Mortgage Electronic Registration Systems, Inc., as nominee for Sunshine Mortgage Corporation, recorded on October 10, 2006 in Deed Book 5837 at Page 375 Hall County, Georgia records, having been last sold, assigned, transferred and conveyed to Nationstar Mortgage LLC by Assignment and said Security Deed having been given to secure a note dated September 22, 2006, in the amount of $193,830.00 said note being modified by Loan Modification agreement and recorded on March 17, 2020 in OR Book 7869 OR Page 164 in the real property records of Hall County, Georgia, and said Note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Hall County, Georgia, on May 2, 2023 the following described real property (hereinafter referred to as the "Property"): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN GMD 1419, HALL COUNTY, GEORGIA, BEING LOT 18, BLOCK A OF AARONS WAY SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 843, PAGES 120-122, HALL COUNTY, GEORGIA RECORDS, WHICH RECORDED PLAT IS INCORPORATED HEREIN BY REFERENCE AND MADE A PART OF THIS DESCRIPTION The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is Anthony W. Mergard. The property, being commonly known as 6418 Aarons Way, Flowery Branch, GA, 30542 in Hall County, will be sold as the property of Anthony W. Mergard, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A. Section 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 mortgage is as follows: Nationstar Mortgage LLC d/b/a Mr. Cooper, 8950 Cypress Waters Blvd, Coppell, TX 75019, 888-480- 2432 . The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for Nationstar Mortgage LLC as Attorney in Fact for Anthony W. Mergard 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (770) 373-4242 By: /s/ Rohan Rupani Rohan Rupani For the Firm THIS FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE.-22- 014542 A-4778706 119983 3/29,4/5,12,19,26 (Moore) NOTICE OF FORECLOSURE SALE UNDER POWER HALL COUNTY, GEORGIA THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FORTHAT PURPOSE. Underand byvirtueofthe Power of Sale contained in a Security Deed given by Scott E. Moore to Bank of America, N.A. dated March 23, 2004 and recorded on March 31, 2004 in Deed Book 4923, Page 87, Hall County, Georgia Records, and later assigned to U.S. Bank Trust National Association as Trustee for LB-lgloo Series IV Trust by Assignment of Security Deed recorded on December 1, 2021 in Deed Book 9000, Page 362, Hall County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Two Hundred Four Thousand And 00/100 Dollars ($204,000.00), 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 Hall County, Georgia, within the legal hours of sale on May 2, 2023 the following described property: All that tract or parcel of land lying and being in Land Lot 114 of the 9th Land District of Hall County, Georgia, and being Lot 9, Block K of the Cove Overlook Subdivision, formerly known as A Quiet Place in the Woods, as shown on a plat recorded in Plat Book 145, Pages 120- 121 of the Hall County, Georgia Plat Records. Said plat and the record thereof is incorporated herein by reference for a more complete and accurate description of the subject of property. Parcel ID: 09113A001133 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 Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given). Your mortgage servicer, Rushmore Loan Management Services, LLC, as servicer for U.S. Bank Trust National Association as Trustee for LB-lgloo Series IV Trust, can be contacted at 888- 504-7200 or by writing to 15480 Laguna Canyon Road, Suite 100, Irvine, CA 92618, to discuss possible alternatives to avoid foreclosure. 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. To the best knowledge and belief of the undersigned, the parties in possession of the property are Scott Edward Moore and Kela A Goldsmith or tenant(s); and said property is more commonly known as 3339 Cove Overlook Drive, Gainesville, GA 30501. 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. U.S. Bank Trust National Association as Trustee for LB-lgloo Series IVTrust as Attorney in Fact for Scott E. Moore McMichael Taylor Gray, LLC 3550 Engineering Drive, Suite 260 Peachtree Corners, GA 30092 404-474-7149 MTG File No.: GA2023- 00063 120119 4/5,12,19, 26 (Rodriguez & Ponce) NOTICE OF SALE UNDER POWER STATE OF GEORGIA, COUNTY OF HALL. This advertisement is an attempt to collect a debt, and any information obtained will be used for that purpose. Under and by virtue of the Power of Sale in Deed contained in the Security Debt in favor of from Maria G. Rodriguez aka Maria Lourdes Rodriguez and Omar Alexandra Ponce to 21st Mortgage Corporation dated June 22, 2020, recorded in Deed Book 8520, Page 733-751; as assigned to Vivian's Mobile Homes, Inc, 7/23/2021 in Deed Book 8916, Page 491; et seq., Hall County, Georgia Deed Records, said Deed to Secure Debt having been given to secure a Promissory Note in the original principal amount of $94,788.75 dated June 22, 2020, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Hall County, Georgia, on the first Tuesday in May, 2023, to wit. May 2, 2023, to the highest and best bidder for cash the property commonly known as 3193 Wallace Road, Gainesville, Ga 30507, and more particularly described as follows, to wit: All that tract or parcel of land lying and being in Tadmore GMD 268, Hall County, Georgia, being all of Lot 6 of the M.H. Suggs and J.E. Adams Subdivision, as shown on plat recorded in Plat Book 38, Pages 266-267, Hall County, Georgia records, which plat is incorporated herein by reference and made a part hereof. Tax Parcel Id# 15-00024- 00-058 The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of nonpayment of principal and interest pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attorney's fees, and the remainder if any shall be applied as provided by law. To the best of the undersigned's knowledge and belief the property is in the possession of Maria G. Rodriguez aka Maria Lourdes Rodriguez and Omar Alexandra Ponce and said property will be sold as the property of Maria G. Rodriguez aka Maria Lourdes Rodriguez and Omar Alexandra Ponce subject to outstanding ad valorem taxes, easements, restrictions and other matters of record superior to the above- referenced security deed, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Security Deed. The individual or entity who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Steve Ash, 788 Highway 441 Bypass, Baldwin, Ga 30511,706-778-1688.