Newspaper Page Text
Page 6C, November 4, 2009
Public Notices
Deadline:
Friday, 12 noon
478-994-2358
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Sale Under Power
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Sale Under Power
150
Sale Under Power
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Sale Under Power
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Sale Under Power
09-578
STATE OF GEORGIA
COUNTY OF MONROE
NOTICE OF SALE UNDER
POWER
Under and by virtue of the pow
er of sale contained in a Security
Deed from FLEURIET PROPER
TIES, INC. AND JAMES M.
FLEURIET, SR. to UNITED COM
MUNITY ^ANK, dated June 25,
2003, recorded February 2, 2004,
in Deed Book 942, F’age 277,
Monroe County, Georgia records,
as modified December 16, 2003,
by Modification Agreement re
corded in Deed Book 942, page
293 Monroe County, Georgia re
cords and as last modified by
Modification of Security Deed dat
ed June 21, 2008, recorded in
Deed Book 1309, Page 43, Mon
roe County, Georgia records, said
Security Deed being given to se
cure a Note from JAMES M.
FLEURIET, SR. dated July 21.
2008, in the original principal
amount of One Hundred Fifty
Thousand and 00/100
($150,000.00) Dollars, with inter
est from date at a rate per cent
per annum on the unpaid balance
until paid; there will be sold by the
undersigned at public outcry to
the highest bidder for cash before
the Courthouse door at Monroe
County, Georgia, within the legal
hours of sale on the first Tuesday
in December, 2009, the following
described property:
LOT E-15
All that tract or parcel of land ly
ing and being in Land Lots 229 of
the 4th District of Monroe County,
Georgia being Lot E-15 of River
Forest Subdivision Phase III, “The
Equestrian at River Forest”, con
taining 1.00 acre according to a
survey dated September 17,
2003, and prepared by Steve Co
leman & Associates, Inc. a copy
of which appears of record in Plat
Book 26, Pages 121, Clerk's Of
fice of Monroe Superior Court to
which reference is made for a
more complete and accurate de
scription.
Also conveyed to grantee is a
non-exclusive perpetual ease
ments for ingress and egress over
all of the roads and right of ways
as shown on the above plat in or
der to provide access to said
property from Johnstonville Road.
LOT A-63
All that tract or parcel of land ly
ing and being in Land lot 219 of
the 4th District of Monroe County,
Georgia, being Lot A-63 of River
Forest Subdivision Phase I, con
taining 1.00 acre according to a
survey dated September 16,
2003, and prepared by Steve Co
leman & Associates Inc a copy of
which appears of record in Plat
Book 26, page 106, Clerk's Office
of Monroe Superior Court to
which reference is made for a
more complete and accurate de
scription.
Also conveyed to grantee is a
non-exclusive perpetual ease
ments for ingress and egress over
all of the roads and right of ways
as shown on the above plat in or
der to provide access to said
property from Johnstonville Road.
The debt secured by said Se
curity Deed has been and is here
by declared due because of
among other possible events of
default, failure to pay the indebt
edness as and when due and in
the manner provided in the Note
and Security Deed. The debt re
maining in default, this sale will be
made Tor the purpose of paying
the same and all expenses of this
sale, as provided in the Security
Deed and by law, including attor
ney's fees (notice of intent to col
lect attorney's fees having been
given).
Said property will be sold sub
ject to any outstanding ad valor
em 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 prop
erty, any assessments, liens,
easements, encumbrances, zon
ing ordinances, restrictions, cove
nants, and matters of record su
perior to the Security Deed first
set out above.
To the best knowledge and be
lief of the undersigned, the party
in possession of the property is
FLEURIET PROPERTIES, INC.
AND JAMES M. FLEURIET, SR.
or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for FLEURIET
PROPERTIES, INC. AND JAMES
M. FLEURIET, SR.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-1923
File No. 7484A-01576
chord bearing of N 89 degrees 39'
50” W a chord distance of 88.25
feet and a length of 88.25 feet to
an iron pin set; thence proceed N
88 degrees 52 47” W a distance
of 163)71 feet to an iron pin set;
thence proceed N 01 degrees
07'13”E a distance of 10.0 feet to
a concrete monument found;
thence proceed N 88 deqrees
52'47”W a distance of 483.40 feet
to a concrete monument found;
thence proceed a chord bearing
of S 86 degres 37'21”W a chord
distance of 37.66 feet and a
length of 37.66 feet to an iron pin
found; thence proceed N 07 de
grees 54'16”E a distance of
1979.48 feet to a calculated point;
thence proceed S 82 degrees
05'44”E a distance of 623.14 feet
to a calculated point; thence pro
ceed S 07degrees 54'16”W a dis
tance of 1170.40 feet to a calcu
lated point, thence proceed S33
degrees 25'46” E a distance of
227.13 feet to an iron pin set;
thence proceed S 07 deqrees
54'16”W a distance of 552.44 feet
to an iron pin set and the POINT
OF BEGINNING.
The property herein described
being a portion of the property
conveyed by Doris J. Babb (revo
cable Living Trust dated April 9,
1992, to James Byron Vaughan
and Charlotte Taddy Vaughan by
Warranty Deed creating Joint
Tenancy with Survivorship dated
June 4, 1993, and recorded in
Deed Book 403, Pages 155-156,
aforesaid records; and also being
a portion of the property con
veyed by James Byron Vaughan
to Charlotte Taddy Vaughn by
Warranty Deed dated March 2,
1999, and recorded in Deed Book
606 Pages 1-2, aforesaid re
cords.
The Real Property or its ad
dress is commonly known as
15263 Highway 74 Culloden,
Georgia 311)16.
The indebtedness secured by
said Deed to Secure Debt having
become in default, said real es
tate will be sold as the property of
BRIAN T. DOHERTY, and the
proceeds from said sale will be
applied to the payment of the
principal and interest of said in
debtedness and the costs of
these proceedings, including at
torney fees, and the balance, if
any, will be paid over to the party
or parties entitled thereto.
Said property will be sold sub
ject to any outstanding ad valor
em 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 prop
erty, any assessments, liens, en
cumbrances, zoning ordinances,
restrictions, covenants and mat
ters of record superior to the Se
curity Deed first set out above.
This 30TH day of OCTOBER,
2009.
MONROE COUNTY BANK
as Attorney-in-Fact for
BRIAN T. DOHERTY
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) 994-383<f
09-573
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
Security Deed and under the
power of sale contained therein,
executed by BRIAN T. DOHER
TY to MONROE COUNTY
BANK, on the 6TH day of AU
GUST, 1999, which said Security
Deed is duly recorded in the Of
fice of the Clerk of the Superior
Court of Monroe County, Georgia,
at Deed Book 627, Page 346,
said Security Deed having been
given to secure debt in the origi
nal principal amount of Twenty-
Eiqht Thousand Two Flundred
Thirty Eight Dollars and 50/100
($28,238.50) together with inter
est thereon until paid, the said
MONROE COUNTY &ANK. as
Attorney-in-Fact for BRIAN T.
DOHERTY will sell at public out
cry 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 first
Tuesday in December, to-wit:
DECEMBER 1, 2009, the follow
ing described property:
All that tract or parcel of land ly
ing and beinq in Land Lots 269 &
270 of the 12th Land District of
Monroe County, Georgia, contain
ing 30.00 ACRES and being
known and designated as NEW
TRACT according to that certain
plat of survey entitled “PRE
PARED FOR BRIAN DOHERTY”,
prepared by Garland Robert
Hardwick, surveyor, dated August
6, 1999, and being more particu
larly described by reference to
said plat of survey as follows, to-
wit:
The point of commencement is
a concrete monument found at
the common Land Lot corner of
Land Lots 241, 242. 269 and 270
of said 12th Land District and
from said point of commencement
proceed S07 degrees 55' 19”
West a distance of 306.49 feet to
an iron pin set; thence proceed a
chord bearinq of S84 deqrees 54'
05” W a chord distance of 522.81
feet and a length of 523.39 feet to
an iron pin set and the POINT OF
BEGINNING of the tract herein
described; thence proceed a
dersigned will execute a deed to
the purchaser as provided in the
aforementioned Security Deed.
The Bank of New York Mellon
FKA The Bank of New York as
successor in interest to JPMorgan
Chase Bank, N.A. as trustee for
FFMLT 04-FF10
Attorney in Fact for
Chad Hicks and Leticia Hicks An
thony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-24107 /CONV
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR AND IS
ATTEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR
THAT PURPOSE.
09-576
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
Because of default in the pay
ment of the indebtedness, se
cured by a Security Deed execut
ed by Chad Hicks and Leticia
Hicks to First Franklin Financial
Corp. dated August 5, 2004 in the
amount of $325,600.00, and re
corded in Deed Book 982, Page
316, Monroe County Georgia Fte-
cords; as last transferred to The
Bank of New York Mellon FKA
The Bank of New York as succes
sor in interest to JPMorgan Chase
Bank N.A. as trustee for FFMLT
04-FF10 by assignment: the un
dersigned The Bank of New York
Mellon FKA The Bank of New
York as successor in interest to
JPMorgan Chase Bank, N.A. as
trustee for FFMLT 04-FF10 pur
suant 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 December, 2009 ,
during the legal hours of sale, at
the Courthouse door in Monroe
County, sell at public outcry to the
highest bidder for cash, the prop
erty described in said deed to-wit:
All that tract or parcel of land ly
ing and being in Land Lot 231 of
the Fourth Land District, Monroe
County, Georgia, being more par
ticular known and designated as
Lot C-33 of River Forest Subdivi
sion Phase II The Fairway at Riv
er Forest containing 1.T2 acres
according to a survey dated July
4, 2003, and prepared by Steve
Coleman & Associates, Inc., a
copy of which appears of record
in Plat Book 26 Pages 87-89,
Clerks Office, Monroe Superior
Court to which reference is made
to a more complete and accurate
description. Said property sold
subject to all easements and set
back lines as shown on the above
referenced plat.
Also conveyed to grantee is a
non exclusive perpetual ease
ment for ingress ana egress over
all of the roads and Right of Ways
shown on the above plat in order
to provide access to said property
from Johnsonville Road.
Said property is further sold
subject to the Declaration of Re
strictive Covenants which appear
of record in the Clerks Office of
Monroe Superior Court and the
First and Second Amendments
which appear of record in said
Clerks Office.
Deed Reference: Deed Book
924, Page 337, Houston County
Superior Court
which has the property address
of 302 Freedom Drive, Forsyth,
Georgia., together with all fixtures
and other personal property con
veyed 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 record which may affect said
property.
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
accordance with the terms of the
note secured by said deed.
Said property will be sold as
the property of Chad Hicks and
Leticia Hicks 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 un
736 Georgia Avenue, Suite 300
Chattanooga, TN 37402
Phone: 423.Y55.2656
09-567
NOTICE OF SALE UNDER
POWER
PLEASE TAKE NOTICE THAT
under and by virtue of the power
of sale contained in that certain
Security Deed executed by KIM
U. MOORE, GRACE JA KIM, BY-
ung hak Hark and susan h.
PARK (collectively, “Borrower”) to
SUNTRUST BANK successor bv
merger to COMMUNITY TRUST
BAisTk (“Lender”) dated December
28, 2005, and recorded in the of
fice of the Clerk of the Superior
Court of Monroe County, Georgia
in Book 1104 Page 109 (the “Se
curity Deed”), tne undersigned
Lender, or its successor, will sell
at public outcry to the highest bid
der for cash before the front door
of the Monroe County Court
house, 15 West Main Street, For
syth, Georgia 31029, during the
legal hours of sale, on the first
Tuesday in December, to wit: De
cember 1, 2009, the real and per
sonal property conveyed by the
Security Deed and described as
follows:
All that tract or parcel of land ly
ing and being in Land Lands 31 &
34 of the 6th Land District of Mon
roe County, Georgia, being more
particularly known and designated
as Lot 9 in Block A of “Rocky
Creek Forest Subdivision, accord
ing to Plat made by Brent Cun
ningham, GRLS, dated November
18, 1994, a copy of which ap-
P ears of record in Plat Book 20,
age 34, Clerk's Office of Monroe
Superior Court. Said lot contains
19.08 acres, more or less, as
shown on said plat. Said plat is
referred to for the purpose of a
more complete and accurate de
scription and is incorporated here
in by reference thereto.
The property is commonly
known as Lot 9, Rocky Creek For
est Subdivision, Monroe County,
Georgia.
TOGETHER WITH (i) all build
ings and improvements now or
hereafter erected on the above-
described property, (ii) all fixtures
attached to the above-described
property or any buildings or im
provements situated thereon, and
(iii) all estates, rights, tenements,
hereditaments, privileges, rents
issues, profits, easements and
appurtenances of any kind bene
fiting the above-described proper
ty, all means of access to and
from the above-described proper
ty whether public or private, and
all water and mineral rights.
The debt secured by said Se
curity Deed is evidenced by a
Universal Note dated December
28, 2005, in the original principal
amount of $104,000.00 (the
“Note”) payable principal and in
terest from the date thereof at the
rate of interest shown in the Note.
Default has occurred in the pay
ment of the debt evidenced by the
Note and secured by the Security
Deed as a result of the nonpay
ment of the indebtedness owed
thereunder at maturity, perhaps
among other things. Accordingly,
the total balance of said debt nas
been and is hereby declared due
and immediately payable and the
Security Deed foreclosable ac
cording to its terms.
The debt remaining in default,
the property will be sold to the
highest bidder for cash, with the
proceeds to be applied to the pay
ment of said indebtedness attor
ney fees (notice of intention to
collect attorney fees having been
given), and the lawful expenses of
said sale, all as provided in the
Note and the Security Deed. The
property will be sold “as is, where
is” without recourse and without
representation or warranty, ex
press or implied, of any nature
whatsoever with respect thereto
and subject to (i) any and all ad
valorem taxes and assessments,
(ii) any matters which would be
disclosed by an accurate survey
or by an inspection of the proper
ty, (ni) any and all zoning ordinan
ces affecting the property, (iv) all
outstanding “bills for public utilities
which constitute liens upon the
property, (v) all covenants, restric
tions, easements, liens, encum
brances and other matters of re
cord, if any, which are superior to
the lien of the Security Deed, and
(vi) existing easements for utilities
and road right-of-ways that cross
and/or serve the property. Lender
reserves the right to sell the real
property portion of the property
separately from the personal
property and to take separate
bids therefor. Notice of Lender's
intent to sell the real property por
tion of the property separately
from the personal property or in
one sale shall be given by an
nouncement made at the com
mencement of the public sale.
The sale will be conducted sub
ject to (i) confirmation that the
sale is not prohibited under the
United States Bankruptcy Code,
and (ii) final confirmation and au
dit of the status of the loan with
Lender.
The right is reserved to adjourn
the day of sale to another date
and time certain without further
publication upon announcement
at the place, date and time set
above and to sell to the second
highest bidder in the event the
highest bidder does not comply
with the terms of the sale. To the
best of the undersigned Lender's
knowledge and belief, Kim U.
Moore, Grace Ja Kim, Byung Hak
Park and Susan H. Park are now
in the possession of the property.
The proceeds of said sale will be
applied to the payment of said in
debtedness and all expenses of
said sale, including attorney fees,
all as provided in said Security
Deed and the excess proceeds, if
any, will be distributed as provid
ed by law.
John Clift, on behalf of Lender,
700 East Hill Ave., 1st Floor,
Knoxville, Tennessee, 37915,
Phone: 865-544-2328, has full au
thority to negotiate, amend and
modify the terms of the Security
Deed with Borrower.
SUNTRUST BANK, as successor
by merger to
COMMUNITY TRUST BANK,
as Aqent and Attorney-in-Fact for
KIM U. MOORE, GRACE JA KIM,
BYUNG HAK PARK
AND SUSAN H. PARK
C. Ballard Scearce, Jr., Esq.
Husch Blackwell Sanders LLP
09-568
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
By virtue of Power of Sale con
tained in Deed to Secure Debt
from CHARLIE FFtANK HIGH,
hereinafter GRANTOR, in favor of
AMERICAN GENERAL FINAN
CIAL SERVICES, INC. dated the
20th day of October, 2006 and re
corded the 25th day of October,
2006, in Deed Book 1167, Page
176 Monroe County, Georgia re
cords; said Deed to Secure Debt
being given to secure a Promisso
ry Note of even date in the origi
nal principal amount of Fifty Thou
sand and 00/100ths Dollars
($50,000.00), with interest from
date as stated therein, there will
be sold by the undersigned at
public outcry to the highest bidder
for cash before the Courthouse
door at MONROE County, Geor
gia, within the legal hours of sale
on the first Tuesday in DECEM
BER, 2009, the following descri
bed property:
Tne land referred to in this de
scription is located in the County
of Monroe and State of Georgia in
Deed Book 1147, at Page 48, and
described as follows:
All that tract or parcel of land
situate, lying and being in Land
Lot 252 of the 12th Land District
of Monroe County, Georgia, con
taining 1.00 acre, according to
that certain Plat of Survey enti
tled, “Survey for Freeman High,
Sr.”, prepared by H.C. Kendrick,
Jr Surveyor, dated August 18,
1970, and recorded in Plat Book
4, Page 28, Clerk's office, Monroe
Superior Court, which plat is by
this reference incorporated herein
and made a part of this descrip
tion.
The debt secured by said Deed
to Secure Debt 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 ex
penses of this sale, including at
torney's fees. Said property will
be sold subject to any outstanding
ad valorem taxes special assess
ments, unpaid utility bills consti
tuting liens against the property,
and all Deeds to Secure Debt,
liens and encumbrances existing
when the above-described Deed
to Secure Debt was filed for re
cord. To the best of the under
signed's knowledge, information
and belief, equitable title to this
property is held by CHARLIE
FRANK HIGH. Thisproperty is lo
cated at 2340 Old Zebulon Road,
Forsyth, GA 31029.
AMERICAN GENERAL FINAN
CIAL SERVICES, INC.
as Attorney in Fact for the above-
named gRantor
AMERICAN GENERAL FINAN
CIAL SERVICES, INC.
by Robert W. Broome, Attorney
1800 Peachtree Street, NW, Suite
445
Atlanta, Georgia 30309
404-350-8349
09-569
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
By virtue of Power of Sale con
tained in Deed to Secure Debt
and Security Agreement ("Securi
ty Deed") from Timothy S. Van
horn and Jennifer L. Kitchens
("Grantor") to Delta Community
Credit Union ("Grantee"), dated
August 31, 2007, recorded Sep
tember 5, 2007 in Deed Book
1240, Page 33, Monroe County,
Georgia Records, said Security
Deecf being given to secure a
Note of even date in the original
principal amount of Three Hun
dred Sixty Nine Thousand Eight
Hundred Fifty & 00/100 Dollars
($369,850.00), with interest from
date at the rate as provided there
in on the unpaid balance until
paid; there will be sold by the un
dersigned at public outcry to the
highest bidder for cash before the
Courthouse door at Monroe
County, Georgia, within the legal
hours of sale on the first Tuesday
in December. 2009.
ALL THAY TRACT OR PAR
CEL OF LAND lying and being in
Land Lot 178 of the 6th Land Dis
trict, Monroe County, Georgia,
containing 1.001 acres, and being
known and designated as Lot 37,
Adamsville Park Subdivision,
Phase 1, according to that certain
plat of survey entitled "Final Plat
of Adamsville Park Subdivision,
Phase I", prepared by Vaughn &
Drake Surveyors, Inc. dated Jan
uary 3, 2007 ana recorded in Plat
Book 29, Pages 13-17, Clerk's
Office, Monroe Superior Court
Georgia records, which recorded
plat is incorporated herein by this
reference and made a part of this
description. Said property is also
known as 204 Kyndal Lane ac
cording to the present system of
numbering property in Monroe
County, Georgia.
The debt secured by the Securi
ty Deed has been and is hereby
declared due because of, among
other possible events of default,
failure to comply with the terms of
the Note. The debt remaining in
default, this sale will be made for
the purpose of paying the same
and all expenses of this sale, in
cluding attorneys' fees.
To the best knowledge and be
lief of Grantee, the above descri
bed property is in the possession
of Timothy S. Vanhorn and Jenni
fer L. Kitchens, and will be sold
subject to any outstanding ad val
orem taxes and/or assessments,
and superior liens, if any.
Delta Community Credit Union
As Attorney in Fact for
Timothy S. Vanhorn and
Jennifer L. Kitchens
By: Glenn F. Sherman, Esq.
SHERMAN & PHALENJLLC
1955 Lower Roswell Road, Suite
B
Marietta, Georgia 30068
(770) 579-0109
This Law Firm is acting as a
debt collector attempting to
collect a debt. Any information ob
tained will be used for that pur
pose.
09-570
NOTICE OF SALE UNDER
POWER
By virtue of the power of sale
contained in a Deed to Secure
Debt by Boysie Bhagwandeen to
NPB Investments, LLC, dated
February 23, 2009 and filed for
record February 27, 2009 in Deed
Book 1335, Page 195, Monroe
County, Georgia records, and se
curing a Note in the orjginal prin
cipal amount of $31,574.78; last
transferred to Freedom Financial
LLC by Assignment filed for re
cord March 12, 2009 in Deed
Book 1338, Page 85, Monroe
County, Georgia records, there
will be sold at a public outcry for
150
Sale Under Power
cash to the highest bidder before
the Courthouse door of Monroe
County, Georgia, between the le
gal hours of sale on the first Tues
day in December, 2009, by Free
dom Financial LLC as Attorney-in-
Fact for Boysie Bhagwandeen
the followinq property to-wit:
ALL THAT TRACT or parcel of
land lyinq and beinq in Land Lot
147 of the 6th Land District of
Monroe County, Georgia, contain
ing 7.54 acres, and being desig
nated as Lot 106 of the subdivi
sion of the property of O.H. Chap
man, and being more particularly
described on a certain plat enti
tled "Lot No. 106, O.H. Chapman
Subdivision," prepared by Ken-
drick-Mercer & Associates, dated
May 21, 1979, and recorded in
Plat Book 8, Page 148, Clerk's
Office, Monroe Superior Court,
which plat by the reference there
to is incorporated herein for a
more particular and accurate de
scription of said property.
The indebtedness secured by
said Deed to Secure Debt having
been declared due and payable
because of default in the payment
of the indebtedness secured
thereby, this sale will be made for
the purpose of paying the same
and all expenses of sale, includ-
ingattorney's fees, if applicable.
The property will be sold as the
property of the aforesaid grantor
subject to the following: all prior
restrictive covenants, easements,
rights-of-way, security deeds, or
encumbrances of record; all valid
zoning ordinances; matters which
woula be disclosed by an accu
rate survey of the property or by
any inspection of the property; all
outstanding taxes, assessments,
unpaid bills, charges, and ex
penses that are a lien against the
property whether due and paya
ble or not yet due and payable.
To the best of the under
signed's knowledge and belief,
possession of the subject proper
ty is held by Boysie Bnag-
wandeen.
Pursuant to O.C.G.A. § 44-14-
162.2, the name, address and tel
ephone number of the individual
or entity who shall have the full
authority to negotiate, amend or
modify all terms of the above de
scribed mortgage is as follows:
Mortgage Default Services LLC
servicer for Freedom Financial
LLC
2608 West Howesdale Road
Spokane, WA 99208
Telephone number: 509-325-
5099
The foregoing notwithstanding,
nothing in O.C.G.A. § 44-14-
162.2 shall be construed to re
quire Mortgage Default Services,
LLC, servicer for Freedom Finan
cial LLC to negotiate amend or
modify the terms of the Deed to
Secure Debt described herein.
Freedom Financial LLC
as Attorney-in-Fact for
Boysie Bhaqwandeen
SHUPING, MORSE & ROSS,
LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road, Suite 100
Riverdale, Georgia 30274-1698
(770)991-0000
This law firm is attempt
ing to COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PUR
POSE.
Thll FIRST STATE BANK,
STOCKBRIDGET GEORGIA
As Attorney-in-Fact for KEVIN S.
FORT
JOEL M. HABER
2365 WALL ST., SUITE 120
CONYERS, GA 30013
(770) 922-9080
THIS LAW FIRM IS ATTEMPT
ING TO COLLECT A DEBT, ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE
09-571
STATE OF GEORGIA
COUNTY OF MONROE
NOTICE OF SALE UNDER
POWER
By virtue of Power of Sale con
tained in a Deed to Secure Debt
from Kevin S. Fort to The First
State Bank, Stockbridge, Georgia
dated January ST 2009 and re
corded in Deed Book 1327, page
326, Monroe County, Georgia re
cords; said Deed to Secure Debt
being given to secure a Promisso
ry Isfote of even date in the origi
nal principal amount of ONE
HUNDRED FIVE THOUSAND
($105,000.00) DOLLARS (the
Note”), there will be sold by the
undersigned at public outcry to
the highest bidder for cash before
the Courthouse door at Monroe
County, Georgia, within the legal
hours of sale on the first Tuesday
in December, 2009, the following
described property:
ALL TFIAT TRACT or parcel of
land lying and being in Land Lot
229 of the 4th District, Monroe
County, Georgia, being Lot F-43,
of River Forest Phase V, “The
Cliffs at River Forest", containing
1.01 acres, as per plat recorded
in Plat Book 26, pages 238, 239
and 240, Monroe County Re
cords, which plat is incorporated
herein by this reference and
made a part of this description.
Together with a non-exclusive
perpetual easement for ingress
and egress over all the roads and
right of ways as shown on the
above plat and all plats of River
Forest Subdivision, in order to
provide access to said property
from Johnstonville Road over all
streets in said subdivision. Said
property being known as 105
Birch Circle, according to the cur
rent system of numbering in Mon
roe County, Georgia.
The debt secured by said Deed
to Secure Debt has been and is
hereby declared due because of,
among other possible events of
default, default in payment of the
indebtedness secured thereby.
The debt remaining in default, this
sale will be made for the purpose
of paying the same and all ex
penses of this sale, including at
torney's fees as provided in the
Note and the Deed to Secure
Debt, notice of intention to collect
attorneys' fees has been given as
provided by law.
The above-referenced property
will be sold in an “as is” “where is
basis without recourse against
Grantee and without representa
tion or warranty of any kind or na
ture whatsoever by Grantee with
respect thereto.
The entity that has full authority
to negotiate, amend, and modify
all terms of the mortgage with the
Debtor is: First State Bank, Stock-
bridge, Georgia, P O Box 928,
Stockbridge, Georgia 30281;
(770)474-7293. Please under
stand that the secured creditor is
not required to negotiate, amend
or modify the terms of tne mort
gage instrument.
Said property will be sold as
the property of Kevin S. Fort and
subject to the outstanding ad val
orem taxes and/or assessments
which constitute liens upon said
property, easements, restrictive
covenants appearing of record if
any, and to the best knowledge
and belief of the undersigned, Ke
vin S. Fort or tenants holding un
der Kevin S. Fort is in possession
of said property. The sale will be
conducted subject (1) to confirma
tion 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, in
cluding but not limited to a deter
mination that the loan was not re
instated prior to the foreclosure
09-572
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
By virtue of the power of sale
contained in a Security Deed from
Clint D. Smith to SunTrust Mort
gage, Inc. dated April 22, 2005,
recorded in Deed Book 1041,
Page 333, Monroe County Re
cords, and last assigned to Chase
Home Finance LLC, conveying
the after-described property to se
cure a Note in the original princi
pal amount of NINETY-NINE
THOUSAND NINE HUNDRED
SIXTY AND 00/100 ($99,960.00),
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 Monroe County, Georgia, dur
ing the legal hours of sale on the
first Tuesday, December 1, 2009
the following described property,
to wit:
All that tract or parcel of land ly
ing and being in Land Lot 95 ol
the 4th District of Monroe County,
Georgia, and being Lot 61, ol
Teagle Farms, Unit One, as
shown on a plat of survey made
of Teagle Farms, Unit One, filed
for record at Plat Book 26, page
217, Monroe County, Georgia FTe-
cords. The description of the
property as contained on said plal
of survey is incorporated herein
by reference and made a pari
hereof.
The Debt secured by said Se
curity Deed has been and is here
by declared due because of non
payment of the indebtedness
when due and in the manner pro
vided in the Note and Security
Deed. The debt remaining in de
fault, the sale will be made for the
purpose of paying the same and
all expenses of sale, as provided
in the Security Deed and by law,
including attorney's fees, notice ol
intent to collect attorney's fees
having been given.
Said property will be sold sub
ject to any outstanding ad valor
em taxes, any assessments,
liens, encumbrances, zoning ordi
nances, restrictions, covenants,
and matters of record superior to
the Security Deed first set oul
above.
To the best knowledge and be
lief of the undersigned, the party
in possession of the property Clinl
D. Smith or, a tenant or tenants,
and said property was or is com
monly known as 113 Jacob
Court, Forsyth, Ga 31029.
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.
Chase Home Finance LLC
As Attorney in Fact for
Clint D. Smith
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 09-8922
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR, AT
TEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR
THAT PURPOSE.
09-579
STATE OF GEORGIA
COUNTY OF MONROE
NOTICE OF SALE UNDER
POWER
Under and by virtue of the pow
er of sale contained in a Security
Deed from FLEURIET CUSTOM
HOMES, INC. to UNITED COM
MUNITY BANK, dated September
19, 2005, recorded September
26, 2005, in Deed Book 1077,
Page 265 and re-recorded in
Deed Book 1080, Page 179, Mon
roe County, Georgia records, as
last modified by Modification ol
Security Deed dated September
24, 2008, recorded in Deed Book
1315, page 192, Monroe County,
Georgia records, said Security
Deea beinq qiven to secure a
Note from FLEURIET CUSTOM
HOMES, INC. dated September
24, 2008 in the original principal
amount of Four Flundred Sixty
Four Thousand Fifty Nine ana
93/10 ($464,059.93) Dollars, with
interest from date at a rate per
cent per annum on the unpaid
balance until paid; there will be
sold by the undersigned at public
outcry to the highest bidder for
cash before the Courthouse door
at Monroe County, Georgia, with
in the legal hours of sale on the
first Tuesday in December, 2009,
the following described property:
All that tract or parcel of land ly
ing and being in Land Lot 229 ol
the 4th District of Monroe County,
Georgia, being Lot F-38, Phase V
of River Forest as shown on plal
of River Forest, recorded in Plal
Book 26 Page 195-197, Monroe
County Records. The description
of said property as contained on
said plat is hereby incorporated
herein and by reference made a
part hereof.
The debt secured by said Secur
ity 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 de
fault, this sale will be made for the
purpose of paying the same and
all expenses of this sale, as pro
vided in the Security Deed and by
law, including attorney's fees (no
tice of intent to collect attorney's
fees having been given).
Said property will be sold sub
ject to any outstanding ad valor
em 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 prop
erty, any assessments, liens,
easements, encumbrances, zon
ing ordinances, restrictions, cove
nants, and matters of record su
perior to the Security Deed firsl
set out above.
To the best knowledge and be
lief of the undersigned, the party
in possession of the properly is
FLEURIET CUSTOM HOMES,
INC. or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for FLEURIET
CUSTOM HOMES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-01577