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February 4, 2009
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09-070
STATE OF GEORGIA
COUNTY OF MONROE
NOTICE OF SALE
UNDER POWER
Because of a default in the pay
ment of the indebtedness secured
by a Security Deed executed by
Kenneth Wayne Crook and Nancy
Waller to Mortgage Electronic Reg
istration Systems, Inc. dated June
21, 2006, and recorded in Deed
Book 1142, Page 38, Monroe
County Records, said Security
Deed having been last sold, as
signed, transferred and conveyed
to EverBank, by Assignment secur
ing a Note in the original principal
amount of $75,617.00, the holder
thereof pursuant to said Deed and
Note thereby secured has declared
the entire amount of said indebted
ness due and payable and, pur
suant to the power of sale con
tained in said Deed, will on the first
Tuesday, March 3, 2009, 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 descri
bed in said Deed, to-wit:
That tract or parcel of land lying
and being in Land Lot 2 of the 6th
Land District, Monroe County,
Georgia, being designated as Tract
"B-3", containing 1.000 acre, more
or less, as shown on a plat of sur
vey prepared for Kenneth Wayne
Crook and Nancy Waller recorded
in Plat Book 28, Page 144, Monroe
County records; said plat being in
corporated herein by reference for
a more complete description of the
property.
Subject to a 50' building set-back
as shown on the above-referenced
plat of survey.
This being a portion of the prop
erty conveyed by Quit Claim Deed
dated July 15, 2002 from James B.
Crook to Kenneth Wayne Crook,
recorded in Deed Book 799, Page
283, Monroe County records. To
gether with an improvement and
immovable fixture permanently at
tached thereto, a 2006 Horton Mi
rage manufactured home, Serial
Number H401376 GL&R.
Said property is known as 1785
JOHNSTONVILLE RD, FORSYTH,
GA 31029, together with all fixtures
and personal property attached to
and constituting a part of said prop
erty, if any.
Said property will be sold subject
to any outstanding ad valorem tax
es (including taxes which are a lien,
whether or not now due and paya
ble), the right of redemption of any
taxing authority, any matters which
might be disclosed by an accurate
survey and inspection of the prop
erty, any assessments, liens, en
cumbrances, zoning ordinances,
restrictions, covenants, and matters
of record superior to the Security
Deed first set out above.
The sale will be conducted sub
ject (1) to confirmation that the sale
is not prohibited under the U.S.
Bankruptcy Code and (2) to final
confirmation and audit of the status
of the loan with the holder of the
security deed.
Notice has been given of inten
tion to collect attorney's fees in ac
cordance with the terms of the Note
secured by said Deed.
Said property will be sold as the
property of Kenneth Wayne Crook
and Nancy Waller, the property, to
the best information, knowledge
and belief of the undersigned, be
ing presently in the possession of
Nancy Waller; Kenneth Wayne
Crook, and the proceeds of said
sale will be applied to the payment
of said indebtedness and all the ex
penses of said sale, including attor
ney's fees, all as provided in said
Deed, and the balance, if any, will
be distributed as provided by law.
EverBank as Attorney-in-Fact for
Kenneth Wayne Crook and Nancy
Waller
File no. 07-6913
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite
100
Atlanta, GA 30341
(770) 220-2730/SJ
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR. ANY INFOR
MATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
[FC-NOS]
09-072
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
Because of default in the pay
ment of the indebtedness, secured
by a Security Deed executed by
Donald G Adams to National City
Mortgage a division of National City
Bank dated July 23, 2007 in the
amount of $556,589.00, and re
corded in Deed Book 1187, Page
245, Monroe County, Georgia Re
cords; as last transferred to Nation
al City Mortgage a division of Na
tional City Bank by assignment; the
undersigned, National City Mort
gage a division of National City
Bank pursuant to said deed and the
note thereby secured, has declared
the entire amount of said indebted
ness due and payable and pur
suant to the power of sale con
tained in said deed, will on the first
Tuesday in March, 2009 , during
the legal hours of sale, at the
Courthouse door in Monroe Coun
ty, sell at public outcry to the high
est bidder for cash, the property de
scribed in said deed to-wit:
All that tract or parcel of land ly
ing and being in Land Lots 200 and
219 of the 4th Land District of Mon
roe County, Georgia and being
more particularly known and desig
nated as Lot 1-15 containing 1.10
Acres of River Forest Subdivision,
Section II, Phase "The Bridges at
River Forest", according to a survey
Dated July 28, 2004, last revised
April 27, 2006, and prepared by
Steven A. Coleman, Georgia Reg
istered Land Surveyor No. 2690, a
copy of which appears of record in
Plat Book 28, Pages 155-158,
Clerk's Office of Monroe Superior
Court to which reference is made
for a more complete and accurate
description.
which has the property address
of 122 Tee Dr, Forsyth, 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, protec
tive covenants or restrictions, liens,
and other superior matters of re
cord which may affect said proper
ty-
The sale will be conducted sub
ject (1) to confirmation that the sale
is not prohibited under the U.S.
Bankruptcy Code and (2) to final
confirmation and audit of the status
of the loan with the holder of the
security deed.
Notice has been given of inten
tion to collect attorneys' fees in ac
cordance with the terms of the note
secured by said deed.
Said property will be sold as the
property of Donald G Adams and
the proceeds of said sale will be
applied to the payment of said in
debtedness, 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 aforementioned Security
Deed.
National City Mortgage a division of
National City Bank
Attorney in Fact for
Donald G Adams
Anthony DeMarlo, Attorney/cander-
son
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-00101 /CONV
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS AT
TEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR
THAT PURPOSE.
09-074
NOTICE OF SALE
UNDER POWER CONTAINED IN
DEED TO SECURE DEBT
STATE OF GEORGIA,
COUNTY OF MONROE.
By virtue of the power and au
thority contained in that certain Se
curity Deed and under the power
of sale contained therein, executed
by M J & H, INC. DBA J & H CON
STRUCTION to MONROE COUN
TY BANK, on the 16TH day of
MARCH, 2007, which said Security
Deed is duly recorded in the Office
of the Clerk of the Superior Court of
Monroe County, Georgia, at Deed
Book 1200, Page 26, said Securi
ty Deed having been given to se
cure debt in the original principal
amount of One Hundred Forty-Five
Thousand Nine-Hundred and Eight
Two Dollars and 00/100
($145,982.00) together with interest
thereon until paid, the said MON
ROE COUNTY BANK, as Attorney-
in-Fact for M J & H, INC. DBA J &
H CONSTRUCTION will sell at
public outcry to the highest bidder
for cash before the Courthouse
door in Monroe County, Georgia,
within the legal hours of sale, to-wit:
10:00 a.m. - 4:00 p.m. on the 1st
Tuesday in MARCH, to-wit:
MARCH 3, 2009, the following de
scribed property:
All that tract or parcel of land ly
ing and being in Land Lot 241 of
the 6th Land District of Monroe
County, Georgia, containing 1.27
ACRES, and being known and des
ignated as LOT 107 of STONE-
FIELD according to that certain plat
of survey entitled “SUBDIVISION
PLAT OF STONEFIELD”, prepared
by James R. McDougald, Surveyor,
dated October 25, 2005, and re
corded in Plat Book 28, Page 38,
Clerk's Office, Monroe Superior
Court, which plat is by this refer
ence incorporated herein and made
a part of this description.
This property herein described
being a portion of the property con
veyed by C, C, S & G Properties,
Inc. to M J & H, Inc., a Georgia
Corporation, d/b/a J & H Construc
tion Co. by Warranty Deed dated
April 5, 2005, and recorded in Deed
Book 1036, Page 193, aforesaid re
cords.
The Real Property or its address
is commonly known as LOT 107,
Stonefield Subdivision, Forsyth,
Georgia 31029.
The indebtedness secured by
said Deed to Secure Debt having
become in default, said real estate
will be sold as the property of M J &
H INC. DBA J & H CONSTRUC
TION, and the proceeds from said
sale will be applied to the payment
of the principal and interest of said
indebtedness and the costs of
these proceedings, including attor
ney fees, and the balance, if any,
will be paid over to the party or par
ties entitled thereto.
Said property will be sold subject
to any outstanding ad valorem tax
es (including taxes which are a lien,
but not yet due and payable), any
matters which might be disclosed
by an accurate survey and inspec
tion of the property, any assess
ments, liens, encumbrances, zon
ing ordinances, restrictions, cove
nants and matters of record superi
or to the Security Deed first set out
above.
This day of JANUARY, 2009.
MONROE COUNTY BANK
as Attorney-in-Fact for
M J & H INC. DBA J & H CON
STRUCTION
BY: AMY SMITH BOYER,
Attorney for MONROE COUNTY
BANK
VAUGHN, WRIGHT & BOYER LLP
AMY SMITH BOYER, Attorney-at-
Law
Vaughn, Wright & Boyer LLP
P. O. Box 736, 236 Vaughn Road
Forsyth, Georgia 31029
(478) 994-3830
09-075
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
Because of default in the pay
ment of the indebtedness, secured
by a Security Deed executed by
Rodney D. Edwards to National
City Mortgage a division of National
City Bank dated March 1, 2007 in
the amount of $500,000.00, and re
corded in Deed Book 1198, Page
295, Monroe County, Georgia Re
cords; as last transferred to Nation
al City Mortgage a division of Na
tional City Bank by assignment; the
undersigned, National City Mort
gage a division of National City
Bank pursuant to said deed and the
note thereby secured, has declared
the entire amount of said indebted
ness due and payable and pur
suant to the power of sale con
tained in said deed, will on the first
Tuesday in March, 2009 , during
the legal hours of sale, at the
Courthouse door in Monroe Coun
ty, sell at public outcry to the high
est bidder for cash, the property de
scribed in said deed to-wit:
All that tract or parcel of land ly
ing and being in Land Lot 230 of
the 4th District, and Land Lot 96 of
the 6th District, Monroe County,
Georgia, being Lot G7, of River
Forest, The Vistas at River Forest,
Phase 6, as per plat recorded in
Plat Book 26, Page 182, Monroe
County Records, which plat is in
corporated herein by this reference
and made a part of this description.
which has the property address
of 117 Freedom Dr, Forsyth, Geor
gia., 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, protec
tive covenants or restrictions, liens,
and other superior matters of re
cord which may affect said proper
ty-
The sale will be conducted sub
ject (1) to confirmation that the sale
is not prohibited under the U.S.
Bankruptcy Code and (2) to final
confirmation and audit of the status
of the loan with the holder of the
security deed.
Notice has been given of inten
tion to collect attorneys' fees in ac
cordance with the terms of the note
secured by said deed.
Said property will be sold as the
property of Rodney D. Edwards
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 aforementioned Security
Deed.
National City Mortgage a division of
National City Bank
Attorney in Fact for
Rodney D. Edwards
Anthony DeMarlo, Attorney/cander-
son
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-27560 /CONV
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR AND IS AT
TEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR
THAT PURPOSE.
09-086
NOTICE OF FORECLOSURE
GEORGIA, MONROE COUNTY
Will be sold Tuesday, March 3,
2009, before the Courthouse door
in Monroe County, Georgia, during
the legal hours of sale, to the high
est bidder for cash, the following
described property, to-wit:
ALL THAT TRACT OR PARCEL
OF LAND, TOGETHER WITH ALL
IMPROVEMENTS THEREON, SIT
UATE, LYING AND BEING IN
LAND LOT 139 OF THE 4TH
LAND DISTRICT, 632ND (PROC
TOR) GEORGIA MILITIA DIS
TRICT, MONROE CO., GA BEING
IDENTIFIED AS LOT 2, CONTAIN
ING 1.00 ACRE, AS PER PLAT OF
SURVEY ENTITLED “A SUBDIVI
SION SURVEY OF WEE-
TERWOODS”, SAME DATED
SEPTEMBER 19, 1994, AS COM
PILED BY MERCER LAND SUR
VEYING, INC., HUGH W. MER
CER, JR., GA R.L.S., NO. 1890,
WITH SAID PLAT OF SURVEY
BEING RECORDED IN PLAT
BOOK 19, PAGE 297, IN THE OF
FICE OF THE CLERK OF MON
ROE COUNTY SUPERIOR
COURT. SAID PLAT OF SURVEY
TOGETHER WITH THE DESCRIP
TIVE DATA CONTAINED THERE
ON BEING INCORPORATED
HEREIN IN AID OF DESCRIP
TION.
ALSO, BEING CONVEYED
HEREIN IS A 1995 HORTON
ECHO MOBILE HOME SERIAL
NO. H68128GLR, WHICH IS PER
MANENTLY ATTACHED THERE
TO.
Sale will be made under power
of sale contained in Deed-With
Power of Sale to Secure Debt from
Joel Cooper to Bowcock & Bow-
cock Properties, LLC dated Octo
ber 2, 2006, and recorded in Deed
Book 1168, Pages 70-74, Clerk's
Office, Monroe Superior Court.
Said Deed-With Power of Sale to
Secure Debt secures a certain Note
from Joel Cooper to Bowcock &
Bowcock Properties, L.L.C. dated
October 2, 2006. Default having oc
curred under the terms and condi
tions of said Note, the power of
sale in said Deed-With Power of
Sale to Secure Debt has become
operative. The proceeds of said
sale will be applied as provided in
said Deed-With Power of Sale to
Secure Debt. The best of the un
dersigned's knowledge and belief,
the party in possession and owner
of the above-described property is
Joel Cooper. Said will be made
subject to that certain Security
Deed from Realistic Properties,
LLC to the Farmers Bank dated
March 31, 2006, and recorded in
Deed Book 1127, Pages 96-99,
Clerk's Office, Monroe Superior
Court, and subject to unpaid ad val
orem taxes, if any, and any ease
ments, rights of way or restrictive
covenants of record.
This 30th day of January, 2009.
BOWCOCK & BOWCOCK
PROPERTIES, L.L.C.
/s/John O. Bowcock, Jr.
John O. Bowcock, Jr.
ROBERT L. HARRIS
HAYGOOD, LYNCH, HARRIS,
MELTON & WATSON & EL-JOUR-
BAGY, LLP
87 North Lee Street
PO Box 657
Forsyth, Georgia 31029
(478)994-5171
09-079
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF MONROE
By virtue of the power of sale con
tained in a Security Deed from Cur
tis Jones, to Lendmark Financial
Services, Inc., dated October 26,
2007, and recorded in Deed Book
1253, Page 137, Monroe County,
Georgia records, there will be sold
at public outcry for cash to the high
est bidder before the courthouse
doors of said county during the le
gal hours of sale on the first Tues
day in March, 2009 by Lendmark
Financial Services, Inc., as Attor-
ney-in-Fact for Curtis Jones, the
following described property, to-wit:
All that tract or parcel of land lying
and being in Land Lot 84 of the
11th Land District of Monroe Coun
ty, Georgia and being at the inter
section of Old U.S. 341 and Old
School House Road. Said tract of
land is in the shape of a triangle
and is bounded on the Northwest
by Old School Road, on the East by
James J. Pierson, Jr., and on the
Southwest by right-of-way of Old
U.S. Highway No. 341. Said tract
of land contains 1/2 acre of land,
more or less.
Being the same property con
veyed to Curtis Jones by deed dat
ed July 21, 2005 of record in Deed
Book 1065, Pages 96-97, Clerk's
Office, Monroe Superior Court.
There are improvements located
thereon known at 16 Old School
House Road, Culloden, Georgia
under the present system of num
bering.
The indebtedness secured by
said Security Deed having been de
clared due and payable because of
default in the payment of the in
debtedness secured thereby, this
sale will be made for the purpose of
paying the same and all expenses
of the sale, including attorney's
fees, notice of intention to collect
attorney's fees having been given
as provided by law. Debbie Terrell,
is the name of the individual at
Lendmark Financial Services, Inc.
who has full authority to negotiate,
amend, and modify all terms of the
mortgage with the debtor, and her
address and phone number are:
Lendmark Financial Services, Inc.,
4634 Presidential Hwy., Suite R,
Macon, Georgia 31206, Phone #:
478-475-7899.
The property will be sold as the
property of Curtis Jones, subject to
the following: (1) all prior restrictive
covenants, easements, right-of-
ways, or encumbrances; (2) all val
id zoning ordinances; (3) matters
which would be disclosed by an ac
curate survey of the property; (4) all
outstanding taxes, assessments,
unpaid bills, charges and expenses
that constitute liens against the
property, whether due and payable
or not yet due and payable, and
matters of record superior to the
Security Deed first set out above.
To the best of the undersigned's
knowledge and belief, the party in
possession is Curtis Jones, a ten
ant or tenants, or parties claiming
under the aforementioned and said
property is more commonly known
as 16 Old School House Road,
Culloden, GA31016.
Lendmark Financial Services, Inc.
as Attorney in Fact for
Curtis Jones
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
Suite 181 - The Oglethorpe Bldg.
2971 Flowers Road South
Atlanta, Georgia 30341
(770) 455-3660
THE LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
09-080
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA,
COUNTY OF MONROE.
By virtue of a power of sale con
tained in a security deed given by
TYLER AND TYLER CONSTRUC
TION, LLC to THE FIRST NATION
AL BANK OF BARNESVILLE, dat
ed January 29, 2008, recorded in
Deed Book 1270 Page 353, Mon
roe County, Georgia Deed Re
cords, conveying the after descri
bed property to secure a Promisso
ry Note in the original principal
amount of ONE HUNDRED
EIGHTY-SIX THOUSAND TWO
HUNDRED FIFTY-THREE AND
00/I00 ($186,253.00) DOLLARS
and any renewals, fees, exten
sions, or additional advances, with
interest thereon as set forth therein
plus all additional indebtedness and
future indebtedness, there will be
sold at public outcry to the highest
bidder for cash before the court
house door of Monroe County, GA,
within the legal hours of sale on the
first Tuesday in March, 2009, the
following described property:
All that tract or parcel of land ly
ing and being within the corporate
limits of the City of Forsyth in the
Sixth Land District of Monroe Coun
ty, Georgia, containing 0.82 acres,
according to that certain plat of sur
vey entitled “Survey for May W.
Melton”, prepared by Jesse Collins,
Jr., Surveyor, dated December 3,
1985, and recorded in Plat Book
12, Page 140, Clerk's Office, Mon
roe Superior Court, which plat is, by
this reference, incorporated herein
and made a part of this description.
Also, all that tract or parcel of
land lying and being within the cor
porate limits of the City of Forsyth
in the Sixth Land District of Monroe
County, Georgia, containing a frac
tion of an acre, and being more
particularly described according to
the above-referenced plat of sur
vey, as follows: To find the Point of
Beginning of the fraction of an acre
herein described, start at the iron
pin found at the northwest corner of
the 0.82 acres parcel referenced
hereinabove; run thence North 89°
25' 47” East, a distance of 231.33
feet to an iron pin set and the Point
of Beginning of the fraction of an
acre herein described; from said
iron pin set, run in a northeasterly
direction to the southwest corner of
property of the Forsyth City Ceme
tery represented by the intersection
of the wire fence as shown on the
above-referenced plat of survey;
run thence easterly along said wire
fence to its most northeasterly cor
ner; run thence in a southerly direc
tion along said wire fence, a dis
tance of 112.10 feet to a point; run
thence South 89° 53' 15” West, a
distance of 20 feet to an iron pin
found, same being located at the
southeasterly corner of said 0.82
acres parcel referenced hereina
bove; run thence North 1° 58' 05”
East, in a northerly direction along
the most easterly boundary of said
O. 82 acres parcel referenced herei
nabove, a distance of 92.10 feet to
an iron pin set at the northeasterly
corner of said 0.82 acres parcel ref
erenced hereinabove; run thence
South 89° 57' 20” West, a distance
of 142.92 feet to a 15” oak tree as
shown on the above-referenced
plat of survey; run thence North 0°
02' 40” East, a distance of 15.43
feet to an iron pin set and the Point
of Beginning of the fraction of an
acre herein described.
The property herein described be
ing a portion of the property con
veyed by Alfred A. Abercrombie, Jr.
and Lakeeta P. Abercrombie to Da
vid Butts by Warranty Deed dated
July 27, 2005, and recorded in
Deed Book 1065, Pages 160-161,
aforesaid records.
The property is more common
ly known as 168 South Lee Street
according to the current address
numbering system in use in
Monroe County, Georgia.
The debt secured by said Securi
ty Deed has been and is hereby de
clared due because of, among oth
er 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 as well as all other indebted
ness owed to Lender. The debt re
maining 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 attor
ney's fees having been given).
Said property will be sold subject
to any outstanding ad valorem tax
es (including taxes which are a lien,
but not yet due and payable), any
matters which might be disclosed
by an accurate survey and inspec
tion of the property, any assess
ments, liens, encumbrances, zon
ing ordinances, restrictions, cove
nants, and matters of record superi
or to the Security Deed first set out
above.
Said sale is being made after
The First National Bank of Barnes-
ville obtaining permission from the
United States Bankruptcy Trustee
in the United States Bankruptcy
Court for the Middle District of
Georgia, Newnan Division.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is Tyler
and Tyler Construction, LLC
The First National Bank of Barnes-
ville, as Attorney in Fact for Tyler
and Tyler Construction, LLC
EDWARD R. T. BULLARD
JOHNSTON, OWEN & BULLARD,
LLP
124 N. HILL STREET
P. O. DRAWER L
GRIFFIN, GA 30224
(770) 233-4889
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
09-059
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPT
ING 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 Timothy Michael
Walker and Suzanne Kimbell Walk
er to Mortgage Electronic Registra
tion Systems, Inc., as nominee for
GMAC Mortgage, LLC f/k/a GMAC
Mortgage Corporation, dated No
vember 16, 2006, recorded in Deed
Book 1173, Page 143, Monroe
County, Georgia Records, as last
transferred to Residential Funding
Company, LLC by assignment to
be recorded in the Office of the
Clerk of Superior Court of Monroe
County, Georgia Records, convey
ing the after-described property to
secure a Note in the original princi
pal amount of THREE HUNDRED
TWENTY THOUSAND AND 0/100
DOLLARS ($320,000.00), with in
terest thereon as set forth therein,
there will be sold at public outcry to
the highest bidder for cash before
the courthouse door of Monroe
County, Georgia, within the legal
hours of sale on the first Tuesday in
March, 2009, the following descri
bed property:
All that tract or parcel of land ly
ing and being in Land Lot 238 of
the Sixth Land District of Monroe
County, Georgia, containing 3.87
acres and being known and desig
nated as Lot 1 of Chriswood Subdi
vision according to that certain plat
of survey entitled "Final Plat of
Chriswood Subdivision", prepared
by Cecil R. Kelly, surveyor, dated
November 5, 1985, as revised
through September 25, 1986, and
recorded in Plat Book 13, Pages
116-120, Clerk's Office, Monroe
Superior Court, which plat is by this
reference incorporated herein and
made a part of this description.
The above-described property is
conveyed subject to the Declaration
of Restrictive Covenants for Chris
wood, dated February 12, 1987,
and recorded in Deed Book 236,
Pages 28-37, aforesaid records.
The property herein described be
ing the property conveyed by John
Pitts Company, Inc. to Tommie
Weaver, Sr. by warranty deed dat
ed November 20, 1992, and record
ed in Deed Book 387, Page 318,
aforesaid records. In said deed,
John Pitts Company, Inc. reserved
for itself and it's successors and/or
assigns a perpetual easement and
right of way to fill in the most south
easterly corner (70 feet x 70 feet
square) of the above-described
property at the intersection of U.S.
Highway 41 and Chriswood Drive in
order to level said area for the pur
pose of landscaping the entrance
and for erecting an entrance struc
ture to enhance Chriswood Subdivi
sion.
This is the identical property de
scribed in that certain warranty
deed creating joint tenancy with
survivorship from John P. Selman
and Tammy G. Selman to Timothy
M. Walker and Suzanne K. Walker,
dated November 1, 2004, and re
corded in Deed Book 1002, Page
24, Office of the Clerk of Superior
Court of Monroe County, Georgia.
The debt secured by said Securi
ty Deed has been and is hereby de
clared due because of, among oth
er 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 de
fault, 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, in
cluding attorneys fees (notice of in
tent to collect attorneys fees having
been given).
Said property will be sold subject
to any outstanding ad valorem tax
es (including taxes which are a lien,
but not yet due and payable), any
matters which might be disclosed
by an accurate survey and inspec
tion of the property, any assess
ments, liens, encumbrances, zon
ing ordinances, restrictions, cove
nants, and matters of record superi
or to the Security Deed first set out
above.
The entity that has full authority
to negotiate, amend, and modify all
terms of the mortgage with the
debtor is: GMAC Mortgage, LLC
f/k/a GMAC Mortgage Corporation,
1100 Virginia Drive, Fort Washing
ton, PA 19034, 800-850-
4622x2365442. Please understand
that the secured creditor is not re
quired 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 Timo
thy Michael Walker and Suzanne
Kimbell Walker or a tenant or ten
ants and said property is more
commonly known as 35 Chris
wood Drive, Forsyth, Georgia
The sale will be conducted sub
ject (1) to confirmation that the sale
is not prohibited under the U.S.
Bankruptcy Code and (2) to final
confirmation and audit of the status
of the loan with the holder of the
security deed.
Residential Funding Company, LLC
as Attorney in Fact for
Timothy Michael Walker and Su
zanne Kimbell Walker
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/SI6 3/3/09
Our file no. 5155609-FT1