The Commerce news. (Commerce, Ga.) 1???-current, October 05, 2016, Image 23

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The Commerce news., October 05, 2016, Image 23

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Newspaper Page TextWEDNESDAY, OCTOBER 5, 2016 THE BANKS COUNTY NEWS PACE 7B-B Banks County Legal Notices Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Because of a default under the terms of the Security Deed executed by JOEY E. BENNETT TO MORTGAGE ELEC TRONIC REGISTRATION SYSTEMS, INC., as nomi nee for Heritage Lending & Investments, LLC, its suc cessors and assigns dated December 21, 2006, and recorded in Deed Book 297, Page 447, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Selene Finance LP, securing a Note in the original principal amount of $80,185.00, the holder thereof pursuant to said Deed and Note there by secured has declared the entire amount of said indebtedness due and pay able and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, November 1, 2016, during the legal hours of sale, before the Court house door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: That tract or parcel of land lying and being in the 1210 GMD of Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of survey prepared for Joey Benett (sic) dated September 5, 2006, recorded in Hat Book 30, Page 133, Banks Coun ty records; said plat being incorporated herein by ref erence for a more complete description of the property. Together with a 20 foot wide easement for ingress and egress to U.S. High way 441 as depicted on the above-referenced plat of survey. Said easement was conveyed on Novem ber 10,. 2006 and recorded in Deed Book 292, Page 666, Banks County records. This being the same prop erty conveyed by Warranty Deed from Peggy Cham bers Bennett f/k/a Peggy Chambers to Joey Bennett dated October 12, 2006, recorded in Deed Book 290, Page 697, Banks County records. Together with an improve ment and immovable fixture permanently attached there to, a 2006 Horton HS01 manufactured home, Serial Number H184822GL&R. Said property is known as 2320 Highway 441, Homer, GA 30547, together with all fixtures and person al property attached to and constituting a part of said property, if any. Said property will be sold subject to any outstanding ad valorem taxes (includ ing taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspec tion of the property, any assessments, liens, encum brances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The proceeds of said sale will be applied to the pay ment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law. The sale will be con ducted subject (1) to con firmation 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 secured creditor. The property is or may be in the possession of Joey E. Bennett, successor in inter est or tenant(s). Selene Finance LP as Attorney-in-Fact for Joey E. Bennett File no. 16-060941 SHAPIRO PENDER- GAST & HASTY, LLP* Attorneys and Counsel ors at Law 211 Perimeter Center Parkway, Suite 300 Atlanta, GA 30346 770-220-2535/CH shapiroandhasty.com THE LAW FIRM IS ACTING AS A DEBT COL LECTOR. ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PUR POSE. 10/05, 10/12, 10/19, 10/26, 2016 [FC-NOS] (OC5,12,19,26B/1323-60T1 P) \ Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale contained in that cer tain Security Deed from KENNETH W. GARLAND, LORIE GARLAND to CITI- FINANCIAL SERVICES, INC., dated January 6, 2004, recorded January 8, 2004, in Deed Book 229, Page 270-274, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Forty- Eight Thousand Eight Hun dred Sixty-Four and 98/100 dollars ($48,864.98), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan Servicing, LLC, A Delaware Limited Liability Company , there will be sold at public out cry to the highest bidder for cash at the Banks Coun ty Courthouse, within the legal hours of sale on the first Tuesday in November, 2016, all property described in said Security Deed includ ing but not limited to the fol lowing described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 1206 DISTRICT, G.M., OF BANKS COUNTY, GEOR GIA, CEDAR RIDGE SUB DIVISION, KNOWN AS LOT # 14, CONSISTING OF 2.55 ACRES, MORE OR LESS, AS SHOWN ON A PLAT AND SUR VEY FOR CEDAR RIDGE PROPERTIES, BY MAX LEWALLEN, SURVEYOR, DATED 12-17-87, WHICH PLAT IS RECORDED IN PLAT BOOK 13, PAGE 111, BANKS COUNTY, GEOR GIA RECORDS. SAID PLAT AND THE RECORD ING THEREOF ARE INCORPORATED HEREIN FOR A MORE DETAILED DESCRIPTION OF THE PROPERTY CONVEYED. TAX MAP REFERENCE: 08.001 G BEING THAT PARCEL OF LAND CON VEYED TO KENNETH W. GARLAND AND LORIE GARLAND FROM MYLES J. GOULD AND ROGER E. GOULD, DOING BUSI NESS AS CEDAR RIDGE PROPERTIES BY THAT DEED DATED 03/1998 AND RECORDED 04/02/1998 IN DEED BOOK 126, AT PAGE 747 OF THE BANKS COUNTY, GA PUBLIC REGISTRY. Said legal description being controlling, how ever the property is more commonly known as 137 CEDAR RIDGE DR, COM MERCE, GA 30530. The indebtedness secured by said Security Deed has been and is here by declared due because of default under the terms of said Security Deed and Note. The indebted ness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note. Said property will be sold on an “as-is” basis without any representation, war ranty or recourse against the above-named or the undersigned. The sale will also be subject to the follow ing items which may affect the title: any outstanding ad valorem taxes (includ ing taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the proper ty; all zoning ordinances; assessments; liens; encum brances; restrictions; cov enants, and any other mat ters of record superior to said Security Deed. To the best of the knowl edge and belief of the undersigned, the owner and party in possession of the property is KENNETH W. GARLAND, LORIE GAR LAND, or tenants(s). The sale will be con ducted subject (1) to con firmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: BAYVIEW LOAN SERVICING,LLC, Loss Miti gation Dept., 4425 Ponce de Leon Blvd., 5th Floor, Coral Gables, FL 33146, Telephone Number: 800- 771-0299. BAYVIEW LOAN SER VICING, LLC, A DELA WARE LIMITED LIABIL ITY COMPANY as Attorney in Fact for KENNETH W. GARLAND, LORIE GAR LAND THE BELOW LAW FIRM MAY BE HELD TO BE ACT ING AS A DEBT COLLEC TOR, UNDER FEDERAL LAW. IF SO, ANY INFOR MATION OBTAINED WILL BE USED FOR THAT PUR POSE. Attorney Contact: Rubin Lublin, LLC, 3145 Avalon Ridge Place, Suite 100, Peachtree Corners, GA 30071 Telephone Number: (877) 813-0992 Case No. BVC- 16-04778-1 Ad Run Dates 10/05/2016, 10/12/2016, 10/19/2016, 10/26/2016 www.rubinlublin.com/ property-listings, phpc (OC5,12,19.26B/18915-70) Banks November 2016 Tax Sale SHERIFF'S SALE BECKY CARLAN EX-OFFICIO SHERIFF STATE OF GEORGIA COUNTY OF BANKS Under and by virtue of certain tax Fi.Fa.’s issued by the Tax Commissioner of Banks County, Georgia, in favor of the State of Geor gia and County of Banks, against the following named persons and the property as described immediate ly below their respective name(s). There will be sold for cash or certified funds at public outcry, before the Courthouse door, in the City of Homer, Banks County, Georgia, between the legal hours of sale, on the first Tuesday in November 2016, the same being November 1, 2016. The following property will be sold between the legal hours of sale, 10:00 AM and 4:00 PM. The properties listed below and described, or as much thereof as will satisfy the State and County tax execution on the respec tive individual, will be sold. The properties hereinafter described have been lev ied on as the property of the persons whose names immediately preceded the property description. Each of the respective parcels of property is located in Banks County, State of Georgia. The years for which said Fi.Fa.’s are issued and lev ied are stated below the name of the owner in each case. This is a buyer beware sale and all property will be sold as is. The Tax Com missioner makes no war ranty, neither expressed nor implied, as to title, and all properties are subject to all recorded covenants, ease ments, and right of ways. Properties are sold under the power of a tax sale deed with specific rights of redemption. Each defendant and ten ant in possession, if appli cable, has been notified of levy time and place of sale. Purchaser shall pay for title; all transfer cost, all taxes, advertising cost and recording fees. Pursuant to Georgia Law, payment will be required within two (2) hours of the completion of the tax sale. In the event a bid is not properly paid, the property shall be re-offered at 2:00 PM on the day of the sale, or the following day that being November 2, 2016. File ft- 5 Map/Parcel Number: B52 013N Defendant(s) in FiFa: Northeast Georgia Bank (2011); Shannon Baker (2012-2015) Current Property Owner: Baker, Shannon Reference Deed: 361/1 Property Description: All and only that parcel of land designated as Tax Par cel B52 013N, lying and being in 265th G.M.D., City of Homer, Banks County, Georgia, containing 0.93 acre, more or less, being Lot 12, Cannon Creek Sub division, shown in Plat Book G, Page 65, the descrip tion contained therein being incorporated herein by this reference, described in Deed Book 361, Page 1, known as 208 Cannon Creek. Years Due: 2011-2015 File ft- 6 Map/Parcel Number: B86 024 Defendant(s) in FiFa: Baxter, Howard D & Patricia Hughes Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 116/635; 108/529 Property Description: All and only that parcel of land designated as Tax Parcel B86 024, lying and being in 207th G.M.D., Banks County, Georgia, containing 2.01 acres, more or less, described in Deed Book 108, Page 529, the descrip tion contained therein being incorporated herein by this reference, known as 703 East County Line Road. Years Due: 2014-2015 File ft- 7 Map/Parcel Number: B54 037 Defendant(s) in FiFa: Beck, Essie Caroldine, individually, and Estate IN REM, All Heirs Known and Unknown Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 100/423 Property Description: All and only that parcel of land designated as Tax Parcel B54 037, lying and being in Banks County, Georgia, described in Deed Book 100, Page 423, the descrip tion contained therein being incorporated herein by this reference, known as 156 McDonald Circle. Years Due: 2012-2015 File ft- 9 Map/Parcel Number: B39 006 Defendant(s) in FiFa: Blancett, Vicki T. Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 77/73 Property Description: All and only that parcel of land designated as Tax Parcel B39 006, lying and being in 265th G.M.D., Banks County, Georgia, containing 2.00 acres, more or less, being Tract 3 on Survey for Vicki T. Blancett and Rex Thomas, shown in Plat Book 17, Page 192, the description contained therein being incorporated herein by this reference, described in Deed Book 77, Page 73, located on Yonah Homer Road (formally High way 98). Years Due: 2014-2015 File ft- 10 Map/Parcel Number: B39 075 Defendant(s) in FiFa: Bond, William, Estate IN REM, All Heirs Known and Unknown Current Property Owner: same as Defendant(s) in FiFa Reference Deed: NRF Property Description: All and only that parcel of land designated as Tax Parcel B39 075, lying and being in 265th G.M.D., Banks County, Georgia, containing 0.56 acre, more or less, the description contained there in being incorporated herein by this reference, known as 274 Marion Cape Road. Years Due: 2011-2015 File ft- 11 Map/Parcel Number: B28 045 Defendant(s) in FiFa: Bonds, Anita R & David L Current Property Owner: Ahmad, Hawkar Reference Deed: 426/200 Property Description: All and only that parcel of land designated as Tax Parcel B28 045, lying and being in 912th G.M.D., Banks Coun ty, Georgia, containing 3.1 acres, more or less, shown in Plat Book 14, Page 154, the description contained therein being incorporated herein by this reference, described in Deed Book 426, Page 200, known as 189 Forrester Road. Years Due: 2014-2015 File ft- 12 Map/Parcel Number: B32A019 Defendant(s) in FiFa: Boswell, Louise (2014); Louise G Boswell Estate IN REM, All Heirs Known and Unknown (2015) Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 100/601 Property Description: All and only that parcel of land designated as Tax Parcel B32A019, lying and being in 465th G.M.D., Banks Coun ty, Georgia, containing 2.91 acres, more or less, Survey for J.R. Boswell, shown in Plat Book 14, Page 64, the description contained there in being incorporated herein by this reference, described in Deed Book 100, Page 601, known as 289 Mitchell Road. Years Due: 2014-2015 File ft- 13 Map/Parcel Number: B32C 041 Defendant(s) in FiFa: Boswell, Louise (2014); Louise G Boswell Estate IN REM, All Heirs Known and Unknown (2015) Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 60/557 Property Description: All and only that parcel of land designated as Tax Parcel B32C 041, lying and being in 465th G.M.D., Banks County, Georgia, containing 0.853 acre, more or less, Survey for Louise Boswell, shown in Plat Book 15, Page 179, the description con tained therein being incor porated herein by this ref erence, described in Deed Book 60, Page 557, known as 185 Mitchell Street. Years Due: 2014-2015 File ft- 14 Map/Parcel Number: B58 006 Defendant(s) in FiFa: Brady, Nancy Current Property Owner: Brady, Nancy, Estate IN REM, Clifton (Pete) Hill, Executor Reference Deed: NRF Property Description: All and only that parcel of land designated as Tax Parcel B58 006, lying and being in 284th G.M.D., Banks County, Georgia, containing 37 acres, more or less, the description contained there in being incorporated herein by this reference, located on Spring Road. Years Due: 2013-2015 File ft- 15 Map/Parcel Number: B45 042 Defendant(s) in FiFa: Broadriver Valley Ranch, Inc. Current Property Owner: same as Defendant(s) in FiFa Reference Deed: YY/244 Property Description: All and only that parcel of land designated as Tax Parcel B45 042, lying and being Banks County, Georgia, containing 121.94 acres, more or less, being a portion of that described in Deed Book YY, Page 244, the description contained there in being incorporated herein by this reference, located on Soapstone Road. Years Due: 2014-2015 File ft- 16 Map/Parcel Number: B39 001 Defendant(s) in FiFa: Brock, James Paul Current Property Owner: Brock, Bobby James, Estate IN REM, All Heirs Known and Unknown Reference Deed: 385/175 Property Description: All and only that parcel of land designated as Tax Parcel B39 001, lying and being Banks County, Georgia, containing 2.00 acres, more or less, shown in Plat Book 7, Page 23, the descrip tion contained therein being incorporated herein by this reference, described in Deed Book 385, Page 175, known as 1423 Yonah Homer Road. Years Due: 2014-2015 File ft- 17 Map/Parcel Number: B06 003A Defendant(s) in FiFa: Brooks, Jerry & Vickie Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 364/235 Property Description: All and only that parcel of land designated as Tax Parcel B06 003A, lying and being in 912th G.M.D., Banks County, Georgia, containing 1.01 acres, more or less, being Lot 9, New Image Subdivision, shown in Plat Book C, Page 38, the description contained there in being incorporated herein by this reference, described in Deed Book 364, Page 235, known as 241 New Image Drive. Years Due: 2014-2015 File ft- 18 Map/Parcel Number: B68E 026 Defendant(s) in FiFa: Brooks, Timothy M. Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 229/872; 229/176 Property Description: All and only that parcel of land designated as Tax Parcel B68E 026, lying and being in 207th G.M.D., Banks County, Georgia, being a portion of that shown in Plat Book 24, Page 158, the description contained there in being incorporated herein by this reference, and being a portion of that described in Deed Book 229, Page 176, located in the Morgan Manor Subdivision. Years Due: 2012-2015 File ft- 19 Map/Parcel Number: B16 006 Defendant(s) in FiFa: Bruce, Young, Estate IN REM, All Heirs Known and Unknown & Cathy Bruce (2013); Bruce, Young & Cathy, Estates IN REM, All Heirs Known and Unknown (2014-2015) Current Property Owner: Young Bruce, Estate IN REM, All Heirs Known and Unknown & Cathy Bruce, Estate IN REM, All Heirs Known and Unknown Reference Deed: 68/224 Property Description: All and only that parcel of land designated as Tax Parcel B16 006, lying and being in the 912th G.M.D., Banks County, Georgia, contain ing 1.29 acres, more or less, shown in Plat Book 16, Page 193, the descrip tion contained therein being incorporated herein by this reference, described in Deed Book 68, Page 224, known as 213 Moccasin Gap Road. Years Due: 2013-2015 File ft- 20 Map/Parcel Number: B34 119B Defendant(s) in FiFa: Burt, Gayla Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 244/357 Property Description: All and only that parcel of land designated as Tax Parcel B34 119B, lying and being in 1580th G.M.D., Banks County, Georgia, containing 2.44 acres, more or less, described in Deed Book 244, Page 357, the descrip tion contained therein being incorporated herein by this reference, located on Har mony Church Road. Years Due: 2013-2015 File ft- 21 Map/Parcel Number: B13 102 Defendant(s) in FiFa: Cagle, Mrs. Cordie, Tal- madge Cagle, Imogene Cagle, Ralph Cagle, Henry R Kidd, Estates IN REM, All Heirs Known and Unknown; Elizabeth Kidd; Betty Jo Kidd Current Property Owner: same as Defendant(s) in FiFa Reference Deed: 383/314; X/357 Property Description: All and only that parcel of land designated as Tax Parcel B13 102, lying and being in Banks County, Georgia, containing 1.8 acres, more or less, described in Deed Book X, Page 357, and in continued on following page