The Banks County news. (Homer, Banks County, Ga.) 1968-current, January 09, 2008, Image 9

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WEDNESDAY, jANUARY 9, 2008 THE BANKS COUNTY NEWS PAGE 9A Public Notices Continued 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 JAMES TRAVIS WILLIAMS to FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN, dated August 5, 2005, recorded in Deed Book 266, Page 767, Banks County, Georgia Records, as last transferred to U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-FF10 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 ONE HUNDRED FIFTY-FIVE THOUSAND SEVEN HUNDRED AND 0/100 DOLLARS ($155,700.00), 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 Travis Williams or a tenant or tenants and said property is more common ly known as 120 Sullivan Drive, Homer, Georgia 30547. 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. U.S. Bank National Association, as Trustee for First Franklin Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-FF10 as Attorney-in-Fact for James Travis Williams McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/cs9 2/5/08 Our file no. 51467607-FT1 EXHIBIT A All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Homer, 265th GMD, Banks County, Georgia, containing 1.18 acres, more or less, and being known and designated as Lot 44 on a final plat of survey prepared for Hidden Lake Subdivision, Phase 2 by Richard H. Holcomb, RLS, dated November 26, 2000, recorded in Plat Book C, Page 119, Banks County Records, and incorporated herein; being the same property conveyed by deed recorded in Deed Book 254, Page 147, said records. This property is conveyed subject to those Protective Covenants for Hidden Lake Subdivision recorded in Deed Book 165, Page 174, 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 BETTY CAROL FRANKLIN to CROSSLAND MORTGAGE CORP., dated June 9, 1999, recorded in Deed Book 195, Page 184, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, NA 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 origi nal principal amount of FIFTY-SIX THOUSAND FIFTY AND 0/100 DOLLARS ($56,050.00), 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 Betty Carol Franklin or a tenant or tenants and said property is more commonly known as 1800 Lakeview Drive, 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. Wells Fargo Bank, NA as Attorney- in-Fact for Betty Carol Franklin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/nll 2/5/08 Our file no. 51997704-FT5 EXHIBIT A All that tract or parcel of land together with improvements there on lying and being in GMD 371, Banks County, Georgia, and being all of Lots 17 and 18 of Crystal Lake Subdivision, as shown on sub division plat recorded in Plat Book 10, Page 165 of the Banks County Records and being more particular ly shown and described according to a plat prepared for Betty Carol Franklin by Henry Grady Jarrard, Registered Surveyor, dated April 28, 1994, recorded in Plat Book 18, Page 186, of the Banks County Records, which plat is incorporated herein by reference for a more complete description of subject property. Subject to Restrictive Covenants recorded in Deed Book 37, Page 732, of the Banks County Records and to easements and restrictions of record affecting subject property. Being the same property as that conveyed by Warranty Deed from Billie Young a/k/a Billie G. Young by Paul Young, Attorney in Fact dated April 28, 1994 recorded in Deed Book 87, Page 410, Banks County 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 JERRY L. DALTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 29, 2004, recorded in Deed Book 247, Page 289, Banks County, Georgia Records, convey ing the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHT THOUSAND AND 0/100 DOLLARS ($108,000.00), 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 Jerry L. Dalton or a tenant or tenants and said property is more commonly known as 588 Wells Road, Homer, Georgia 30547. 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 Jerry L. Dalton McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sm5 2/5/08 Our file no. 5401006-FT4 EXHIBIT A All that tract or parcel of land together with improvements thereon lying and being in the 284th GMD, Banks County, Georgia, consisting of 4.445 acres, all as more fully shown by plat of survey by North Central Land Surveying, by Roy A. Terrell, Ga. Reg. No. 1700, dated July 2, 1991 recorded in Plat Book 16, Folio 135, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description. Being the same property as that conveyed by Quitclaim Deed from Barbara A., Dalton to Dennis Gerald Dalton dated November 14, 1996 recorded in Deed Book 111, Page 658, Banks County records. Subject to Right of Way Easement dated March 6, 1995 recorded in Deed Book 96, Page 53, Banks County records. Subject to all easements, restric tions, reservations and rights of way of record, if any. (JA2,9,16,23B/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 DEREK C. MUNROE and JENNIFER D. MUNROE to THE MORTGAGE PEOPLE CO., dated January 7, 2003, recorded in Deed Book 206, Page 138, Banks County, Georgia Records, as last transferred to National City Mortgage Co. by assignment recorded in Deed Book 207, Page 479, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FIFTY THOUSAND AND 0/100 DOLLARS ($250,000.00), 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 Derek C. Munroe and Jennifer D. Munroe or a tenant or tenants and said property is more commonly known as 118 Harmony Valley Drive, Alto, Georgia 30510. 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. National City Real Estate Services LLC sbm National City Mortgage, Inc. fka National City Mortgage Co. as Attorney-in-Fact for Derek C. Munroe and Jennifer D. Munroe McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jtm 2/5/08 Our file no. 5151907-FT7 EXHIBIT A All that tract or parcel of land lying and being in Land Lots 217 and 220 of the 10th Land District of Banks County, Georgia, desig nated as Tract 1, containing 10.00 acres, more or less, as shown on a plat of survey prepared by Lovell, Duvall, Miller 7 Assoc., Inc., R.S. under date of July 2, 2001, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 26, Page(s) 45, to which said plat and the record thereof reference is hereby made for a more complete description. Subject to all other easements, cov enants and restrictions of record. Less and Except property con veyed in that certain Right of Way Deed recorded in Deed Book 300, Page 724, aforesaid 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 ANTHONY A. TORTORICI to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for SUNTRUST MORTGAGE, INC., dated April 30, 2004, recorded in Deed Book 240, Page 276, Banks County, Georgia Records, convey ing the after-described property to secure a Note in the original prin cipal amount of ONE HUNDRED TWENTY-FOUR THOUSAND FIVE HUNDRED NINETY-ONE AND 0/100 DOLLARS ($124,591.00), 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: All that tract or parcel of land lying and being in GMD 448, Banks County Georgia, being Lot 3, con sisting of 2.08 acres as per Plat recorded in Plat Book 27, Page 154 of the Banks County Deed Records, which Plat is incorporated herein by reference for a more complete description of said property. 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 Anthony A. Tortorici or a tenant or tenants and said property is more commonly known as 376 Shubert Lane, Lula, Georgia 30554. 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 Anthony A. Tortorici Morris, Schneider, Prior, Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.msplaw.com/foreclosure_ sales.asp MSP/saf 2/5/08 Our file no. 1898007-FT2 (JA9,16,23,30B/12062 5000) 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 CARL R. MARTIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 18, 2005, recorded in Deed Book 264, Page 758, Banks County, Georgia Records, as last transferred to Suntrust Mortgage, Inc. 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 SIXTY-EIGHT THOUSAND THREE HUNDRED FIFTY AND 0/100 DOLLARS ($168,350.00), 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 Carl R. Martin and Kimberly G. Martin or a tenant or tenants and said prop erty is more commonly known as 5283 Hwy. 51 South, Lula, Georgia 30554. 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. Suntrust Mortgage, Inc. as Attorney-in-Fact for Carl R. Martin McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/jtm 2/5/08 Our file no. 5695306-FT7 EXHIBIT A All that tract or parcel of land lying and being in the G.M.D. 1464, Banks County, Georgia, being 4.70 acres consisting of Tract A and Tract B as shown on plat of Survey for "Samuel A. Robinson, Sr. and Dorothy R. Robinson," dated July 29, 1992, prepared by Jimmy D. Bullock and Associates, GA Reg. Sur. being recorded in the Clerk's Office of the Superior Court of Banks County, GA in Plat Book 17, Page 97. Said plat and the record thereof are herein incorporated for a full and complete legal description. (JA9,16,23,30B/12062 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County Because of default in the pay ment of the indebtedness, secured by a Security Deed executed by CRYSTAL ANN SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 1, 2007 in the amount of $276,000.00, and recorded in Deed Book 302, Page 196, Banks County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment;the undersigned, Mortgage Electronic Registration Systems, Inc. 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 con tained in said deed, will on the first Tuesday in February, 2008, dur ing the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the high est bidder for cash, the property described in said deed to-wit: All that tract or parcel of land together with improvements there on, lying and being in Land Lots 213 and 214 of the 10th District, Banks County, Georgia, containing 5.00 acres designated as Lot 1 on a plat of survey identified as Sweet Valley Farms prepared by Hubert Lovell, Georgia Registered Land Surveyor, dated May 8, 1984, and recorded in Plat Book 14, Page 132 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. which has the property address of 456 Wynn Shoals Rd., Alto, 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 Crystal Ann Smith and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc. Attorney-in-Fact for Crystal Ann Smith Anthony DeMarlo, Attorney/ smitchell McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 07-17229 /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 5000) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of Power of Sale con tained in Security Deed from STEVEN STALKER to FIRST GEORGIA BANKING COMPANY, dated July 14, 2006, which Deed is record ed among Banks County, Georgia Records in Deed Book 286, Page 157, said Security Deed being given to secure a Note dated July 14, 2006, in the original principal amount of SIXTY THOUSAND EIGHT HUNDRED NINETY SEVEN AND 13/100 ($60,897.13) DOLLARS, with interest thereon as set forth therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse Door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in February, 2008, (February 5, 2008) the follow ing described property, to wit: All that tract or parcel of land lying and being in 448th GMD, Banks County, Georgia, and being Lot 5, Phase 4 at Apple Pie Ridge Community Subdivision, as shown on a plat of survey prepared by Davidson Land Surveying, Inc., Kevin G. Davidson, GRLS, dated June 10, 2004, said plat being recorded in the Office of Superior Court of Banks County, in Plat Book E, Page(s) 62-64, which plat is incorporated herein by reference for a more full and complete description of said property. Subject to all easements, covenants and restrictions of record. Said property is known as Lot 405, Planters Point Ct., Baldwin, Georgia, 30511, together with all fixtures and personal property attached to and constituting a part of said property if any. Whereas, the Note secured by said Security Deed has become in default as to payment of the principal and interest, and FIRST GEORGIA BANKING COMPANY has given notice of its intention to fore close said Security Deed and claim attorney's fees as provided in said Note and Security Deed. The debt secured by said Security Deed and evidenced by said Note has been and is hereby declared due because of the non-payment of the current indebtedness secured by said Security Deed. The debt remaining in default, this sale will be made for the purpose of paying said indebt edness, including all accrued and unpaid interest thereon, and attor ney's fees and all expenses of said sale. 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- continued on following page