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R*ge 11B, Jme 22, 2011
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11-316
Notice of Sale Under Power
State of Georgia,
County of MONROE.
Under and by virtue of the Power of
Sale contained in a Deed to Secure
Debt aiven by NORRIS W MEEKS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
C'MERS") AS NOMINEE FOR
OPTEUM FINANCIAL SERVICES,
LLC, dated 06/30/2006, and Recorded
on 08/10/2006 as Book No. 1150
and Page No. 317, MONROE County,
Georgia records, as last assigned to
US BANK NATldNAL ASSOCIATION,
AS SUCCESSOR TRUSTEE TO
BANK OF AMERICA, NATIONAL
ASSOCIATION, (SUCCESSOR BY
MERGER Td LASALLE BANK
NATIONAL ASSOCIATION) AS
TRUSTEE FOR MORGAN STANLEY
LOAN TRUST 2006-12XS, by
assignment, conveying the after-
described property to secure a Note of
even date in the original principal
amount of $110,400.00, with interest
at the rate specified therein, there will
be sold by the undersigned at public
outcry to the highest bidder for cash at
the MONROE County Courthouse
within the legal hours of sale on the
first Tuesday in July, 2011, the
following described property: ALL
that Tract or parcel of land
LYING AND BEING IN LAND LOT 136
OF THE 4TH DISTRICT, MONROE
COUNTY, GEORGIA, BEING LOT 6,
2.363 ACRES, PHASE 2, HIGH FALLS
VIEW SUBDIVISION, AS PER PLAT
RECORDED, AS PER PLAT
RECORDED IN PLAT BOOK 22, PAGE
60, MONROE COUNTY RECORDS,
WHICH PLAT IS INCORPORATED
HEREIN AND MADE A PART
HEREOF BY THIS REFERENCE,
FOR A MORE COMPLETE AND
ACCURATE DESCRIPTION.
PARCEL ID NUMBER:013-003G
The debt secured by said Deed to
Secure Debt has been and is hereby
declared due because of, among other
possible events of default, failure to
pay the indebtedness as and when
due and in the manner provided in the
Note and Deed to Secure Debt.
Because the debt remains in default,
this sale will be made for the purpose
of paying the same and all expenses
of this sale, as provided in the Deed to
Secure Debt and by law, including
attorney's fees (notice of intent to
collect attorney's fees having been
« . The entity that has full authority
gotiate, amend, and modify all
terms of the mortgage with the debtor
is: America's servicing
COMPANY, 3476 STATEVIEW BLVD^
Foreclosure MAC# X7801-013, FOR?
MILL, SC 29715, 800-288-3212.
Please understand that the secured
creditor is not reguired to negotiate,
amend, or modify the terms of the
mortgage instrument. To the best
knowledge and belief of the
undersigned, the party/parties in
possession of the subject property
known as 4733 BOXANKLE ROAD,
BARNESVILLE, GEORGIA 30204
is/are: NORRIS W MEEKS or
tenant/tenants. Said property will be
sold subject to (a) any outstanding ad
valorem taxes (including taxes which
are a lien, but not yet due and
payable), (b) any matters which might
be disclosed by an accurate survey
and inspection of the property, and (c)
all matters of record superior to the
Deed to Secure Debt first set out
above, including, but not limited to,
assessments, Hens, encumbrances,
zoning ordinances, easements,
restrictions, covenants, etc. The sale
will be conducted subject to (1)
confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code: and (2) final confirmation and
audit of the status of the loan with the
holder of the security deed. Pursuant
to O.C.G.A. Section 9-13-172.1, which
allows for certain procedures regarding
the rescission of judicial and nonjudi-
cial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not be
provided until final confirmation and
audit of the status of the loan as
provided in the preceding paragraph.
US BANK NATIONAL ASSOCIATION,
AS SUCCESSOR TRUSTEE TO
BANK OF AMERICA, NATIONAL
ASSOCIATION, (SUCCESSOR BY
MERGER TO LASALLE BANK
NATIONAL ASSOCIATION) AS
TRUSTEE FOR MORGAN STANLEY
LOAN TRUST 2006-12XS as Attorney
in Fact for NORRIS W MEEKS.
THIS LAW FIRM IS ACTING AS A
DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
20110134000709 BARRETT,
DAFFIN & FRAPPIER, L.L.P.
4004 Beltline,
Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
11-317
NOTICE OF SALE UNDER POWER
GEORGIA, MONROE COUNTY
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Under and by virtue of the Power of
Sale contained in a Security Deed
given by Jeremy Everidge and Tiffany
L. Everidge to Wells Fargo Home
Mortgage, Inc., dated May 23, 2003,
recorded in Deed Book 877, Page 299,
Monroe County, Georgia Records,
conveying the after-described property
to secure a Note in the original
principal amount of EIGHTY-THREE
THOUSAND TWO HUNDRED AND
0/100 DOLLARS ($83,200.00), with in
terest thereon as set forth therein,
there will be sold at public outcry to the
highest bidder for cash before the
courthouse door of Monroe County,
Georgia within the legal hours of sale
on the first Tuesday in July, 2011, the
following described property: All that
tract or parcel of land lying and being
in Land Lots 60 & 61 of the 5th Lana
District of Monroe County, Georgia,
containing 2.09 AC. and being known
and designated as Lot 19 Lee King
Heights according to that certain plat
of survey entitled "Subdivision Lee
King Heights", prepared by C. Donald
Curry, Surveyor, dated June, 1973,
and recorded in Plat Book 5, page 38,
Clerk's Office, Monroe Superior Court,
which plat is by this reference
incorporated herein and made a part
of this description. The property herein
described being the property conveyed
by Ben F. Walker to Jeremy Everidge
and Tiffany L. Everidge by Warranty
deed creating joint tenancy with
survivorship dated February 25, 2003,
and recorded in Deed Book 851, Page
33, aforesaid records.
The debt secured by said Security
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
default, this sale will be made for the
purpose of paying the same and all
expenses of this sale, as provided in
Security Deed and by law, including
attorney’s fees (notice of intent to
collect attorney's fees having been
given). Said property will be sold
subject to any outstanding ad valorem
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 property, any assessments, liens,
encumbrances, zoning ordinances,
restrictions, covenants, and matters of
record superior to the Security Deed
first set out above. The entity that has
full authority to negotiate, amend, and
modify all terms of the mortgage with
the debtor is: Wells Fargo Home
Mortgage, Inc., PO Box 10335, Des
Moines, IA 50306, 1-800-416-1472.
Please understand that the secured
creditor is not required by law to nego
tiate, amend, or modify the terms of
the mortgage instrument. To the best
knowledge and belief of the
undersigned, the party in possession
of the property is Jeremy Daryl
Everidge or a tenant or tenants and
said property is more commonly
known as 341 Edge Road. Forsyth,
Georgia 31029. The sale will be
conducted subject (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 sbm to
Wells Fargo Home Mortgage, Inc.
as Attorney in Fact for Jeremy
Everidge ana Tiffany L. Everidge
McCalta Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ldO 7/5/11
Our file no. 52711807-FT12
11-319
NOTICE OF SALE UNDER POWER
GEORGIA, MONROE COUNTY
THIS LAW FIRM IS ACTING AS
A DEBT COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Under and by virtue of the Power of
Sale contained in a Security Deed
given by William Zane Vance to
Mortgage Electronic Registration
Systems, Inc. as nominee for Macon
Mortgage, Inc., dated February 26,
2007j recorded in Deed Book 1197,
Page 59, Monroe County, Georgja Re
cords, as last transferred to Fannie
Mae ("Federal National Mortgage
Association") by assignment to be
recorded in the Office of the Clerk of
Superior Court of Monroe County,
Georgia Records,conveying the after-
described property to secure a Note in
the original principal amount of TWO
HUNDRED NINETY-FOUR
THOUSAND FIVE HUNDRED AND
0/100 DOLLARS ($294,500.00), 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 safe
on the first Tuesday in July, 2011, the
following described property:AII that
tract or parcel of land lying and being
in Land Lot 284 of tne 13th Lana
District of Monroe County, Georgia and
being known and designated as Lot
26-Xj Phase 1, Trotter's Ridge
Subdivision, according to a plat of
record in Plat Book 17/ Page 101-102,
Clerk's Office, Monroe Superior Court,
which plat by this reference thereto is
incorporated herein for a more
complete and accurate description of
said property. This is the same
property conveyed to Karen T. Barrios
and Camille J. Barrios by deed from
Prudential Relocation, Inc. dated April
3, 2006 and recorded in Deed Book
1121, Page 10, Clerk's Office, Monroe
Superior Court. There is dwelling
located thereon known under the
present system of numbering known
as 140 Red Fox Run, Macon, Monroe
County, Georgia. The debt secured by
said Security 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 default,
this sale will be made for the purpose
of paying the same and all expenses
of this sale, as provided in Security
Deed and by law, including attorney's
fees (notice of intent to collect
attorney’s fees having been given).
IBM Lender Business Process Serv
ices, Inc. can be contacted at 888-917-
3094 or by writing to 14523 S.W.
Millikan Way Suite 200, Beaverton, OR
97005, to discuss possible alternatives
to foreclosure. Said property will be
sold subject to any outstanding ad
valorem 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 property, any
assessments, liens, encumbrances,
zoning ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first set
out above. To the best knowledge and
belief of the undersigned, the party in
ossession of the property is William
ane Vance or a tenant or tenants and
said property is more commonly
known as 140 Red Fox Run, Macon,
Georgia 31210. The sale will be
conducted subject (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 se
curity deed.
Fannie Mae ("Federal National
Mortgage Association") as Attorney in
Fact TorWilliam Zane Vance
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770)234-9181
www.jflegal.com
MSP/CW5 7/5/11
Our file no. 1226911-FT1
11-320
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF MONROE
Under and by virtue of the power of
sale contained in the Deed to Secure
Debt from STANDARD PROPERTIES.
INC. (“Grantor”) to FIRSTBANK OF
HENRY COUNTY (now known as
FIRSTBANK FINANCIAL SERVICES)
(“Firstbank”), dated August 6, 2004,
filed August 11, 2004, recorded at
Deed Book 983, Page 167, Monroe
County, Georgia records (the "Deed to
Secure Debr); as transferred and
assigned from the FEDERAL
DEPOSIT INSURANCE
CORPORATION (“FDIC”), as receiver
of Firstbank, to MULTIBANK 2009-1
RES ADC VENTURE, LLC, a
Delaware limited liability company, as
subsequently transferred and assigned
to RESGA SCI, LLC, a Georgia limited
liability company (“Grantee"), Grantee
as attorney-in-fact for Grantor, will sell
at public outcry to the highest bidder
for cash, between the legal hours of
sale before the door of the courthouse
in Monroe County, Georqia, on the
first (1st) Tuesday in July, 2011, the
followinq described property, to wit:
TRACT J:
ALL THAT TRACT OR PARCEL OF
LAND SITUATE, LYING AND BEING
IN EVERS DISTRICT OF MONROE
COUNTY, GEORGIA, CONTAINING
155 ACRES, MORE OR LESS, AND
BOUNDED NOW OR FORMERLY AS
FOLLOWS: NORTHERLY BY LANDS
OF O.B. SMITH; EASTERLY BY
LANDS OF MARIE VAUGHN;
SOUTHERLY BY ELBERT DAVIS
PLACE; AND WESTERLY BY BOSE
FAMBRO PLACE AND BY THE
LANDS OF DR. W.B. CHILDS.
BEING THE IDENTICAL PROPERTY
DESCRIBED IN A CERTAIN
WARRANTY DEED FROM MARIE
VAUGHN TO FRED VAUGHN, LEE
VAUGHN AND T.B. VAUGHN, DATED
JANUARY 19, 1950, AND
RECORDED IN DEED BOOK 56,
PAGE 359, MONROE COUNTY
RECORDS.ALSO BEING THE SAME
LANDS A. LEE VAUGHN RECEIVED
AN UNDIVIDED INTEREST IN PUR
SUANT TO THAT CERTAIN EX
ECUTOR'S DEED FROM JACK K.
FLETCHER, AS EXECUTOR AND AS
TRUSTEE U/W OF FRED VAUGHN,
DECEASED, DATED FEBRUARY 10,
1988, AND RECORDED IN DEED
BOOK 259, PAGES 122-123,
MONROE COUNTY RECORDS.
TRACT II:
ALL THAT TRACT OR PARCEL OF
LAND LYING AND BEING IN EVERS
DISTRICT, THE SEVENTH LAND
DISTRICT OF MONROE COUNTY,
GEORGIA, CONTAINING TWENTY
acres, More or less, and
BEING BOUNDED NOW OR
FORMERLY AS FOLLOWS:
NORTH BY LANDS OF FRED
VAUGHN, WEST BY LANDS OF
RAYBOUkN DAVIS; SOUTH BY
LANDS OF ERNEST DAVIS, JR.;
AND ON EAST BY THE TWENTY
ACRE TRACT OF LAND CONVEYED
BY CLEVELAND DAVIS TO ROSA
MAE JAMES BY DEED RECORDED
IN DEED BOOK 72, PAGE 425,
MONROE COUNTY RECORDS.
ALSO GRANTED HEREIN IS A FIFTY
FOOT EASEMENT IN WIDTH FOR
THE PURPOSE OF INGRESS AND
EGRESS TO AND FROM THE
ABOVE DESCRIBED TWENTY
ACRES, MORE OR LESS. TRACT OF
LAND. SAID EASEMENT BEING
LOCATED OVER AND ACROSS
LANDS OF JOHN A. DAVIS TO W.W.
KASULKA AND E.G. MCKINNEY
DATED JUNE 9, 1969, AND
RECORDED JULY 10, 1969, ON THE
DEED RECORDS OF MONROE
SUPERIOR COURT; SAID DEED
AND DESCRIPTION CONTAINED
THEREIN IS BY THIS REFERENCE
INCORPORATED HEREIN.
THIS IS THE SAME PROPERTY
CONVEYED TO JOHN A. DAVIS BY
ALBERTA ROSS BY WARRANTY
DEED DATED NOVEMBER 27, 1967,
AND RECORDED IN DEED BOOk
77, PAGE 116, MONROE COUNTY,
GEORGIA RECORDS.
THIS IS THE IDENTICAL PROPERTY
CONVYED IN THAT CERTAIN
WARRANTY DEED DATED
NOVEMBER 10, 1986 FROM W.W.
KASULKA TO SOUTHERN PINE
PLANTATIONS, INC., A GEORGIA
CORPORATION AND THE SAME IS
RECORDED IN DEED BOOK 230,
PAGE 221, IN THE OFFICE OF THE
CLERK OF THE SUPERIOR COURT
OF MONROE COUNTY. GEORGIA.
THIS IS ALSO THE SAME
PROPERTY AS THAT DEEDED TO A.
LEE VAUGHN FROM SOUTHERN
PINE PLANTATIONS, INC. BY
WARRANTY DEED DATED
NOVEMBER 5, 1988, AND
RECORDED IN DEED BOOK 278,
PAGE 98, MONROE COUNTY,
GEORGIA RECORDS.
TRACT III:
TRACT A
ALL THAT TRACT OR PARCEL OF
LAND LYING, SITUATE AND BEING
IN LAND LOTS 2 AND 3 OF THE 6TH
LAND DISTRICT OF MONROE
COUNTY, GEORGIA, CONTAINING
184.66 ACRES, MORE OR LESS, AS
SHOWN ON A BOUNDARY SURVEY
PREPARED FOR MICHAEL P. WEBB
BY STEVEN A. COLEMAN, GRLS
#2690, DATED JUNE 18, 19^9, AND
RECORDED IN PLAT BOOK 23,
PAGE 116, OFFICE OF CLERK,
MONROE SUPERIOR COURT. SAID
PLAT AND ITS DESCRIPTIVE DATA
ARE INCORPORATED HEREIN BY
REFERENCE TO SAME.
TRACT B:
ALL THAT TRACT OR PARCEL OF
LAND LYING, SITUATE AND BEING
IN LAND LOT 2 OF THE 6TH LAND
DISTRICT OF MONROE COUNTY,
GEORGIA, CONTAINING 5.419
ACRES, MORE OR LESS, AS
SHOWN ON PLAT OF SURVEY
PREPARED FOR MICHAEL P. WEBB
BY KENNETH E. PRESLEY, GRLS
#1327, DATED OCTOBER 20, 1987,
AND RECORDED IN PLAT BOOK 14,
PAGE 54A, OFFICE OF CLERK,
MONROE SUPERIOR COURT. SAID
PLAT AND ITS DESCRIPTIVE DATA
ARE INCORPORATED HEREIN BY
REFERENCE TO SAME.
TRACT IV:
ALL THAT TRACT OR PARCEL OF
LAND LYING, SITUATE AND BEING
IN LAND LOT 2 OF THE 6TH LAND
DISTRICT OF MONROE COUNTY,
GEORGIA, CONTAINING A TOTAL
OF 14 ACRES, BEING MORE
PARTICULARLY DESCRIBED AS
TRACT “A" WHICH CONTAINS 7
ACRES, AND TRACT “D” WHICH
CONTAINS 7 ACRES, ALL AS PER
PLAT OF SURVEY PREPARED FOR
DAVID F. GREEN DATED JUNE 12,
1986, AND RECORDED IN PLAT
BOOk 14, PAGE 65, OFFICE OF
CLERK, MONROE SUPERIOR
COURT. SAID PLAT AND ITS
DESCRIPTIVE DATA ARE
INCORPORATED HEREIN BY
REFERENCE TO SAME.
LESS AND EXCEPT:
ALL THAT TRACT OR PARCEL OF
LAND LYING, SITUATE AND BEING
IN LAND LOTS 2^3 AND 30 OF THE
6TH LAND DISTRICT OF MONROE
COUNTY, GEORGIA, BEING MORE
PARTICULARLY DESCRIBED AS
TRACT “A” CONTAINING 4.08
ACRES AND TRACT “B”
CONTAINING 76.21 ACRES, ALL
SHOWN ON THAT CERTAIN OPEN
SPACE BOUNDARY SURVEY PRE
PARED FOR RIATA (AN
EQUESTRIAN COMMUNITY) BY
LARRY SIBLEY SURVEYING, INC.,
DATED 08/08/2006. ALSO LESS AND
EXCEPT LOTS
8, 11, 12, 13, 25, 27, 28, 31, 33, 34,
37, 38, 39, 41, 42, 52, 59, 60, 61, 62,
63, 66, 81, 82, 83, 100, 109, 111, 119,
120, 123, 124, 125, 128, 129 AND 132.
Together with: (i) any and all
buildings, structures, improvements,
alterations or appurtenances now or
hereafter situated or to be situated on
the Land (collectively, the
“Improvements”), and (ii) all right, title
and interest of Grantor, now owned or
hereafter acquired, in and to (A) all
streets, roads, alleys, easements,
rights-of-way, licenses, rights of
ingress or egress, vehicle parking
rights and public places, existing or
proposed, abutting, adjacent, used in
connection with or pertaining to the
Land or the Improvements; (B) any
strips or gores between the Land and
abutting or adjacent properties; (C) all
options to purchase the Land or the
Improvements or any portion thereof
or interest therein, and any greater es
tate in the Land or the Improvements;
(D) all claims, actions and causes of
acfion, both in law and in equity, with
respect to the Land or the
Improvements; and (E) all water and
water rights, timber, crops and mineral
interests on or pertaining to the Land
(the Land, Improvements and other
rights, title and interests referred to in
this clause (a) being herein sometimes
collectively called the “Premises”); (b)
all fixtures, equipment, systems,
machinery, furniture, furnishings,
appliances, inventory, goods, building
and construction materials, supplies,
and articles of personal property, of
every kind and character, tangible and
intangible (including software
embedded therein), now owned
or hereafter acquired by Grantor,
which are now or hereafter attached to
or situated in, on or about the Land or
the Improvements, or used in or
necessary to the complete and proper
planning, development, use, occupan
cy or operation thereof, or acquired
(whether delivered to the Land or
stored elsewhere) for use or
installation in or on the Land or the
Improvements, and all renewals and
replacements of, substitutions for and
additions to the foregoing (the
properties referred to in this clause (b)
being herein sometimes collectively
called the “Accessories” all of which
are hereby declared to be permanent
accessions to the Land); (c) all (i)
plans and specifications for the Im
provements, (ii) Grantor's rights, but
not liability for any breach by Grantor,
under all contracts for the purchase
and sale of the Property (hereafter
defined) or any part thereof and all
commitments (Including any commit
ments for financing to pay any of the
Secured Indebtedness, as defined
below), insurance policies (or
additional supplemental coverage
related thereto, including from an
insurance provider meeting the
requirements of the Loan Documents
or from or through any state or federal
government sponsored program or
entity), contracts and agreements for
the design, construction, operation or
inspection of the Improvements and
other contracts and general intangibles
[including but not limited to payment
intangibles, trademarks, trade names,
goodwill, software and symbols)
related to the Premises or the
Accessories or the operation thereof;
(iii) deposits and deposit accounts aris
ing from or related to any transactions
related to the Premises or the
Accessories (including but not limited
to Grantor's rights in tenants' security
deposits with respect to utility services
to the Premises, and any deposits, de
posit accounts or reserves hereunder
or under any other loan documents
[hereinafter defined) for taxes,
insurance or otherwise), rebates or
refunds of impact fees or other taxes,
assessments or charges, money,
accounts (including deposit accounts),
instrumenis, documents, promissory
notes and chattel paper (whether
tangible or electronic) arising from or
by virtue of any transactions related to
the Premises or the Accessories, and
any account or deposit account from
which Borrower may from time to time
authorize Grantee to debit and or
credit payments due with respect to
the loan; (iv) permits, licenses,
franchises, certificates, development
rights, commitments and rights for
utilities, and other rights and privileges
obtained in connection with the
Premises or the Accessories; (v)
leases, rents, royalties, bonuses,
issues, profits, revenues and other
benefits of the Premises and the
Accessories; (vi) fees, charges,
accounts or other payments for the
use or occupancy of rooms or other
public facilities of the Premises; (vii)
as-extracted collateral produced from
or allocated to the Land including,
without limitation, oil, gas and other
hydrocarbons and other minerals and
all products processed or obtained
therefrom, ana the proceeds thereof;
and (viii) engineering, accounting, title,
legal, and other technical or business
data concerning the Property which
are in the possession of Grantor or in
which Grantor can otherwise grant a
security interest; and (d) all (i)
accounts and proceeds (cash or non
cash and including payment
intangibles) of or arising from the
properties, rights, titles and interests
referred to above, including but not
limited to proceeds of any sale, lease
or other disposition thereof, proceeds
of each policy of insurance (or
additional or supplemental coverage
related thereto, including from an
insurance provider meeting the
requirements of the loan documents or
from or through any state or federal
government sponsored program or
entity) relating thereto (including
premium refunds), proceeds of the
taking thereof or of any rights
appurtenant thereto, including change
of grade of streets, curb cuts or other
rights of access, by condemnation,
eminent domain or transfer in lieu
thereof for public or quasi-public uses
under any law, and proceeds arising
out of any damage thereto; (ii) all letter
of credit rights (whether or not the
letter of credit is evidenced by a
writing) Grantor now has or hereafter
acquires relating to the properties,
rights, titles and interests referred to;
(in) all commercial tort claims Grantor
now has or hereafter acquires relating
to the properties, rights, titles ana
interests referred to herein; and (iv)
other interests of every kind and char
acter which Grantor now has or
hereafter acquires in, to or for the
benefit of the properties, rights, titles
and interests referred to herein and all
property used or useful in connection
herewith, including but not limited to
rights of ingress and egress and
remainders, reversions and
reversionary rights or interests; and if
the estate of Grantor in any of the
property referred to herein is a
leasehold estate, this conveyance shall
include, and the title, lien and security
interest created hereby shall encumber
and extend to, all other or additional
title, estates, interests or rights which
are now owned or may hereafter be
acquired by Grantor in or to the
property demised under the lease
creating the leasehold estate; the
foregoing rights, interests and
properties, and all rights, estates,
powers and privileges appurtenant
thereto (herein collectively called the
“Property”), subject to the Permitted
Encumbrances (hereinafter defined).
The Deed to Secure Debt bing
given to secure: (a) Promissory Note
from Grantor to Firstbank dated August
6 2004 in the original principal amount
of Four Million Four Hundred Seventy-
Six Thousand Nine Hundred Sixty-
Five and 00/100ths Dollars
($4,476,965.00) (the "Note"); and (b)
such other indebtedness of Grantor to
Grantee as is described in the Deed to
Secure Debt (the “Secured
Indebtedness”).
To the best of the undersigned's
knowledge and belief, the current owner
of the Property is Grantor, and the
party in possession of the Property is
Grantor.
Due to the occurrence of the
default under the Note and Deed to
Secure Debt, the payment of the entire
indebtedness evidenced by the Note
and secured by the Deed to Secure
Debt has been accelerated and has
been declared due and payable in full.
However, such payment not having
been made, the Deed to Secure Debt
became and is now foreclosable, and
the Property shall be sold at public
outcry pursuant to the terms of the
power of sale provided in the Deed to
Secure Debt, for the purposes of
satisfying the amount due upon said
Note and all sums secured by said
Deed to Secure Debt.
The proceeds of said sale shall
be applied, in whatever order Grantee
in its sole discretion may decide, to the
expenses of the sale and of all
proceedings in connection therewith,
including reasonable attorneys' fees, to
the payment of insurance premiums,
liens, assessments, taxes and
charges including utility charges
advanced by Grantee, to payment
of the outstanding principal balance of
the indebtedness, to the accrued
interest on all of the foregoing; and the
remainder if any, shalf be paid to
Grantor, or to the person or entity
lawfully entitled thereto.
Said property will be sold as the
property of the Grantor subject to all
unpaid property taxes, liens,
assessments, restrictions, restrictive
covenants, rights of way, and
easements of record which have
priority over the Security Deed, if any,
including, without limitation, the
following ("Permitted Encumbrances”):
1. All taxes for the year 2011 and
subsequent years, not yet due and
payable. Any additional taxes, interest
and/or penalties which may be
assessed for prior tax years by virtue
of adjustment, reappraisal,
ressessment, appeal or other
amendment to the tax records of the
city or county in which the subject
property is located.
2. Those Covenants and Restrictions
appearing of record in Monroe County
in Deed Book 1063, Page 148, as may
be amended and/or restated. These
Covenants create mandatory Home
owner's dues in a Planned Unit
Development (PUD).
3. All matters disclosed on that certain
plat filed in Plat Book 1021, Page 224,
Monroe County, Georgia records.
The sale will be conducted subject
(1) to confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code and (2) to final confirmation ana
audit of the status of the loan with the
holder of the Deed to Secure Debt.
RES-GA SCI, LLC, a Georgia limited
liability company, as Attorney-in-Fact
for STANDARD PROPERTIES, INC.
Eric L. Weiss
Schulten, Ward & Turner, LLP
260 Peachtree Street, #2700
Atlanta, Georgia 30303
(404) 688-6800
This law firm is attempting to
COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
Miscellaneous
11-328
NOTICE OF PROPOSED
ORDINANCE OF THE MAYOR AND
COUNCIL OF THE CITY OF
FORSYTH PROVIDING FOR
CERTAIN AMENDMENTS TO
CHAPTER 23 (“UTILITIES’’) OF THE
CITY CODE INCLUDING BUT NOT
LIMITED TO ARRANGEMENTS FOR
PAYMENTS
Notice is hereby given that the
Mayor and Council of the City of
Forsyth, at 7:00 PM. on the 5th day of
July, 2011, or as soon thereafter as the
matter may be reached, at City Hall
Council Chambers, will consider and a
public hearing will be held with regard
to an ordinance to amend Chapter 23
of the Code of the City of Forsyth to
amend Section 23-120(c)(3) with
regard to arrangements for payments,
and for other purposes related thereto.
A copy of the propose ordinance is
available for inspection by the public at
the office of the Clerk of the City of
Forsyth at City Hall during normal
business hours.
This 17th day of May, 2011.
MAYOR AND COUNCIL OF THE
CITY OF FORSYTH
175
Public Hearings
11-327
PUBLIC HEARING
An application has been filed with
Monroe County for a variance to the
Zoning Ordinance to allow a
nonconforming lot. This property
is zoned Agricultural and is located
on Peebles Drive (0310024J). The
Planning and Zoning Board will hold
a Public Hearing July 11, 2011 at
5:30 pm. The Board of
Commissioners will hold a Public
Hearing on July 19, 2011 during the
regularly scheduled meeting that
begins at 6:00 pm. These meetings
are held at 38 West Main Street,
Forsyth. For more information,
please contact Anita Buice, County
Clerk/Administrator at 478-994-7000.
11-321
NOTICE OF PUBLIC
HEARING/CITY OF
FORSYTH/VARIANCE
APPLICATION
notice is hereby given that the
Mayor and Council of the City of
Forsyth, at 7:00 PM on the 5th day of
July, 2011, or as soon thereafter as
the matter may be reached, at City
Hall Council Chambers, will conduct
a public hearing and consider the
application of George Willis, Jr. for a
variance in an R-3 Zoning District
(Residential, Detached Single
Family, Moderate-Density District)
for tne construction of not more
than three two-family dwellings
(duplexes) with adequate set
backs and separation between
units, and other related purposes,
on Lots 32, 33, 34 and 35 of
Block “A” of Hillcrest Subdivision
in the City of Forsyth.
The property as to which the
variance application relates is
designated as Parcels 5, 6, 7 and
8 on Monroe County Tax Map
F11, and located on Willis-Wilder
Drive. The owner of the property
is George Willis, Jr.
The current zoning of the prop
erty at the date of application for
the variance is R-3, and the zon
ing designation of tne property will
otherwise remain unchanged.
The public hearing will be con
ducted in accordance with the
procedures as set out in the Zoning
Ordinance of the City of Forsyth.
This 23rd day of May, 2011.Mayor
and Council of the City of Forsyth
Probate Court
11-298
NOTICE
GEORGIA, MONROE COUNTY
PROBATE COURT
TO: Whom It May Concern:
The petition of THOMAS LEE
MASON, for a year’s support from
the estate of NECIA H. MASON,
deceased, for decedent’s surviv
ing spouse having been duly filed,
all interested persons are hereby
notified to show cause, if any they
have, on or before JULY 5, 2011
(5) 10:00 AM, why said petition
should not be granted.
All objections to the petition
must be in writing setting for the
grounds of any such objections,
and must be filed on or before the
time stated in the preceding sen
tence. All pleadings/objections
must be signed before a notary
public or before a probate court
clerk, and filing fees must be ten
dered with your pleadings/objec
tions, unless you qualify to file as
an indigent party. Contact probate
court personnel at the following
address/telephone number for the
required amount of filing fees. If
any objections are filed, a hearing
will be scheduled at a later date. If
no objections are filed, the peti
tion may be granted without a
hearing.
KAREN H. PITMAN
PROBATE JUDGE
By: JANET E. HENCELY
PROBATE CLERK/DEPUTY
CLERK
PO BOX 187
MAIN STREET
FORSYTH, GA 31029
478-994-7636
11-302
NOTICE
PROBATE COURT OF MON
ROE COUNTY
RE: PETITION OF CAROLYN
SCOTT AMBROSE TO PRO
BATE IN SOLEMN FORM THE
WILL OF GLADYS C. BENJA
MIN, DECEASED, UPON WHICH
AN ORDER FOR SERVICE WAS
GRANTED BY THIS COURT ON
JUNE 2, 2011.
TO: VALERIE BATES and all
and singular the heirs of said de
cedent, and to whom it may con
cern:
This is to notify you to file objec
tion, if there is any, to the above
referenced petition, in this Court
on or before July 5, 2011 @
10:00 a.m. All objections to the
petition must be in writing, setting
forth the grounds of any such ob
jections. If any objections are
filed, a hearing will be scheduled
at a later date. If no objections are
filed, the petition may be granted
without a hearing.
WITNESS, the Honorable Karen
H. Pitman, Judge
By: Donna Robins
CLERK, PROBATE COURT OF
MONROE COUNTY
11-331
NOTICE
(For Discharge from Office and
all Liability)
PROBATE COURT OF MONROE
COUNTY
RE: PETITION OF CAROLYN R.
CROKER, EDNA R. YOUNG,
EDITH R. HARRISON, ANNE R.
MELTON, RICHARD CHARLES
ROQUEMORE, AND WILLIAM
FLETCHER ROQUEMORE FOR
DISCHARGE AS EXECUTORS
OF THE ESTATE OF WILLIAM
C. ROQUEMORE, DECEASED.
TO: All and singular the heirs of
said decedent, the beneficiaries
under the Will, and to whom it
may concern:
This is to notify you to file objec
tion, if there is any, to the above
referenced petition, in this Court
on or before July 5, 2011 @
10:00 a.m.
BE NOTIFIED FURTHER: All
objections to the petition must be
in writing setting forth the grounds
of any such objections. All plead
ings/objections must be signed
before a notary public or before a
probate court clerk, and filing fees
must be tendered with your plead
ings/objections, unless you qualify
to file as an indigent party. Con
tact probate court personnel at
the following address/telephone
number for the required amount
of filing fees. If any objections are
filed, a hearing will be scheduled
at a later date. If no objections are
filed, the petition may be granted
without a hearing.
/s/Karen H. Pitman
PROBATE JUDGE
By: Renee Ralls
PROBATE CLERK/DEPUTY
CLERK
PO Box 187
Forsyth, GA 31029
478-994-7036
11-333
NOTICE
GEORGIA, MONROE COUNTY
PROBATE COURT
TO: (any heir whose current ad
dress is unknown)
TIFFANY J. DOWNS has peti
tioned to be appointed Adminis
trator of the estate of SHERRY C.
PRICE, deceased, of said Coun
ty. (The petitioner has also ap
plied for waiver of bond and/or
grant of certain powers contained
in O.C.G.A. §53-12-232.) All inter
ested parties are hereby notified
to show cause why said petition
should not be granted. All objec
tions to the petition must be in
writing, setting forth the grounds
of any such objections, and must
be filed with the court on or before
August 8, 2011 @ 10:00 AM. All
pleadings/objections must be
signed before a notary public or
before a probate court clerk, and
filing fees must be tendered with
your pleadings/objections, unless
you qualify to file as an indigent
party. Contact probate court per
sonnel at the following
address/telephone number for the
required amount of filing fees. If
any objections are filed, a hearing
will be scheduled at a later date. If
no objections are filed, the peti
tion may be granted without a
hearing.
KAREN H PITMAN
PROBATE JUDGE
By: JANET E. HENCELY
PROBATE CLERK/DEPUTY
CLERK
PO Box 187
Monroe County Courthouse
Forsyth, GA 31029
478-994-7036
11- 334
NOTICE
GEORGIA, MONROE COUNTY
PROBATE COURT
TO: (any heir whose current ad
dress is unknown)
TIFFANY J. DOWNS has peti
tioned TIFFANY J. DOWNS to
be appointed Administrator of the
estate of ALANA KIMBALL
PRUIETT, deceased, of said County.
(The petitioner has also applied for
waiver of bond and/or grant of certain
powers contained in O.C.G.A. §53-
12- 232.) All interested parties are
hereby notified to show cause why
said petition should not be granted.
All objections to the petition must be
in writing, setting forth the grounds
of any such objections, and must
be filed with the court on or before
August 8, 2011 @ 10:00 AM. All
pleadings/objections must be signed
before a notary public or before a
probate court clerk, and filing fees
must be tendered with your
pleadings/objections, unless you
qualify To file as an indigent party.
Contact probate court personnel at
the following address/telephone
number for the required amount of
filing fees. If any objections are filed,
a hearing will be scheduled at a later
date. If no objections are filed, the
petition may be granted without a
hearing.
KAREN H PITMAN
PROBATE JUDGE
By: JANET E. HENCELY
PROBATE CLERK/DEPUTY
CLERK
PO Box 187
Monroe County Courthouse
Forsyth, GA 31029
478-994-7036