Newspaper Page Text
Reporter
Rage 8B, JUly 13, 2011
Classified Ads/Public Notices
Deadline:
Friday, 12 noon
478-994-2358
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
150
Sale Under Power
11-372
NOTICE OF SALE UNDER POWER
By virtue of the power of sale con
tained in a Deed to Secure Debt
by John D. Holland and Anna D.
Holland to Mortgage Electronic
Registration Systems, Inc.
("IVfERS") as nominee for Con
corde Acceptance Corporation,
dated July 15, 2005 and filed for
record July 18, 2005 in Deed
Book 1061, Page 149, Monroe
County, Georgia records, and se
curing a Note in the original prin
cipal amount of $100,000.00; last
transferred to CitiMortgage, Inc.
by Assignment filed for record De
cember 17, 2010, in Deed Book
1431, Page 71, 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
gal hours of sale on the first Tues
day in August, 2011, by CitiMort
gage, Inc. as Attorney-in-Fact for
John D. Holland and Anna D. Hol
land the following property to-wit:
ALL THAT TRACT or par
cel of land lying and being in Land
Lot 20 of the 14th Land District of
Monroe County, Georgia, con
taining 3.86 acres, and being
known and designated as Parcel
2, according to that certain plat of
survey entitled "A Boundary &
Partitioning Survey for Sara
Shannon Fishback, prepared by
Hugh W. Mercer, Jr., Surveyor,
dated June 11, 1997, and record
ed in Plat Book 21, Page 291,
Clerk's Office, Monroe Superior
Court, which plat is by this refer
ence incorporated herein and
made a part of this description.
ALSO CONVEYED is a one-half
(?) undivided interest in and to
that certain 30 foot private road
0.37 acre, as shown on the
above-referenced plat of survey.
The above described property is
also known as 602 Old Cabaniss
Road, Forsyth, GA 31029.
The indebtedness secured
by said Deed to Secure Debt hav
ing been declared due and paya
ble because of default in the pay
ment of the indebtedness secured
thereby, this sale will be made for
the purpose of paying the same
and all expenses of sale, includ
ing attorney 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, securi
ty deeds, or encumbrances of re
cord; all valid zoning ordinances;
matters which would be disclosed
by an accurate survey of the
property or by any inspection of
the property; all outstanding tax
es, assessments, unpaid bills,
charges, and expenses that are a
lien against the property whether
due and payable or not yet due
and payable.
To the best of the undersigned's
knowledge and belief, possession of
the subject property is held by John
D. Holland and Anna D. Holland a/k/a
Anna P Holland.
Pursuant to O.C.G.A. § 44-14-
162.2, the name, address and
telephone number of the individual or
entity who shall have the full authority
to negotiate, amend or modify all
terms of the above described
mortgage is as follows:
CitiMortgage, Inc.
5280 Corporate Drive
Attn: Default Mail Services
Frederick, MD 21703
Phone: HAT Program: 866-272-4749
Fax: 866-989-2089 or 866-989-2088
The foregoing notwith
standing, nothing in O.C.G.A. §
44-14-162.2 shall be construed to
require CitiMortgage, Inc. to ne
gotiate, amend or modify the
terms of the Deed to Secure Debt
described herein.
CitiMortgage, Inc.
as Attorney-in-Fact for
John D. Holland and Anna D. Holland
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 PURPOSE.
11-364
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA,
COUNTY OF MONROE
Under and by virtue of the pow
er of sale contained in that certain
Security Deed from Dean F.
Huckeba and Betty L. Huckeba
(hereafter collectively the “Gran
tor”) to and in favor of First Geor
gia Community Bank (“Lender”)
that is dated January 10, 2007,
and that was recorded on January
24, 2007 in Deed Book 1187, Pa
ges 41-45, Monroe County, Geor
gia public records as modified as
of May 29, 2007 by Deed to Se
cure Debt Modification recorded
in Deed Book 1218, Page 282,
aforesaid records and as further
modified by Deed to Secure Debt
Modification dated September 7,
2007 and recorded in Deed Book
1242, Page 340, aforesaid re
cords, as thereafter transferred
and assigned by the Federal De
posit Insurance Corporation, as
Receiver for the Lender to FH
Partners LLC, a Texas limited lia
bility company (the “Assignee”),
pursuant to the Assignment of
Loan and Liens (the “Assign
ment”) recorded on June 22, 2009
in Deed Book 1356, Pages 264-
266, aforesaid records (as as
signed and as subsequently
modified the “Security Deed ) that
was given to secure that certain
Promissory Note dated January
10, 2007, from the Grantor to ana
in favor of the Lender in the origi
nal principal amount of SIX HUN
DRED FIFTY THOUSAND AND
00/100 ($650,000.00) DOLLARS,
plus interest on the unpaid bal
ance until paid and other indebt
edness as provided for therein (as
the same was modified and as
signed by the Assignment and
was thereafter subsequently
modified the ANote@), the said
Security Deed and Note were fur
ther modified on August 9, 2010
by the Renewal Agreement that is
recorded in Deed Book 1428, Pa
ges 175-180, aforesaid records,
there will be sold by the under
signed Assignee as agent and at-
torney-in-facl for the Grantor by
public outcry to the highest bidder
for cash before the Courthouse
door in Monroe County, Georgia,
during the legal hours of sale on
the first Tuesday in August 2011,
to wit: August 2, 2011 the follow
ing described land and improve
ments (hereafter collectively refer
red to as the “Premises”), to wit:
ALL THAT TRACT OR PARCEL OF
LAND, TOGETHER WITH ALL
IMPROVEMENTS LOCATED
THEREON, SITUATE, LYING AND
BEING IN LAND LOT 136 OF THE
FOURTH LAND DISTRICT, 523RD
(HIGH FALLS) GEORGIA MILITIA
DISTRICT, MONROE COUNTY,
GEORGIA, BEING IDENTIFIED AS
PARCEL 1, CONTAINING 0.970
ACRE AND PARCEL 2, ONTAINING
1.000 ACRE, ACCORDING TO THAT
CERTAIN PLAT OF SURVEY DATED
JANUARY 18, 2006, AS REVISED
OCTOBER 16, 2006, ENTITLED, “A
BOUNDARY & PARTITIONING
SURVEY FOR: DEAN F. HUCKEBA
AND BETTY L. HUCKEBA”, AS
PREPARED BY MERCER LAND
SURVEYING, INC., HUGH W.
MERCER, JR., GRLS #1890, AND
BEING RECORDED IN PLAT BOOK
28, PAGE 262, OFFICE OF THE
CLERK, MONROE COUNTY,
GEORGIA RECORDS. SAID PLAT
AND ITS DESCRIPTIVE DATA ARE
INCORPORATED HEREIN BY
REFERENCE TO SAME
The indebtedness secured by
the Security Deed has been ana
is hereby declared due because
of the Grantor’s default under the
terms of the Note and Security
Deed, including, among other
things, the failure to pay the in
debtedness evidenced by the
Note and secured by the Security
Deed when due. The in
debtedness remaining in default,
the Security Deed has therefore
become and is now foreclosable
according to its terms.
Accordingly, the Premises will
be sold by public outcry pursuant
to the power of sale for the pur
pose of paying all sums secured
by the Security Deed and all ex
penses of the sale, including at
torney fees (notice of intent to col
lect attorney fees having been
given) and the remainder, if any,
will be paid to the person or per
sons legally entitled thereto as
provided for in the Note and the
Security Deed. Said Premises
will be sold as the property of the
Grantor, subject to any outstand
ing ad valorem taxes and/or as
sessments (including taxes which
are a lien but are not yet due and
payable), possible redemptive
rights of the Internal Revenue
Service, if any, any matters which
might be disclosed by an accurate
survey and inspection of the
Premises and any assessments,
liens, encumbrances, zoning ordi
nances, restrictions, covenants,
and matters of record superior to
the Security Deed.
To the best of the under
signed’s knowledge and belief,
the Premises is presently owned
by Dean F. Huckeba and Betty L.
Huckeba, and the party or parties
in possession of the Premises is
either the Grantor, or tenants
holding under the Grantor.
FH Partners LLC, a Texas limited
liability company as Assignee of
the Federal Deposit Insurance
Corporation, as Receiver for First
Georgia Community Bank, as
agent and Attorney-in-Fact for
Dean F. Huckeba and Betty L.
Huckeba.
Ira L. Rachelson, Esq.
Rachelson & White
Three Ravinia Drive, Suite 1875
Atlanta, GA 30346
(678) 990-5220
THIS LAW FIRM IS ATTEMPTING
TO COLLECT A DEBT, AND ANY
INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
11-366
NOTICE OF SALE UNDER POWER
GEORGIA, MONROE COUNTY
On October 31, 2007, BRENDA
M. JONES delivered to ROBINS
FEDERAL CREDIT UNION a certain
security deed containing power of
sale in order to secure indebtedness
therein recited in the principal amount
of $68,000.00, as shown by the record
of same in Deed Book 1254 Pages 85-
98 of the Public Records of Monroe
County, Georgia conveying the following
property, to wit:
All that tract or parcel of land lying
and being in Land Lot 80 of the
12th Land District of Monroe
County, Georgia, and being des
ignated as Lot 9, containing 7.45
acres, Montpelier Springs, Phase
2 as shown on a plat of a subdivi
sion survey thereof, made by
Price S. Halligan, Jr., Georgia
Registered Land Surveyor No.
2516, dated February 1, 1996 and
recorded in Plat Book 21, Page
15, Clerk's Office, Monroe Superi
or Court, which plat by this refer
ence thereto is incorporated here
in for a more particular and accu
rate description of said property.
Said property is conveyed subject
to the Declaration of Restrictive
Covenants for Montpelier Springs,
Phase 2, dated March 8, 1996
and recorded in Deed Book 484,
Page 228, Clerk's Office, Monroe
Superior Court.
The above described property is
the same property as that conveyed
to Carl T. Davis and Brenda M. Davis
by Deed of record in Deed Book 492,
Page 349, Clerk's Office, Monroe
Superior Court.
This security deed was execut
ed to secure a debt evidenced by
a note, and the amount and terms
and conditions of the debt are
shown in the security deed.
The debt secured by this securi
ty deed has been and is hereby
declared due because of, among
possible events of default, non
payment of the monthly install
ments of said loan.
THEREFORE, according to the
terms of this security deed and
the applicable law, the under
signed will, after proper advertise
ment, sell the above described
property to the highest bidder, for
cash, on Tuesday, August 2,
2011 during the legal hours of
sale before the Courthouse door
in Monroe County, Georgia. This
property will be sold as the prop
erty of Brenda M. Jones and the
sale will be subject to the follow
ing: Any outstanding ad valorem
taxes (including taxes which are
liens, whether or not due and pay
able), any matters which might be
disclosed by an accurate survey
and inspection of the property,
any assessments, liens, encum
brances, zoning ordinances, re
strictions, covenants, and matters
of record superior to the security
deed first set out above. The pro
ceeds of the sale will be used first
to the payment of the debt to the
undersigned, including principal,
interest, attorneys fees and ex
penses, and the balance, if any,
will be distributed as provided by
law. Robins Federal Credit Union
as loan servicer is the only entity
with the authority to negotiate,
amend and modify the terms of
the Note and Security Deed. Rob
ins Federal Credit Union's ad
dress is 803 Watson Boulevard,
Warner Robins, Georgia 31095.
Robins Federal Credit Union may
be contacted by telephone at 934-
3773. To the best knowledge and
belief of the undersigned, the
roperty is now in possession of
renda m. Jones. This communi
cation is from a debt collector.
ROBINS FEDERAL
CREDIT UNION
Attorney in fact for
Brenda M.Jones
Kirby R. Moore
Attorney at Law
961 Walnut Street
Macon, GA 31201
(478) 743-7026
11-367
STATE OF GEORGIA
COUNTY OF MONROE
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power
of sale contained in that certain
Deed to Secure Debt from Rare-
ques Pennington to Mortgage
Electronic Registration Systems,
Inc. in the original principal
amount of $91,200.00 dated
11/29/2005, and recorded in
Deed Book 1101, page 144, Mon
roe County records, said Security
Deed being last transferred ana
assigned to US Bank Trust Na
tional Association as Trustee of
LSF7 NPL VI Trust, the under
signed will sell at public outcry to
the highest bidder for cash before
the Courthouse door in said
County, during the legal hours of
sale, on the first Tuesday of Au
gust, 2011 by US Bank trust Na
tional Association as Trustee of
LSF7 NPL VI Trust, as Attorney-
in-Fact for Rareques Pennington
the following described property:
All that tract or parcel of land lying
and being in Land Lot 148 of the
6th District, Monroe County,
Georgia, being Lot 45, Block A, of
Hillcrest Subdivision, as per plat
thereof recorded in Plat Book 4,
page 50, Monroe County, Georgia
Records, which recorded plat is
incorporated herein by reference
and made a part of this description.
Property known as: 429 Willis
Wilder Drive, Forsyth, GA 31029
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 purposes of paying the same
and all expenses of sale, includ
ing attorney's fees, (notice having
been given as provided by law).
The property will be sold as the
property of The Aforesaid Gran
tors subject to the following:
(1) all prior restrictive cove
nants, easements, rights-of-way
or encumbrances; (2) all valid zoning
ordinances; (3) matters which would
be disclosed by an accurate survey
of the property; (4) the outstanding
ad valorem taxes and assessments,
if any; (5) unpaid water and sewage
bills, that constitute liens against
the property, whether due and
payable or not yet due and payable;
and (6) matters of record superior to
the security deed first set out above.
Pursuant to O.C.G.A. Section 44-
14-162.2 the name of the person
or entity who has the full authority
to negotiate, amend, or modify
the terms of the aforementioned
indebtedness is:
Vericrest Financial, Inc.
715 S. Metropolitan Avenue
Oklahoma City, OK 73108
PHONE: 800-621-1437
Nothing contained in this Notice
of Safe shall obligate Lender to
negotiate, amend or modify said
indebtedness.
To the best of the undersigned's
knowledge and belief, the party in
possession is Rareques Penning
ton.
US Bank Trust National Associa
tion as Trustee of LSF7 NPL VI
Trust, as Attorney-in-fact for Rar
eques Pennington.
This law firm is acting as a debt
collector attempting to collect a
debt, any information obtained will
be used for that purpose.
Pendergast & Associates, PC.
South terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
Phone - (770) 392-0398
Toll Free - (866) 999-7088
www.penderlaw.com
Our File No. 11-06615
11-368
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF MONROE
Under and by virtue of the pow
er of sale contained in the Deed
to Secure Debt from STANDARD
PROPERTIES, INC. (“Grantor") to
FIRSTBANK OF HENRY COUN
TY (now known as FIRSfBANK
FINANCIAL SERVICES) (“First-
bank”), dated August 6, 2004,
filed August 11, 2004, recorded at
Deed Book 983, Page 167, Mon
roe County, Georgia records (the
"Deed to Secure Debt"); as trans
ferred and assigned from the
FEDERAL DEPOSIT INSUR
ANCE CORPORATION (“FDIC”),
as receiver of Firstbank, to MUL
TIBANK 2009-1 RES ADC VEN
TURE, LLC, a Delaware limited li
ability company, as subsequently
transferred ana assigned to RES-
GA SCI, LLC, a Georgia limited li
ability company (“Grantee”),
Grantee as attorney-in-fact for
Grantor, will sell at public outcry
to the highest bidder for cash, be
tween the legal hours of sale be
fore the door of the courthouse in
Monroe County, Georgia, on the
first (1st) Tuesday in August,
2011, the following described
property, to wit:
TRACT I:
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 SEV
ENTH LAND DISTRICT OF
MONROE COUNTY, GEORGIA,
CONTAINING TWENTY ACRES,
MORE OR LESS, AND BEING
BOUNDED NOW OR FORMER
LY AS FOLLOWS:
NORTH BY LANDS OF FRED
VAUGHN; WEST BY LANDS OF
RAYBOURN DAVIS; SOUTH BY
LANDS OF ERNEST DAVIS, JR.;
AND ON EAST BY THE TWEN
TY 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 WAR
RANTY 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, 1999, 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 RE
CORDED 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, GEOR
GIA, BEING MORE PARTICU
LARLY 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, improve
ments, alterations or appurtenan
ces now or hereafter situated or
to be situated on the Land (collec
tively, 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 pro
posed, 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 pur
chase the Land or the Improve
ments or any portion thereof or in
terest therein, and any greater es
tate in the Land or the Improve
ments; (D) all claims, actions and
causes of action, both in law and
in equity, with respect to the Land
or the Improvements; and (E) all
water ana water rights, timber,
crops and mineral interests on or
pertaining to the Land (the Land,
Improvements and other rights, ti
tle and interests referred to in this
clause (a) being herein some
times collectively called the
“Premises”); (b) all fixtures, equip
ment, systems, machinery, furni
ture, furnishings, appliances, in
ventory, goods, building and con
struction 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 at
tached to or situated in, on or
about the Land or the Improve
ments, or used in or necessary to
the complete and proper plan
ning, development, use, occupan
cy or operation thereof, or ac
quired (whether delivered to the
Land or stored elsewhere) for use
or installation in or on the Land or
the Improvements, and all renew
als ana replacements of, substitu
tions for and additions to the fore
going (the properties referred to in
this clause (b) being herein some
times collectively called the “Ac
cessories” all of which are hereby
declared to be permanent acces
sions 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 commit
ments (including any commit
ments for financing to pay any of
the Secured Indebtedness, as de
fined below), insurance policies
(or additional supplemental cover
age related thereto, including
from an insurance provider meet
ing the requirements of the Loan
Documents or from or through
any state or federal government
sponsored program or entity),
contracts ana agreements for the
design, construction, operation or
inspection of the Improvements
ana other contracts and general
intangibles (including but not limit
ed to payment intangibles, trade
marks, trade names, goodwill,
software and symbols) related to
the Premises or the Accessories
or the operation thereof; (iii) de
posits and deposit accounts aris
ing from or related to any transac
tions related to the Premises or
the Accessories (including but not
limited to Grantor's rights in ten
ants' security deposits with re
spect to utility services to the
Premises, and any deposits, de
posit accounts or reserves here
under 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 (in
cluding deposit accounts), instru
ments, documents, promissory
notes and chattel paper (whether
tangible or electronic) arising from
or by virtue of any transactions re
lated to the Premises or the Ac
cessories, and any account or de
posit account from which Borrow
er may from time to time author
ize Grantee to debit and or credit
payments due with respect to the
loan; (iv) permits, licenses,
franchises, certificates, develop
ment rights, commitments and
rights for utilities, and other rights
and privileges obtained in con
nection with the Premises or the
Accessories; (v) leases, rents,
royalties, bonuses, issues, profits,
revenues and other benefits of
the Premises and the Accesso
ries; (vi) fees, charges, accounts
or other payments for the use or
occupancy of rooms or other pub
lic facilities of the Premises; (vii)
as-extracted collateral produced
from or allocated to the Land in
cluding, without limitation, oil, gas
and other hydrocarbons and other
minerals and all products proc
essed or obtained therefrom, and
the proceeds thereof; and (viii)
engineering, accounting, title, le
gal, and other technical or busi
ness data concerning the Proper
ty which are in the possession of
Grantor or in which Grantor can
otherwise grant a security inter
est; 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, pro
ceeds of each policy of insurance
(or additional or supplemental
coverage related thereto, includ
ing from an insurance provider
meeting the requirements of the
loan documents or from or
through any state or federal gov
ernment 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 here
after acquires relating to the prop
erties, rights, titles and interests
referred to; (iii) all commercial tort
claims Grantor now has or here
after acquires relating to the prop
erties, rights, titles and interests
referred fo herein; and (iv) other
interests of every kind ana char
acter which Grantor now has or
hereafter acquires in, to or for the
benefit of the properties, rights, ti
tles and interests referred to here
in and all property used or useful
in connection herewith, including
but not limited to rights of ingress
and egress and remainders, re
versions and reversionary rights
or interests; and if the estate of
Grantor in any of the property re
ferred to herein is a leasehold es
tate, this conveyance shall in
clude, and the title, lien and se
curity 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 ac
quired 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 appurten
ant thereto (herein collectively
called the “Property’’}, subject to
the Permitted Encumbrances
(hereinafter defined).
The Deed to Secure Debt be
ing given to secure: (a) Promisso
ry Note from Grantor to Firstbank
dated August 6, 2004 in the origi
nal principal amount of Four lUil-
lion 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 descri
bed 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 evi
denced 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 hav
ing been made, the Deed to Se
cure Debt became and is now
foreclosable, and the Property
shall be sold at public outcry pur
suant to the terms of the power of
sale provided in the Deed to Se
cure 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, shall "be paid to
Grantor, or to the person or entity
lawfully entitled thereto.
Said property will be sold as
the property of the Grantor sub
ject to all unpaid property taxes,
liens, assessments, restrictions,
restrictive covenants, rights of
way, and easements of record
which have priority over the Se
curity 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, re
assessment, appeal or other
amendment to the tax records of the
city or county in which the subject
property is located.
2. Those Covenants and Restric
tions appearing of record in Mon
roe County in Deed Book 1063,
Page 148, as may be amended
and/or restated. These Cove
nants 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 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 Deed to Secure Debt.
RES-GA SCI, LLC, a Georgia lim
ited liability company,
as Attorney-in-Fact for STAND
ARD PROPERTIES, INC.
Eric L. Weiss
Schulten, Ward & Turner, LLP
260 Peachtree Street, #2700
Atlanta, Georgia 30303
(404) 688-6800
THIS LAW FIRM IS ATTEMPT
ING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
11-370
Notice of Sale Under Power
By virtue of the power of sale contained
in a Deed to Secure Debt by Ralph T.
Myers and Doris K. Myers to Mortgage
Electronic Registration Systems, Inc.
("MERS") as nominee for Aegis
Wholesale Corporation, dated
December 22, 2004 and filed for record
January 5, 2005 in Deed Book 1016,
Page 97, Monroe County, Georgia
records, and securing a Note in fne
original principal amount of
$101,291.00; last transferred to
CitiMortgage, Inc. by Assignment filed
for record June 15, 2011, in Deed Book
1454, Page 76, 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
legal hours of sale on the first Tues
day in August, 2011, by CitiMortgage,
Inc. as Attorney-in-Fact for Ralph T.
Myers and Doris K. Myers the following
property towit:
All that tract or parcel of land lying and
being in Land Lots 104 and 134 of the
4th District, Monroe County, Georgia,
containing 1.582 acres, more or less,
and being more particularly shown
and delineated on that certain plat
dated December 30, 1996, prepared by
Gerald H. Bernhard, R.L.S. No. 2688,
recorded in Plat Book 21, page 204,
Monroe County, Georgia, records,
which plat is specifically incorporated
herein and made a part hereof by
this reference.
The above described property is also
known as 102 Buckcreek Drive,
Jackson, GA 30233.
The indebtedness secured
by said Deed to Secure Debt hav
ing been declared due and paya
ble because of default in the pay
ment of the indebtedness secured
thereby, this sale will be made for
the purpose of paying the same
and all expenses of sale, includ
ing attorney 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 would be disclosed by an
accurate survey of the property or by
any inspection of the property; all
outstanding taxes, assessments,
unpaid bills, charges, and expenses
that are a lien against the property
whether due and payable or not yet
due and payable.
To the best of the undersigned's
knowledge and belief, possession of
the subject property is held by Ralph
T. Myers ana Doris k. Myers.
Pursuant to O.C.G.A. § 44-14-
162.2, the name, address and
telephone number of the individual or
entity who shall have the full authority
to negotiate, amend or modify all
terms of the above described
mortgage is as follows:
CitUVTorfgage, Inc.
5280 Corporate Drive
Attn: Default Mail Services
Frederick, MD 21703
Phone: HAT Program: 866-272-4749
Fax: 866-989-2089 or 866-989-2088
The foregoing notwithstanding,
nothing in O.C.G.A. § 44-14-162.2 shall
be construed to require CitiMortgage,
Inc. to negotiate, amend or modify fne
terms of the Deed to Secure Debt
described herein.
CitiMortgage, Inc.
as Attorney-in-Fact for
Ralph T. Myers and Doris K. Myers
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 PURPOSE.