Newspaper Page Text
February 18, 2009
i Reporter
PAGE 13B
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
09-069
NOTICE OF SALE
UNDER POWER
GEORGIA, MONROE COUNTY
By virtue of a Power of Sale con
tained in that certain Security Deed
from Ben Lee McClancy to Na-
tionsBanc Mortgage Corporation,
dated July 29, 1998, recorded July
29, 1998, in Deed Book 576, Page
254, Monroe County, Georgia Re
cords, said Security Deed having
been given to secure a Note of
even date in the original principal
amount of Fifty-Nine Thousand
Nine Hundred and 00/100 dollars
($59,900.00), with interest thereon
as provided for therein, said Securi
ty Deed having been last sold, as
signed and transferred to Bank Of
America, N.A. as successor by
merger to Nationsbanc Mortgage
Corporation 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, all proper
ty described in said Security Deed
including but not limited to the fol
lowing described property:
ALL THAT TRACT OR PARCEL
OF LAND LYING AND BEING IN
LAND LOT 95 OF THE 4TH LAND
DISTRICT OF MONROE COUNTY,
GEORGIA, CONTAINING 1.272
ACRES, AND BEING MORE PAR
TICULARLY DESCRIBED AS LOT
NO. 2 ON THAT CERTAIN PLAT
OF SURVEY ENTITLED A BOUN
DARY & PARTITIONING SURVEY
OF WILL'O WISP ESTATE,
PHASE ONE', PREPARED BY
STEVE A. COLEMAN, GA. REG.
LAND SURVEYOR NO. 2690,
WHICH PLAT IS DATED DECEM
BER 22, 1997 AND RECORDED
IN PLAT BOOK 22, PAGE 90, IN
THE OFFICE OF THE CLERK OF
THE SUPERIOR COURT OF
MONROE COUNTY, GEORGIA,
WHICH PLAT IS BY THIS REFER
ENCE INCORPORATED HEREIN
FOR A MORE COMPLETE AND
ACCURATE DESCRIPTION OF
THE PROPERTY.
THIS IS A PORTION OF THE
SAME PROPERTY CONVEYED
TO LAGRIT F. MORRIS BY WAR
RANTY DEED FROM B. HAY-
GOOD HODGES DATED APRIL
10, 1989 AND RECORDED IN
DEED BOOK 285, FOLIO 237,
SAID CLERK'S OFFICE.
Said property is commonly
known as 6552 GA Highway 42
North, Forsyth, GA31029.
The indebtedness secured by
said Security Deed has been and is
hereby declared due because of
default under the terms of said Se
curity Deed and Note, including but
not limited to the nonpayment of
the indebtedness as and when due.
The indebtedness remaining in de
fault, this sale will be made for the
purpose of paying the same, all ex
penses of the sale, including attor
neys' fees and all other payments
provided for under the terms of the
Security Deed and Note.
Said property will be sold subject
to the following items which may af
fect the title to said property: all
zoning ordinances; matters which
would be disclosed by an accurate
survey or by an inspection of the
property; any outstanding taxes, in
cluding but not limited to ad valor
em taxes, which constitute liens
upon said property; special assess
ments; all outstanding bills for pub
lic utilities which constitute liens
upon said property; all restrictive
covenants, easements, rights-of-
way and any other matters of re
cord superior to said Security
Deed. To the best of the knowl
edge and belief of the undersigned,
the party in possession of the prop
erty is Ben Lee McClancy or ten-
ants(s).
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. THE ABOVE LAW
FIRM IS ACTING AS A DEBT
COLLECTOR. ANY INFORMA
TION OBTAINED WILL BE USED
FOR THAT PURPOSE.
BANK OF AMERICA, N.A. AS
SUCCESSOR BY MERGER TO
NATIONSBANC MORTGAGE
CORPORATION
as Attorney in Fact for
BEN LEE MCCLANCY
Lender Contact: BOA, Loss Mitiga
tion Dept., 475 CrossPoint Park
way, P.O. Box 9000, Getzville, NY
14068-9000
TELEPHONE NUMBER: 800-846-
2222
Attorney Contact: Adorno & Yoss
LLC, 3740 Davinci Court, Suite
100, Norcross, GA 30092
TELEPHONE NUMBER: (888) 890-
5309 ADORNO FILE NO.
218303.0197
WWW.ADORNO.COM/ATLDOCS/
SALES.HTML
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]
09-071
NOTICE OF SALE
UNDER POWER
STATE OF GEORGIA
COUNTY OF MONROE
By virtue of a Power of Sale con
tained in that certain Security Deed
from Thomas E. Clark and Kathy A.
Clark to 21st Mortgage Corpora
tion, dated February 12, 2007 and
recorded in Deed Book 1193, Page
312 and re-recorded May 18, 2007
in Deed Book 1215, Page 268, in
the Office of the Clerk of Superior
Court of Monroe County, Georgia,
said Security Deed having been
given to secure a Note dated, Feb
ruary 12, 2007, in the original prin
cipal amount of Ninety One Thou
sand Eight Hundred Seventy Two
and 00/100 Dollars ($91,872.00)
with interest thereon as provided
therein, will be sold at public outcry
to the highest bidder for cash be
fore the courthouse door of Monroe
County, Georgia, within the legal
hours of sale on the first Tuesday
of March 2009, regarding the fol
lowing described property:
All that tract or parcel of land and
all improvements thereon, lying and
being in Land Lots 213 & 214 of the
632nd GMD, 4th Land District, the
County of Monroe, the State of
Georgia, being known as Farm(s)
#9 in the Old Indian Springs Farms,
Phase I, Subdivision as shown on
Plat Book 24, Page 81, Clerk's Of
fice, Monroe County Superior
Court, to which reference is hereby
made for a more complete descrip
tion and containing 3.51 acres.
Also conveyed herewith is a
2006 Palm Harbor, 44x30, Model
AAFL modular home, Serial Num
ber PH1413132AB, which is per
manently attached to and made a
part of the real property.
Said property is commonly
known as 805 Old Indian Springs
Rd., Forsyth, GA 31029.
The indebtedness secured by
said Security Deed has been and is
hereby declared due because of
default under the terms of said Se
curity Deed and Note, including but
not limited to the nonpayment of
the indebtedness as and when due.
The indebtedness remaining in de
fault, this sale will be made for the
purpose of paying the same, all ex
penses of the sale, including attor
ney's fees and all other payments
provided for under the terms of the
Security Deed and Note.
Said property will be sold subject
to the following items which may ef
fect the title of said property; zoning
ordinances, matters which would
be disclosed by an accurate survey
or by an inspection of the property;
any outstanding taxes, including
but not limited to ad valorem taxes,
which constitute liens upon said
property; special assessments; all
outstanding bills for public utilities
which constitute liens upon said
property; all restrictive covenants,
easements, rights-of-way and any
other matters of record superior to
said Security Deed. To the best of
the knowledge and belief of the un
dersigned, the party in possession
of the property is Thomas E. Clark
and Kathy A. Clark or tenant(s).
21st Mortgage Corporation
as Attorney-in-Fact for
Thomas E. Clark and Kathy A.
Clark
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd., Suite B
Atlanta, Georgia 30319
(404) 728-0220
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY IN
FORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
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.
09-077
GEORGIA
SPALDING COUNTY
Because of the default in the pay
ment of the indebtedness secured
by a deed to secure debt executed
by THE SIMPSON GROUP, INC.,
to First National Bank of Griffin,
dated April 1, 2005, recorded April
7, 2005, in Deed Book 1036 Page
237, Monroe County Superior Court
records, and pursuant to the pow
ers contained in said deed to se
cure debt, the undersigned will sell
at public outcry for cash between
the legal hours of sale on the first
Tuesday in March, 2009, before the
courthouse door in Forsyth, Monroe
County, Georgia, the following de
scribed real property:
All that lot, tract or parcel of land
situate, lying and being in Land
Lots 218 and 219 of the 4th Land
District, 523rd (High Falls) Georgia
Militia District, Monroe County,
Georgia, being more particularly
shown and designated as Tract I-4
containing 1.94 acres as shown on
a plat of survey entitled “A Final
Subdivision Plat of RIVER FOR
EST, SECTION II, A private Gated
Community, Phase I”, prepared by
Steven A. Coleman, RLS No. 2690,
dated July 28, 2004, recorded in
Plat Book 27, Page 24, Monroe
County Superior Court records,
which said plat is incorporated
herein and made a part of this legal
description.
To the best of knowledge and be
lief of the undersigned, the party in
possession of the property is THE
SIMPSON GROUP, INC., or a ten
ant or tenants and said property is
more commonly known as 107 For
est View Cir., Monroe County,
Georgia.
Said property will be sold as the
property of THE SIMPSON
GROUP, INC., and the terms of
said sale shall be cash. The pro
ceeds of said sale will be used for
the purpose of paying the indebted
ness due First National Bank of
Griffin, including principal and inter
est, and will be sold subject to all
unpaid taxes that may be a lien on
said property.
This 27th day of January, 2009.
/S/First National Bank of Griffin
Attorney-in-Fact for THE SIMPSON
GROUP, INC.
NEWTON & HOWELL, PC.
127 2 East Solomon Street
P.O. Box 551
Griffin, GA 30224
(770) 227-0110
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
0.82 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.
09-087
Notice of Sale Under Power
State of Georgia,
County of MONROE.
Under and by virtue of the Power
of Sale contained in a Deed to Se
cure Debt given by JASON A.
WHATLEY to MORTGAGE ELEC
TRONIC REGISTRATION SYS
TEMS, INC. ("MERS") AS NOMI
NEE FOR CRESCENT MORT
GAGE COMPANY, dated
06/23/2005, and Recorded on
06/27/2005 as Book No. 1056 and
Page No. 237, MONROE County,
Georgia records, as last assigned
to CHASE HOME FINANCE, LLC,
by assignment, conveying the after-
described property to secure a
Note of even date in the original
principal amount of $91,173.00,
with interest at the rate specified
therein, there will be sold by the un
dersigned at public outcry to the
highest bidder for cash at the MON
ROE County Courthouse within the
legal hours of sale on the first
Tuesday in March, 2009, the follow
ing described property: ALL THAT
TRACT OR PARCEL OF LAND
AND ALL IMPROVEMENTS
THEREON, LYING AND BEING IN
THE LAND LOT 25, 14TH LAND
DISTRICT, THE COUNTY OF
MONROE, THE STATE OF GEOR
GIA, BEING KNOWN AS FARM(S)
#9 IN THE OAK HILL FARMS
PHASE TWO SUBDIVISION AS
SHOWN ON PLAT BOOK 24,
PAGE 280, CLERK'S OFFICE,
MONROE COUNTY SUPERIOR
COURT, TO WHICH REFERENCE
IS HEREBY MADE FOR A MORE
COMPLETE DESCRIPTION AND
CONTAINING 1.67 ACRES. The
debt secured by said Deed to Se
cure 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 re
mains 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 attor
ney's fees (notice of intent to collect
attorney's fees having been given).
The entity that has full authority to
negotiate, amend, and modify all
terms of the mortgage with the
debtor is: CHASE HOME FI
NANCE, LLC, 3415 VISION
DRIVE, Foreclosure, COLUMBUS,
OH 43224, 800-446-8939. Please
understand that the secured cred
itor is not required to negotiate,
amend, or modify the terms of the
mortgage instrument. To the best
knowledge and belief of the under
signed, the party/parties in posses
sion of the subject property known
as 85 TERRACE OAKS DR, FOR
SYTH, GEORGIA 31029 is/are: JA
SON A. WHATLEY or tenant/ten
ants. Said property will be sold sub
ject to (a) any outstanding ad valor
em taxes (including taxes which are
a lien, but not yet due and paya
ble), (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, encumbran
ces, zoning ordinances, ease
ments, restrictions, covenants, etc.
The sale will be conducted subject
to (1) confirmation that the sale is
not prohibited under the U.S. Bank
ruptcy Code; and (2) final confir
mation and audit of the status of
the loan with the holder of the se
curity deed. Pursuant to O.C.G.A.
Section 9-13-172.1, which allows
for certain procedures regarding
the rescission of judicial and nonju
dicial 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 para
graph.
CHASE HOME FINANCE, LLC as
Attorney in Fact for JASON A.
WHATLEY. THIS LAW FIRM IS
ACTING AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR
THAT PURPOSE.
20090073400001
BARRETT, DAFFIN & FRAPPIER,
L.L.P. 4004 Beltline, Building 2,
Suite 100 Addison, Texas 75001-
4417 Telephone: (972) 341-5398.