Newspaper Page Text
PAGE 4B
THE BANKS COUNTY NEWS
WEDNESDAY, JANUARY 23, 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, record
ed in the Clerk's Office of the
Superior Court of Banks County,
Georgia, in Deed Book 281, Pages
759, the undersigned has declared
the full unpaid amount of the
indebtedness secured by said deed
due and payable, and acting under
the power of sale contained in
said deed, for the purpose of pay
ing 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 survey 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, refer
ence 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 pro
ceeds thereof to the payment of
the indebtedness secured by the
deed to secure debt, accrued inter
est 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 prop
erty 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 col
lect 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)
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 assign
ment; 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 prop
erty 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,
encompassing 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
description.
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, pro
tective covenants or restrictions,
liens, and other superior matters
of record which may affect said
property.
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 security deed.
Notice has been given of inten
tion to collect attorneys' fees in
accordance 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
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.
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/
efisher
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,
securing 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 indebtedness due and pay
able 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 delineated 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 incorpo
rated for a full and complete legal
description.
Being the same property con
veyed 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
property, if any.
Said property will be sold subject
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 ordi
nances, restrictions, covenants,
and matters of record superior
to the Security Deed first set out
above.
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 security deed.
Notice has been given of inten
tion to collect attorney's fees in
accordance with the terms of the
Note secured by said Deed.
Said property will be sold as
the property of Keith Tucker, the
property, to the best informa
tion, knowledge and belief of the
undersigned, being presently in
the possession of Keith Tucker, and
the proceeds of said sale will be
applied to the payment 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 dis
tributed as provided by law.
Wells Fargo Bank, N.A. successor
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 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 possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided in the Note and Security
Deed. The debt remaining in
default, this sale will be made for
the purpose of paying the same
and all expenses of this sale, as
provided in Security Deed and
by law, including attorneys fees
(notice of intent to collect attor
neys 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 dis
closed 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 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 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 pre
pared 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
incorporated 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 par
ticularly 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, record
ed 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, convey
ing the after-described property to
secure a Note in the original prin
cipal 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 possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided in the Note and Security
Deed. The debt remaining in
default, this sale will be made for
the purpose of paying the same
and all expenses of this sale, as
provided in Security Deed and
by law, including attorneys fees
(notice of intent to collect attor
neys 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 dis
closed 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 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 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 property 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 possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided in the Note and Security
Deed. The debt remaining in
default, this sale will be made for
the purpose of paying the same
and all expenses of this sale, as
provided in Security Deed and
by law, including attorneys fees
(notice of intent to collect attor
neys 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 dis
closed 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 ten
ants and said property is more
commonly known as 111 Lenora
Lane, Baldwin, Georgia 30511.
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 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 prop
erty 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
incorporated herein by reference
for a more complete description.
Subject to easements, restric
tions, 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
interest thereon as set forth there
in, 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 possible events of default,
failure to pay the indebtedness as
and when due and in the manner
provided in the Note and Security
Deed. The debt remaining in
default, this sale will be made for
continued on following page