Newspaper Page Text
Early Deadline this week:
Wednesday, Nov. 25
12 noon
Public Notices
Page 11D, November 25, 2009
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
09-568
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
By virtue of Power of Sale con
tained in Deed to Secure Debt
from CHARLIE FRANK 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 Nfote 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. This property 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
09-579
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 of
Security Deed dated September
24, 2008, recorded in Deed Book
1315, page 192, Monroe County,
Georgia records, said Security
Deea beinq given to secure a
Note from FLEURIET CUSTOM
HOMES, INC. dated September
24, 2008 in the original principal
amount of Four Hundred 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 of
the 4th District of Monroe County,
Georgia, being Lot F-38, Phase V
of River Forest, as shown on plat
of River Forest, recorded in Plat
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 first
set out above.
To the best knowledge and be
lief 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) 632-1923
File No. 7484A-01577
($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, F’age 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
cash to the highest bidder before
the Courthouse door of Monroe
County, Georgia, between the le
al hours of sale on the first Tues-
ay in December, 2009, by Free
dom Financial LLC as Attorney-in-
Fact for Boysie Bhagwandeen
the following property to-wit:
ALL THAT TRACT or parcel of
land lying and being in Land Lot
147 of tne 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 Bhag
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 Bhagwandeen
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.
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 ana 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
Deea being given to secure a
Note of even date in the original
principal amount of Three Hun
dred Sixty Nine Thousand Eiqht
Hundred Fifty & 00/100 Dollars
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 Note 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
ana 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
THE FIRST STATE BANK,
STOCKBRIDGE, GEORGIA
As Attorney-in-Fact for KEVIN S.
FORT
JOEL M. HABER
2365 WALL ST., SUITE 120
CONYERS, GA 30013
(770) 922-§080
This law firm is attempt
ing TO COLLECT a debt, any
information obtained will
BE USED FOR THAT PURPOSE
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 Hundred
Thirty Eight Dollars and 50/100
($28,238.50) together with inter
est thereon until paid, the said
MONROE COUNTY BANK, 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 bearing of S84 degrees 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
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 168/71 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 degrees
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 degrees
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 3Tu16.
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
09-576
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-^10 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,
rignts-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
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.
09-577
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
Deborah L. Davis to Mortgage
Electronic Registration Systems,
Inc. dated June 5, 2007 and re
corded in Deed Book 1220, Page
82, Monroe County Records,
said Security Deed having been
last sold, assigned, transferred
and conveyed to PHH Mortgage
Corporation, by Assignment se
curing a Note in the original prin
cipal amount of $68,4(50.00, the
holder thereof pursuant to said
Deed and Note thereby secured
has declared the entire amount of
said indebtedness due and paya
ble and, pursuant to the power of
sale contained in said Deed, will
on the first Tuesday, December 1
2009, during the legal hours of
sale, before the Courthouse door
in said County, sell at public out
cry to the highest bidder for cash
the property described in said
Deed, to-wit:
All that tract or parcel of land
Eying and being in Land Lot 37 of
the 6th Land District, 59 (Evers)
Georgia Militia District of Monroe
County, Georgia, containing in the
aggregate 5.76 ACRES, and be
ing known and designated as
PARCEL NO. 1 4.76 ACRES and
PARCEL NO. 2 1.000 ACRE, ac
cording to that certain plat of sur
vey entitled "A BOUNDARY &
PARTITIONING SURVEY FOR
JAMES B. LEONARD & RUTH G.
LEONARD", prepared by Hugh
W. Mercer, Jr Surveyor, dated
December 6, 1990, ana recorded
in Plat Book 20, Page 4, Clerks
Office, Monroe Superior Court,
which plat is by this reference in
corporated herein and made a
part of this description.
The property herein described
being a portion of the property
conveyed by John W. Buhl, Jr. to
Barbara M. Dunbar by Warranty
Deed dated March 16, 20W, ana
recorded in Deed Book 657, Ga
ges 57-58, aforesaid records.
Said property is known as 204
Floyd Road, Forsyth, GA 31029,
together with all fixtures and per
sonal property attached to and
constituting a part of said proper
ty, if any.
Said property will be sold sub
ject to any outstanding ad valor
em taxes (including taxes which
are a lien, whether or not now due
and payable), the right of redemp
tion of any taxing authority, any
matters which might be disclosed
by an accurate survey and in
spection of the property, any as
sessments, liens, encumbrances,
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
accordance with the terms of the
Note secured by said Deed.
Said property will be sold as
the property of Deborah L. Davis,
the property, to the best informa
tion, knowledge and belief of the
undersigned, being presently in
the possession of Deborah L. Da
vis, and the proceeds of said sale
will be applied to the payment of
said indebtedness and all the ex
penses of said sale, including at
torney's fees, all as provided in
said Deed, and the balance, if
any, will be distributed as provid
ed by law.
PHPT Mortgage Corooration as At-
torney-in-Fact for Deborah L. Da
vis
File no. 09-019388
SHAPIRO & SWERTFEGER,
LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770)220-2535/ASR
www .swertfeger.net
*THE LAW FIRM IS ACTING AS
A DEBT COLLECTOR. ANY IN
FORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
09-590
NOTICE OF FORECLOSURE
GEORGIA,
MONROE COUNTY
Will be sold Tuesday, Decem
ber 1, 2009, before the Court
house door in Monroe County
Georgia, during the legal hours of
sale, to the highest bidder for
cash, the following described
property, to-wit:
ALL YHAT TRACT OF PAR
CEL OF LAND LYING AND BE
ING IN Land Lot 27, 6th District,
Monroe County, Georqia, contain
ing 192.03 Acres or 8,384,725
square feet in accordance with a
Boundary Survey for DRA Devel
opment, Inc. bv Moore Bass Con
sulting, Inc., Robert J. Debien,
#2964, dated November 3, 2004,
and being more particularly de
scribed as follows:
Beginning at an iron pin found
at the common corner of Land
Lots 7, 8, 26 & 27, of the 6th Dis
trict of Monroe County^ Georgia,
said point being the POINT OF
BEGINNING;
Thence leaving the common
corner of said Land Lots and pro
ceeding along the West line of
Land Lot 27 North 00 degrees 29
minutes 40 seconds East, a dis
tance of 1,436.14 feet to a 1” iron
pin found;
Thence continuing along said
Land Lot line, North 00 degrees
06 minutes 01 seconds East, a
distance of 1,441.23 feet to axle
found at the common corner of
Land Lots 5, 8, 27 & 28;
Thence leaving common corner
of said Land Lofs and proceeding
along the North line of Land Lot
27 South 89 degrees 53 minutes
16 seconds East, a distance of
2,321.42 feet to a point on the
westerly right-of-way of Zellner
Road (Apparent 60’ Right-of-
Way);
Thence continuing along said
right of way along an arc of a
curve to the left, an arc length of
56.82 feet and a radius of 232.79
feet, said curve being subtended
by a chord bearing South 26 de
grees 19 minutes 24 seconds
East, a distance of 56.68 feet to a
point;
Thence continuing along said
right of way along an arc of a
curve to the left, an arc length of
283.41 feet and a radius of
6,281.99 feet, said curve being
subtended by a chord bearing
South 34 degrees 36 minutes 30
seconds East, a distance of
283.38 feet to a point;
Thence continuing along said
right of way South 35 degrees 54
minutes 02 seconds East, a dis
tance of 752.12 feet to a point;
Thence continuing along said
right-of-way along an arc of a
curve to the right, an arc length of
235.20 fee ana a radius of 370.00
feet, said curve being subtended
by a chord bearing south 17 de
grees 41 minutes 23 seconds
East, a distance of 231.26 feet to
a point;
Thence continuing along said
right-of-way South 00 degrees 31
minutes 16 seconds West, a dis
tance of 667.97 feet to a point;
Thence continuing along said
right-of-way along an arc of a
curve to the left, an arc length ol
72.87 feet and a radius ol
3,712.45 feet, said curve being
subtended by a chord bearing
South 00 degrees 02 minutes 29
seconds East, a distance of 72.87
feet to a point;
Thence continuing along said
right of way South (TO degrees 36
minutes 13 seconds East, a dis
tance of 151.77 feet to al point;
Thence continuing along said
right-of-way along an arc of a
curve to the right, an arc length ol
179.49 feet and a radius ol
10 047.63 feet, said curve being
subtended by a chord bearing
South 00 degrees 05 minutes 31
seconds East, a distance ol
179.48 feet to a point;
Thence continuing along said
right-of-way South 00 degrees 25
minutes 12 seconds West, a dis
tance of 534.68 to a point;
Thence leaving said right-of-
way North 887 degrees 51 mi
nutes 57 seconds West, a dis
tance of 210.70 feet to a point;
Thence South 01 degrees 00
minutes 01 seconds West, a dis
tance of 205.90 feet to a point on
the southerly Land lot line of Land
Lot 27, 6tn District Of Monroe
County, Georgia;
Thence continuing along said
Land Lot line North 88 degrees 59
minutes 46 seconds West, a dis
tance of 2,811.84 feet to a 1/2’
iron pin found, said point beinq
the point of Beginning.
LESS AND EXCEPT THE FOL
LOWING
1. That certain 20.930 acre tracl
deeded to Brian T. and Tammy R.
Grasman by warranty deed re
corded in deed book 1103, page
169 Monroe County Records.
2. Those certain tracts totaling
82.038 acres transferred to White
Creek Mitigation, LLC by quit
claim deed recorded in deed book
1104, page 187, Monroe county
Records.
RESULTING in a total ol
89.062 acres remaining and being
transferred by this deed/
Sale will be made under power
of sale contained in Deed to Se
cure Debt from Adams Brothers
Partnership, LLC to the Farmers
Bank dated January 29, 2007 and
recorded in Deed Book 1189, Pa
ges 47-5(1 Clerk’s Office, Monroe
Superior Court. Reference is also
made to the Scrivener’s Affidavil
of Byrd Garland dated July 29,
2009, and recorded in Deed book
1363, Pages 229-231, aforesaid
records. Said Deed to Secure
Debt secures a certain Note from
Adams Brothers Partnership, LLC
to The Farmers Bank dated Janu
ary 29, 2007. Default having oc
curred under the terms and condi
tions of said Note, the power ol
sale in said Deed to Secure debl
has become operative. The pro
ceeds of said sale will be applied
as provided in said Deed to Se
cure Debt. To the best of the un
dersigned's knowledge and belief,
the party in possession and own
er ot the above-described proper
ty is Adams Brothers Partnership,
LLC. Sale will be made subject to
unpaid ad valorem taxes, if any,
and any easements, rights of way
or restrictive covenant oT record.
This 22nd day of October,
2009.
THE FARMERS BANK
/s/THOMAS G. WEBER, PRESI
DENT
ROBERT L. HARRIS,
HAYGOOD, LYNCH, HARRIS,
melton, Watson & el-jour-
BAGY, LLP
87 NORTH LEE STREET
PO BOX 657
FORSYTH, GEORGIA 31029
(478)994-5171
09-592
NOTICE OF SALE UNDER
POWER
GEORGIA, MONROE COUNTY
By virtue of a Power of Sale
contained in that certain Security
Deed from Charles Randy Dan
iels aka Charles Randall Daniels
to Branch Banking and Trusl
Cornpany, dated February 26,
2007. recorded March 9, 2007, in
Deed Book 1198, Page 36, Mon
roe County, Georgia Records,
said Security Deed having been
given to secure a Note of even
date in the principal amount ol
EIGHTY-TWO THOUSAND DOL
LARS AND NO CENTS
($82,000.00), with interest there
on as provided for therein, there
will be sold at public outcry to the
highest bidder for cash before the
courthouse door of Monroe Coun
ty, Georgia, within the legal hours
of sale on the first Tuesday in De
cember 2009 all property descri
bed in said Security Deed includ
ing but not limited to the following
described property: ALL THAT
TRACT OFf PARCEL OF LAND
IN LAND LOT 31 OF THE 5TH
LAND DISTRICT OF MONROE
COUNTY, GEORGIA, CONTAIN
ING 0.991 ACRES, DEING PAR
CEL NO. 1-A ON A PLAT RE
CORDED IN PLAT BOOK NO.
28, PAGE NO. 228, MONROE
cDunty^ CLERK SUPERIOR
court Deed records, said
property being known as 250 Cal
loway Road, Forsyth, GA 31029
according to the present number
ing system in Monroe County.
The indebtedness secured by
said Security Deed has been ana
is hereby declared due because
of default under the terms of said
Security Deed and Note, including
but not limited to the nonpayment
of the indebtedness as and when
due. The indebtedness remaining
in default, this sale will be made
for the purpose of paying the
same, all expenses of the sale, in
cluding attorneys' fees and all
other payments provided for un
der the terms of the Security
Deed and Note. Said property will
be sold subject to tne following
items which may affect the title to
said property: all zoning ordinan
ces; matters which would be dis
closed by an accurate survey or
by an inspection of the property;
any outstanding taxes, including
but not limited to ad valorem tax
es, which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which constitute
liens upon said property; all re
strictive covenants, easements,
rights-of-way and any other mat
ters of record superior to said Se
curity Deed. To the best of the
knowledge and belief of the un
dersigned, the party in posses
sion of the property is Charles
Randy Daniels aka Charles Ran
dall Daniels or tenant(s). The sale
will be conducted subject (1) to
confirmation that the sale is not
prohibited under the U.S. Bank
ruptcy Code and (2) to final confir
mation and audit of the status ol
the loan with the holder of the Se
curity Deed, Branch Banking and
Trust Company as Attorney in
Fact for Charles Randy Daniels
aka Charles Randall Daniels.
Contact: Patrick J. Geheren, Esq.,
1535 Mount Vernon Road, Atlan
ta, GA 30338 TEL (678) 587-
9600. THIS LAW FIRM IS AT
TEMPTING TO COLLECT A
DEBT. ANY INFORMATION OB
TAINED WILL BE USED FOR
THAT PURPOSE.