Newspaper Page Text
PAGE 8A
THE BANKS COUNTY NEWS
WEDNESDAY, JANUARY 9, 2008
public notices & legal records
www.malnstreetnews.com
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of the default in the pay
ment of a note executed by JASON
GARY JOHNSON and ANGELA D.
DUCLOS in favor of REGIONS BANK
in the original principal amount
of $156,560.00, secured by a Deed
to Secure Debt executed by JASON
GARY JOHNSON and ANGELA D.
DUCLOS to REGIONS BANK dated
May 17, 2006, recorded in the
Clerk's Office of the Superior Court
of Banks County, Georgia, in Deed
Book 281, Pages 759, the under
signed has declared the full unpaid
amount of the indebtedness secured
by said deed due and payable, and
acting under the power of sale con
tained in said deed, for the purpose
of paying said indebtedness, will
on the first Tuesday in FEBRUARY,
2008, during the legal hours of sale
at the Courthouse in BANKS County,
Georgia, sell at public outcry to the
highest bidder for cash, the land
and all improvements thereon the
property described as follows:
TRACT ONE
All that tract or parcel of land
lying and being in the 448th General
Militia District of Banks County, City
of Baldwin, Georgia, being shown
and designated as Lot 42, Phase 5
of the Apple Pie Ridge Subdivision,
containing 1.384 acres, more or less
on a plat of survey prepared by
Edwin G. Davidson, R.L.S. under
date of June 7, 2005, recorded in the
Office of the Clerk of Superior Court
of Banks County, Georgia, in Plat
Book E, Page 142-145, to which said
plat and the record thereof reference
is hereby made for a more complete
description.
Together with a permanent non
exclusive easement for ingress
and egress to and from the above
described property via course of
the existing subdivision roads, as
shown on the plat of survey referred
to above.
TRACT TWO
All that tract or parcel of land
lying and being in the 448th and
1580th General Militia District of
Banks County, City of Baldwin,
Georgia, being shown and desig
nated as Lot 16, Phase 3 of Apple Pie
Ridge Subdivision, containing 0.88
acres, more or less, on a plat of sur
vey prepared by Edwin G. Davidson,
R.L.S. under date of March 30, 2006,
recorded in the Office of the Clerk
of Superior Court of Banks County,
Georgia, in Plat Book F, Page 55,
to which said plat and the record
thereof, reference is hereby made for
a more complete description.
Together with a permanent non
exclusive easement for ingress
and egress to and from the above
described property via course of the
existing subdivision roads as shown
on the plat of survey referred to
above.
Said property is subject to
Restrictive Covenants for Apple Pie
Ridge Subdivision recorded in the
Office of the Clerk of superior Court
of Banks County, Georgia, in Deed
Book 193, Pages 285-324 and Deed
Book 233, Pages 1 & 2 and Deed
Book 239, Pages 128-132.
This sale will be held subject to
any unpaid taxes or other assess
ments, which may be liens against
said property, and all easements
and covenants of record.
The indebtedness remaining in
default, the sale will be made for
the purpose of applying proceeds
thereof to the payment of the indebt
edness secured by the deed to secure
debt, accrued interest and expenses
of the sale and other sums secured
by the deed to secure debt and the
remainder if any shall be applied as
permitted by law.
To the best of the undersigned's
knowledge and belief the property
is in the possession of JASON GARY
JOHNSON and ANGELA D. DUCLOS
and said property will be sold as the
property of JASON GARY JOHNSON
and ANGELA D. DUCLOS.
The undersigned will execute a
deed to the purchaser as autho
rized in the aforementioned deeds
to secure debt.
This law firm is acting as a debt
collector attempting to collect a
debt and all information obtained
shall be used for that purpose.
REGIONS BANK, As Attorney-in
Fact for JASON GARY JOHNSON
and ANGELA D. DUCLOS
J. Randall Frost
Stewart, Melvin & Frost, LLP
P. O. Box 3280
Gainesville, GA 30503
(JA9,16,23,30B/886 7000)
BUCKLE UP!
IT’S THE LAW
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the payment
of the indebtedness secured by a
Security Deed executed by TERRY
KITTENDORF to NEW CENTURY
MORTGAGE CORPORATION dated
August 23, 2005, in the amount
of $99,200.00, and recorded in
Deed Book 265, Page 630, Banks
County, Georgia Records; as last
transferred to Deutsche Bank
Trust Company Americas, as
Trustee and Custodian for HSBC
Bank USA, NA ACE 2006-NC1 by:
Saxon Mortgage Services Inc. as its
attorney-in-fact by assignment; the
undersigned, Deutsche Bank Trust
Company Americas, as Trustee and
Custodian for HSBC Bank USA, NA
ACE 2006-NC1 by: Saxon Mortgage
Services Inc. as its attorney-in-fact
pursuant to said deed and the note
thereby secured, has declared the
entire amount of said indebtedness
due and payable and pursuant to
the power of sale contained in said
deed, will on the first Tuesday in
February, 2008, during the legal
hours of sale, at the Courthouse
door in Banks County, sell at public
outcry to the highest bidder for cash,
the property described in said deed
to-wit:
All that tract or parcel of land
situate, lying and being in the 465th
District, G.M. Banks County, Georgia
designated as lot 2, Section One,
Ridgeway Hills Subdivision, encom
passing 1.00 acre, more or less, as
shown on a plat of survey entitled
Survey for Terry Kittendorf, prepared
by Slate & Associates, Inc., certified
by Brian G. Slate, Georgia Registered
Surveyors No 2829, dated November
6, 1998, and being of record in the
Office of the Clerk of the Superior
Court for Banks County, Georgia in
Plat Book 23, Page 126, which said
plat and the records thereof are by
reference incorporated herein for a
more complete an detailed descrip
tion.
which has the property address
of 132 Ridgeway Drive, Maysville,
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, rights-
of-way, easements, protective cove
nants or restrictions, liens, and other
superior matters of record which
may affect said property.
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.
Notice has been given of intention
to collect attorneys' fees in accor
dance with the terms of the note
secured by said deed.
Said property will be sold as the
property of Terry Kittendorf and the
proceeds of said sale will be applied
to the payment of said indebted
ness, the expense of said sale, all
as provided in said deed, and the
undersigned will execute a deed to
the purchaser as provided in the
aforementioned Security Deed.
Deutsche Bank Trust Company
Americas, as Trustee and Custodian
for HSBC Bank USA, NA ACE
2006-NC1 by: Saxon Mortgage
Services Inc. as its attorney-in-fact
Attorney-in-Fact for Terry
Kittendorf
Anthony DeMarlo, Attorney/efish-
er
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 07-18745 /CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR AND
IS
ATTEMPTING
TO COLLECT
A
DEBT.
ANY
INFORMATION
OBTAINED
WILL
BE USED FOR
THAT PURPOSE.
(JA9,16,23,30B/1325 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of a default in the pay
ment of the indebtedness secured
by a Security Deed executed by
Keith Tucker to Wells Fargo Home
Mortgage, Inc. now Wells Fargo
Bank, N.A. dated June 10, 2002, and
recorded in Deed Book 194, Page
239, Banks County Records, secur
ing a Note in the original principal
amount of $143,744.00, the holder
thereof pursuant to said Deed and
Note thereby secured has declared
the entire amount of said indebted
ness due and payable and, pursuant
to the power of sale contained in
said Deed, will on the first Tuesday,
February 5, 2008, during the legal
hours of sale, before the Courthouse
door in said County, sell at public
outcry to the highest bidder for cash,
the property described in said Deed,
to-wit:
All that tract or parcel of land,
with improvements thereon, lying
and being in the Anderson (465)
District, G.M. Banks County, GA
in the corporate limits of the Town
of Maysville, Georgia, containing
1.62 acres, more, or less, and being
bounded now or formerly as fol
lows: On the Northwest by Homer-
Maysville Highway and lands of
Blanton Jacks; on the Northeast by
lands of Blanton Jacks and other
land of Mrs. Addie Sheridan; on the
Southeast by Mrs. Addie Sheridan;
and on the Southwest by lands of
Mrs. Addie Sheridan, and by said
Homer-Maysville Highway, and
being more clearly shown and delin
eated on plat of survey of H.G.
Prickett, Surveyor, dated April 27,
1948, and being recorded in Plat
Book 1, Page 324, Banks County
Records. Said plat and the record
thereof are herein incorporated for a
full and complete legal description.
Being the same property conveyed
by Arthur H. Sanders to James Cecil
Highfield by warranty deed dated
August 17, 1966, and being recorded
in Deed Book "RR" Page 58, Banks
Co. Ga.
Said property is known as 58A
Homer Street, Maysville, GA
30558, together with all fixtures
and personal property attached to
and constituting a part of said prop
erty, if any.
Said property will be sold sub
ject to any outstanding ad valorem
taxes (including taxes which are a
lien, whether or not now due and
payable), the right of redemption
of any taxing authority, any mat
ters 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 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.
Notice has been given of intention
to collect attorney's fees in accor
dance with the terms of the Note
secured by said Deed.
Said property will be sold as the
property of Keith Tucker, the prop
erty, to the best information, knowl
edge and belief of the undersigned,
being presently in the possession of
Keith Tucker, and the proceeds of
said sale will be applied to the pay
ment of said indebtedness and all
the expenses of said sale, including
attorney's fees, all as provided in
said Deed, and the balance, if any,
will be distributed as provided by
law.
Wells Fargo Bank, N.A. succes
sor by merger to Wells Fargo Home
Mortgage, Inc. as Attorney-in-Fact
for Keith Tucker
File no. 07-8151
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite
100
Atlanta, GA 30341
(770) 220-2730/CC
www.swertfeger.net
*THE LAW FIRM IS ACTING
AS A DEBT COLLECTOR. ANY
INFORMATION OBTAINED WILL
BE USED FOR THAT PURPOSE.
[FC-NOS]
(JA9,16,23,30B/1323 7000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 LISA W. GRAHAM
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
dated January 26, 2007, recorded
in Deed Book 298, Page 439, Banks
County, Georgia Records, convey
ing the after-described property to
secure a Note in the original prin
cipal amount of ONE HUNDRED
EIGHTY-FIVE THOUSAND AND
0/100 DOLLARS ($185,000.00),
with interest thereon as set forth
therein, there will be sold at public
outcry to the highest bidder for cash
before the Courthouse door of Banks
County, Georgia, within the legal
hours of sale on the first Tuesday
in February, 2008, the following
described property:
SEE EXHIBIT A ATTACHED HERETO
AND MADE A PART HEREOF
The debt secured by said Security
Deed has been and is hereby declared
due because of, among other pos
sible 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 attorneys fees
(notice of intent to collect attorneys
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.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is Lisa
W. Graham or a tenant or tenants
and said property is more com
monly known as 128 Manor Drive,
Commerce, Georgia 30530.
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.
Mortgage Electronic Registration
Systems, Inc. as Attorney-in-Fact for
Lisa W. Graham
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/saf 2/5/08
Our file no. 52787107-FT2
EXHIBIT A
All that tract or parcel of land
lying and being in the 207th District,
G.M., Banks County, Georgia, and
being that 1.42 acres, more or less,
designated as Lot 3, on a final
plat of survey for Morgan Manor
prepared by Landmark Engineering
Corporation, Registered Surveyor,
dated August 7, 2004, recorded in
Plat Book E, Page 82, in the Office
of the Clerk of the Superior Court of
Banks County, Georgia and incorpo
rated herein and made a part hereof
by reference for a more detailed
description.
Also: 60 foot ingress-egress along
the right of way of Manor Drive and
Manor Place as more particularly
shown on plat of survey referenced
herein above.
Subject to Protective Covenants for
Morgan Manor Subdivision recorded
in Deed Book 260, Page 108, Banks
County, Georgia Records.
(JA9,16,23,30B/12062 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 STEVEN EVANS
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
dated January 16, 2007, recorded
in Deed Book 298, Page 648, Banks
County, Georgia Records, as last
transferred to Chase Home Finance
LLC by assignment to be recorded
in the Office of the Clerk of Superior
Court of Banks County, Georgia
Records, conveying the after-
described property to secure a Note
in the original principal amount
of ONE HUNDRED TWENTY-EIGHT
THOUSAND AND 0/100 DOLLARS
($128,000.00), with interest thereon
as set forth therein, there will be sold
at public outcry to the highest bidder
for cash before the Courthouse door
of Banks County, Georgia, within
the legal hours of sale on the first
Tuesday in February, 2008, the fol
lowing described property:
SEE EXHIBIT A ATTACHED HERETO
AND MADE A PART HEREOF
The debt secured by said Security
Deed has been and is hereby declared
due because of, among other pos
sible 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 attorneys fees
(notice of intent to collect attorneys
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.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is Steven
Evans or a tenant or tenants and
said property is more commonly
known as 517 Mount Bethel Rd.,
Commerce, Georgia 30530.
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.
Chase Home Finance LLC as
Attorney-in-Fact for Steven Evans
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mt1 2/5/08
Our file no. 52780907-FT3
EXHIBIT A
All that tract or parcel of land,
together with all improvements
thereon, situate, lying and being
in the 207th District, G.M., Banks
County, Georgia, designated as
Tract No. 2, containing 1.142 acres,
more or less, as shown by plat and
survey for Bobby Caudell, prepared
by Ingram, Lord & Associates, certi
fied by Barry D. Lord, GRLS, dated
January 8, 1999, as recorded in
Plat Book C, Page 2, Banks County,
Georgia Records, which plat and
the recording thereof are hereby
incorporated herein by reference for
a more detailed description of the
property.
(JA9,16,23,30B/12062 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 B.J. UMBERHANDT and LILY
BETH UMBERHANDT to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., dated April 12, 2007,
recorded in Deed Book 303, Page
589, Banks County, Georgia Records,
as last transferred to LaSalle Bank
National Association as Trustee for
Merrill Lynch Mortgage Investors
Trust 2007-3, Mortgage Loan Asset-
Backed Certificates, Series 2007-3
by assignment to be recorded in the
Office of the Clerk of Superior Court
of Banks County, Georgia Records,
conveying the after-described prop
erty to secure a Note in the original
principal amount of NINETY-NINE
THOUSAND SEVEN HUNDRED
FIFTY AND 0/100 DOLLARS
($99,750.00), 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 Banks County, Georgia, within
the legal hours of sale on the first
Tuesday in February, 2008, the fol
lowing described property:
SEE EXHIBIT A ATTACHED HERETO
AND MADE A PART HEREOF
The debt secured by said Security
Deed has been and is hereby declared
due because of, among other pos
sible 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 attorneys fees
(notice of intent to collect attorneys
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.
To the best knowledge and belief
of the undersigned, the party in
possession of the property is
B.J. Umberhandt and Lily Beth
Umberhandt or a tenant or tenants
and said property is more com
monly known as 111 Lenora Lane,
Baldwin, Georgia 30511.
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.
LaSalle Bank National Association
as Trustee for Merrill Lynch Mortgage
Investors Trust 2007-3, Mortgage
Loan Asset-Backed Certificates,
Series 2007-3 as Attorney-in-Fact
for B.J. Umberhandt and Lily Beth
Umberhandt
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cs9 2/5/08
Our file no. 52666607-FT1
EXHIBIT A
The following described property
to-wit:
All that tract or parcel of land
lying and being in Land Lot 186
of the 10th Land District of Banks
County, Georgia, containing 0.38
acre, more or less, as shown on plat
of survey prepared by Richard H.
Holcomb, R.S., dated April 6, 2005
and recorded among Banks County,
Georgia Records in Plat Book 29,
Page 138, said plat being incorpo
rated herein by reference for a more
complete description.
Subject to easements, restrictions,
and covenants of record.
(JA9,16,23,30B/12062 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks 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 AUBREY C. GARY and
JESSICA GARY to COUNTYWIDE
HOME LOANS, INC., dated June 29,
2004, recorded in Deed Book 241,
Page 239, Banks County, Georgia
Records, as last transferred to Wells
Fargo Bank, N.A by assignment to
be recorded in the Office of the
Clerk of Superior Court of Banks
County, Georgia Records, convey
ing the after-described property to
secure a Note in the original prin
cipal amount of ONE HUNDRED
THIRTY-TWO THOUSAND SEVEN
HUNDRED SIXTEEN AND 0/100
DOLLARS ($132,716.00), with inter
est thereon as set forth therein, there
will be sold at public outcry to the
highest bidder for cash before the
Courthouse door of Banks County,
Georgia, within the legal hours of
sale on the first Tuesday in February,
2008, the following described prop
erty:
SEE EXHIBIT A ATTACHED HERETO
AND MADE A PART HEREOF
The debt secured by said Security
Deed has been and is hereby declared
due because of, among other pos
sible 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 attorneys fees
(notice of intent to collect attorneys
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.
To the best knowledge and belief
of the undersigned, the party in pos
session of the property is Aubrey C.
Gary and Jessica Gary or a tenant
or tenants and said property is more
commonly known as 118 Buckeye
Pt., Commerce, Georgia 30530.
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, N.A as Attorney-
in-Fact for Aubrey C. Gary and
Jessica Gary
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jr1 2/5/08
Our file no. 52612607-FT5
EXHIBIT A
All that tract or parcel of land
lying and being in GMD 207 of
Banks County, Georgia and being
Lot 2, Block "C", Phase 1, Buckeye
Trails Subdivision, as per plat record
ed in Plat Book 25, page 84, Banks
County, Georgia Records, which plat
is incorporated herein by reference.
(JA9,16,23,30B/12062 5000)
continued on following page