Newspaper Page Text
Public Notices
Early Deadline this week:
Wednesday, Nov. 25
12 noon
Page 10D, November 25, 2009
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Sale Under Power
09-560
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
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.
Under and by virtue of the Pow
er of Sale contained in a Security
Deed given by Malinda Perry to
Mortgage Electronic Registration
Systems, Inc., dated May 12,
2004, recorded in Deed Book
966, Page 229, Monroe County,
Georgia Records as last transfer
red to SunTrust Mortgage, Inc. by
assignment to be recorded in the
Office of the Clerk of Superior
Court of Monroe County, Georgia
Records,conveying the after-de
scribed property fo secure a Note
in the original principal amount of
ONE HUNDRED TWENTY-
EIGHT THOUSAND TWO HUN
DRED FIFTY AND 0/100 DOL
LARS ($128,250.00), 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 within the legal
hours of sale on the first Tuesday
in December, 2009, the following
described property: Being all that
property obtained under Deed
dated march 26, 1996, recorded
in Deed Book 486, Page 201,
Clerk's Office, Monroe Superior
Court; and further described as
follows:
All that tract or parcel of land ly
ing and being in Land Lot 192, of
the Thirteenth Land District, of
Monroe County, Georgia, contain
ing 1.49 acres and being known
and designated as Lot 13, in
Block "B", of Quail Run Subdivi
sion according to that certain plat
of survey prepared by G. Tim
Conkle, Surveyor, dated Novem
ber 10, 1986, and recorded in Plat
Book 13, Page 137, Clerk's Of
fice, Monroe Superior Court. Said
Lot 13 has such size, shape,
metes, bounds and dimensions
as are shown on said plat, which
plat is incorporated herein by ref
erence thereto.
The above-described property
is conveyed subject to those cer
tain protective covenants for
Block "B" Quail Run Subdivision
appearing of record in Deed Book
23/ Pages 83-85, aforesaid re
cords.
The above-described property
is known under the present sys
tem of numbering as 105 Haley
Lane, Juliette, Georgia.
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 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, en
cumbrances, zoning ordinances,
restrictions, covenants, and mat
ters of record superior to the Se
curity Deed first set out above.
Tne entity that has full authori
ty to negotiate amend, and modi
fy all terms of the mortgage with
tne debtor is: Suntrust Mortgage,
Inc., 1001 Semmes Avenue,
Richmond, VA 23224, 866-384-
0903. Please understand that the
secured creditor is not required by
law to negotiate, amend, or modi
fy the terms of the mortgage in
strument.
To the best knowledge and be
lief of the undersigned, the party
in possession of the property is
Malinda Perry and Malinda C.
Perry or a tenant or tenants and
said property is more commonly
known as 105 Haley Lane, Juli
ette, Georgia 31046.
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.
SunTrust Mortgage, Inc.
as Attorney in Fact for
Malinda Perry
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/nh5 12/1/09
Our file no. 52982909-FT2
09-561
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
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.
Under and by virtue of the Pow
er of Sale contained in a Security
Deed given by Shane Cook ana
Brandi Cook to Mortgage Elec
tronic Registration Systems, Inc.,
dated May 23, 2008, recorded in
Deed Book 1295, Page 181, Mon
roe County, Georgia Records, as
last transferred to Wells Fargo
Bank, NA bv assignment record
ed in Deed Book 1340, Page 23,
Monroe County, Georgia Re
cords,conveying the after-descri
bed property to secure a Note in
the original principal amount of
SEVENTY-THREE THOUSAND
FIVE HUNDRED AND 0/100
DOLLARS ($73,500.00), with in
terest thereon as set forth therein,
there will be sold at public outcry
to the highest bidder for cash be
fore the courthouse door of Mon
roe County, Georgia within the
legal hours of sale on the first
Tuesday in December, 2009, the
following described property: All
that tract or parcel of land lying,
situate and being in Land Lot 185
of the 4th District of Monroe
County, Georgia, being known
and identified as Lot 9 containing
1.55 acres, all being more particu
larly described in accordance with
a final plat for Old Oak Plantation
prepared by Jordan Engineering,
dated November 11, 2005, and
recorded in Plat Book 28, Pages
107-112, Office of Clerk, Monroe
Superior Court. Said plat and all
of its descriptive data are incorpo
rated herein by reference to
same.
The improvements thereon be
ing known as 201 Old Oak Drive;
Forsyth, GA 31029.
Parcel No. 050B009
Being the same lot of ground
described in a deed dated 03-26-
2007 by and between Perma-
deck Systems, Inc. a Georgia
Corporation unto Shane Cook
and Brandi Cook and recorded
04-02-2007 among the land re
cords of Monroe County, GA in
Book 1203, Page 204.
The right, if any, of The United
States of America to redeem said
land within 120 days from the
date of the foreclosure sale held
on December 1, 2009, as provid
ed for by the Federal Tax Lien Act
of 1966 (Public Law 89-719).
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 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, en
cumbrances, zoning ordinances,
restrictions, covenants, and mat
ters of record superior to the Se
curity Deed first set out above.
Tne entity that has full authority
to negotiate, amend, and modify
all terms of the mortgage with the
debtor is: Wells Fargo Home
Mortgage, Inc., PO Box 10335,
Des Moines, IA 50306, 1-800-
416-1472. Please understand
that the secured creditor is not re
quired by law to negotiate,
amend, or modify the terms of the
mortgage instrument.
To tne best knowledge and be
lief of the undersigned, the party
in possession of the property is
Shane Cook and Brandi Cook or
a tenant or tenants and said prop
erty is more commonly known as
201 Old Oak Drive, Forsyth,
Georgia 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.
Wells Fargo Bank, NA
as Attorney in Fact for
Shane Cook and Brandi Cook
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vxv 12/1/09
Our file no. 5524609-FT7
09-562
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
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.
Under and by virtue of the Pow
er of Sale contained in a Security
Deed given by Jerry J Blalock to
First Horizon Home Loan Corpo
ration, dated May 25, 2004 re
corded in Deed Book 969, Page
178, Monroe County Georgia Re
cords, as last transferred To The
Bank of New York Mellon f/k/a
The Bank of New York as Trust
ee for the holders of the Certifi
cates, First Horizon Mortgage
Pass-Through Certificates Series
2004-AA2, by First Horizon Home
Loans a division of First Tennes
see Bank National Association,
Master Servicer in its capacity as
agent for the Trustee under the
Pooling and Servicing Agreement
 Tby assignment to be re
corded 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 prin
cipal amount of ONE HUNDRED
FORTY THOUSAND AND 0/100
DOLLARS ($140,000.00). with in
terest thereon as set forth therein,
there will be sold at public outcry
to the highest bidder for cash be
fore the courthouse door of Mon
roe County, Georgia within the le
al hours of sale on the first Tues-
ay in December, 2009, the fol
lowing described property: All that
tract or parcel of land lying and
being in Land Lot 56 of the 12th
CROSSWORD SOLUTION
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A
Land District of Monroe County
Georgia containing 2.49 acres,
more or less and being known
and designated as Tract "G", ac
cording to that certain plat of sur
vey prepared for James Emory,
Inc., by Brent Cunninqham, GRLS
No. 2097, dated August 13, 1998,
and filed of record in plat book 22,
page 216, Clerk's Office, Monroe
Superior Court. Said palt and the
recorded copy thereof, including
the metes, boundaries, courses,
distances and dimensions, and in
corporated herein by reference
thereto for all purposes. Said tract
of land herein is subject to those
restrictive covenants as filed of
record in deed book 362, page
275, Clerk's office , Monroe Supe
rior Court. Said tract of land here
in is that same tract of land as
shown in that certain warranty
deed from Jerry Jay Blaloclq a/k/a
Jerry J. Blalock to Jerry J Blalock
and Ellen C Blalock, dated Sep
tember 3, 2003, ana filed of re
cord on September 15, 2003, in
deed book 910, pages 311-312,
Clerk's OFfice, Monroe Superior
Court.
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 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, en
cumbrances, zoning ordinances,
restrictions, covenants, and mat
ters of record superior to the Se
curity Deed first set out above.
Tne entity that has full authority
to negotiate, amend, and modify
all terms of the mortgage with the
debtor is: MetLife Flome Loans,
4000 Horizon Way Mail Stop
6205, Irving, TX 75063, 800-364-
7662. Please understand that the
secured creditor is not required by
law to negotiate, amend, or modi
fy the terms of the mortgage in
strument.
To the best knowledge and be
lief of the undersigned, the party
in possession of the property is
Jerry J Blalock or a tenant or ten
ants and said property is more
commonly known as 1355 Josey
Road, Forsyth. Georgia 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.
The Bank of New York Mellon
f/k/a The Bank of New York, as
Trustee for the holders of the Cer
tificates, First Horizon Mortgage
Pass-Through Certificates Series
2004-AA2, by First Horizon Home
Loans a division of First Tennes
see Bank National Association,
Master Servicer in its capacity as
agent for the Trustee under the
Pooling and Servicing Agreement
as Attorney in Fact for
Jerry J Blalock
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/eia 12/1/09
Our file no. 53021809-FT3
09-563
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
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.
Under and by virtue of the Pow
er of Sale contained in a Security
Deed given by Jason M. Baker to
Mortgage Electronic Registration
Systems, Inc., dated July 10,
2006, recorded in Deed Book
1142, Page 329, Monroe County,
Georgia Records, as last transfer
red to BAC Home Loans Servic
ing, L.P. fka Countrywide Home
Loans Servicing, L.P. by assign
ment to be recorded in the Office
of the Clerk of Superior Court of
Monroe County, Georgia Re
cords,conveying the after-descri
bed property to secure a Note in
the original principal amount of
ONE HUNDRED SIXTY THOU
SAND AND 0/100 DOLLARS
($160,000.00), with interest there
on as set forth therein, there will
be sold at public outcry to the
highest bidder for cash before the
courthouse door of Monroe
County, Georgia within the legal
hours of sale on the first Tuesday
in December, 2009, the following
described property: All that tract
or parcel of land lyinq and beinq
in Land Lot 49 of the 13th Lana
District of Monroe County, Geor-
ia, containing 11.40 acres and
eing Known and designated as
Tract "B" according to that certain
Plat of survey entitled "survey for
Shirley Hadden Baker part of Bo-
linqbroke Farms, Section 1 (lots
12, 13, 14 & 1$) Block "B", pre
pared by Prince S. Halligan, Jr.,
surveyor, dated December 13,
2004 and recorded in Plat Book
27, Page 164, clerk's office Mon
roe Superior Court, which Plat is
by this reference incorporated
herein and made a part of this de
scription.
Also conveyed herewith is a
one-third (1/3) undivided interest
in and to that certain lake as
shown on the above-referenced
Plat of survey.
This is the identical property de
scribed in that certain warranty
deed from Shirley H. Baker a/k/a
Shirley Hadden Baker to Jason
McCoy Baker, dated February 22,
2005, and recorded in deed book
1026, page 235, Office of the
Clerk of Superior Court of Monroe
County, Georgia
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 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, en
cumbrances, zoning ordinances,
restrictions, covenants, and mat
ters of record superior to the Se
curity Deed first set out above.
Tne entity that has full authority
to negotiate, amend, and modify
all terms of the mortgage with the
debtor is: Bank of America, 177
Countrywide Way, Mail Stop:
CAO-911-01-05, Lancaster CA
93536, (661) 351-5722. Blease
understand that the secured cred
itor is not required by law to nego
tiate, amend, or modify the terms
of the mortgage instrument.
To the best knowledge and be
lief of the undersigned, the party
in possession of the properly is
Jason M. Baker and Jason Mccoy
Baker or a tenant or tenants ana
said property is more commonly
known as 3604 Old Macon
Road, Forsyth, Georgia 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.
BAC Home Loans Servicing, L.P.
fka Countrywide Home Loans
Servicing, L.P.
as Attorney in Fact for
Jason M. Baker
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 12/1/09
Our file no. 51920309-FT7
09-565
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
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.
Under and by virtue of the Pow
er of Sale contained in a Security
Deed given by Brandon L. Payne
and Stephanie L. Payne to Mort
gage Electronic Registration Sys
tems, Inc., dated June 16, 2006,
recorded in Deed Book 1138,
Page 299, Monroe County, Geor
gia Records, as last transferred to
AmTrust Bank by assignment to
be recorded in the Office of the
Clerk of Superior Court of Mon
roe County, Georgia
Records,conveying the after-de
scribed properfy fo secure a Note
in the original principal amount of
FOUR HUNDRED ELEVEN
THOUSAND AND 0/100 DOL
LARS ($411,000.00), with interest
thereon as set forth therein, there
will be sold at public outcry to the
highest bidder for cash before the
courthouse door of Monroe
County, Georgia within the legal
hours of sale on the first Tuesday
in December, 2009, the following
described property: All that tract
or parcel of land lyinq and beinq
in Land Lot 231 or tne 4th Land
District of Monroe County, Geor-
ia, being more particularly
nown and designated as Lot G-
23 of River Forest Subdivision,
Phase VI, "The Vistas at River
Forest" said lot containing 1.35
acres, upon a survey prepared by
Steve Coleman & Associates, Inc.
dated December 19 2003, a copy
of which appears of record in Plat
Book 26, Page 18Z Clerk's Office
Monroe Superior Court to which
reference is made for a more
complete and accurate descrip
tion.
Also conveyed to grantee is a
non-exclusive, perpetual ease
ment for ingress and egress over
all of the roads and rignt-of-ways
as shown on the aforesaid pfat
and all other plats of River Forest
Subdivision in order to provide ac
cess to said property from John-
stonville Road over all streets in
said subdivision.
Said property is sold subject to
all easements and setback lines
as shown on the above refer
enced plat and, further, subject to
the declaration of restrictive cove
nants which appear of record in
the Clerk's Office of Monroe Su
perior Court as well as any
amendments thereto which have
been recorded in said Clerk's Of
fice.
Deed reference: Deed Book
1031, Page 196, aforesaid re
cords.
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 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, en
cumbrances, zoning ordinances,
restrictions, covenants, and mat
ters of record superior to the Se
curity Deed first set out above.
Tne entity that has full authority
to negotiate, amend, and modify
all terms of the mortgage with the
debtor is: Amtrust Bank, 1801
Easi Ninth Street, Suite 200,
Cleveland, OH 44114, 866-476-
0022. Please understand that the
secured creditor is not required by
law to negotiate, amend, or modi
fy the terms of the mortgage in
strument.
To the best knowledge and be
lief of the undersigned, the party
in possession of the properfy is
Brandon L. Payne and Stephanie
L. Payne or a tenant or tenants
and said property is more com
monly known as 222 Freedom
Drive, Forsyth, Georgia 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.
AmTrust Bank
as Attorney in Fact for
Brandon L. Payne and Stephanie
L. Payne
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/eja 12/1/09
Our file no. 53179709-FT3
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 Bank, dated June 25,
2003, recorded February 2, 2004,
in Deed Book 942, Page 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, 1nc. a copy
of which appears of record in Plat
Book 26, Pages 121, Cierk'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 properfy 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) 632-7923
File No. 7484A-01576
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 by
merger to COMMUNITY TRUST
BANK (“Lender”) dated December
28, 2005, and recorded in the of
fice of tne Clerk of the Superior
Court of Monroe County, Georgia
in Book 1104, Page 109 (the “Se
curity Deed”), tne undersigned
Lender, or its successor, wilf 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
pears of record in Plat Book 20,
Page 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 has
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 ol
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 sel
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 ol
said sale, including attorney fees,
all as provided in said Security
Deed and the excess proceeds, ii
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
KIMU. MOORE, GFtACE JA KIM,
BYUNG HAK PAHk
AND SUSAN H. PARK
C. Ballard Scearce, Jr., Esq.
Husch Blackwell Sanders LLP
736 Georgia Avenue, Suite 300
Chattanooga, TN 37402
Phone: 423.755.2656
09-580
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 February
28, 2006, recorded March 9,
2006, in Deed Book 1114, Page
328 and re-recorded in Deed
Book 1118, page 193, Monroe
County, Georgia records, as Iasi
modified by Modification of Secur
ity deed dated September 24,
2008, recorded in Deed Book
1315, Page 189, Monroe County,
Georgia records, said Security
Deecf beinq qiven to secure a
Note from FLEURIET CUSTOM
HOMES, INC. dated September
24, 2008, in the original principal
amount of One Hundred Thirty
Thousand and 00/10
($130,000.00) Dollars, with inter
est from date at a rate per cenl
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:
All that tract or parcel of land ly
ing and being in Land Lot 230 ol
the 4th Land “District and Land Lol
96 of the 6th Land District of Mon
roe County, Georgia, and being
more particularly known and des
ignated as Lot B-61 of River For
est Subdivision, Phase I, contain
ing 1.58 acres, as shown on Final
Subdivision Plat of River Forest,
Phase I, dated April 28, 2003 and
revised June 5, 2003, prepared
by Steve Coleman & Associates,
Inc., recorded in Plat Book 26,
Pages 50-54, Monroe County Re
cords. the description of said
property as contained on said plal
is hereby incorporated herein and
by reference made a part hereof.
The debt secured by said Se
curity Deed has been and is here
by declared due because of,
among other possible events ol
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 for 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 beliel
of the undersigned, the party in
possession of the property 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-01578