Newspaper Page Text
WEDNESDAY, MARCH 5, 2008
THE BANKS COUNTY NEWS
PAGE 9A
public notices & legal records
www.malnstreetnews.com
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by PAULA
DYER and ROBIN DYER to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
dated September 25, 2006, in
the amount of $83,000.00,
and recorded in Deed Book
45-T, Page 655, Banks County,
Georgia Records; as last trans
ferred to Mortgage Electronic
Registration Systems, Inc.
by assignment; the under
signed, Mortgage Electronic
Registration Systems, Inc. pur
suant 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 April, 2008, dur
ing 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 lying and being in the
Miller District, GMD 455,
Jackson County, Georgia,
being 5.3428 acres, more or
less, and being more particu
larly shown on that plat of
survey for Bruce F. Best, Jr.
and Patricia G. Best, prepared
by James Robert Cheatham,
GRLS, dated 12/05/94, and
recorded in Plat Book 42, Page
195, Jackson County, Georgia
Records, which plat is hereby
referred to and made a part
hereof.
which has the property
address of 8293 Maysville
Road, 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 restric
tions, 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 accordance with the
terms of the note secured by
said deed.
Said property will be sold as
the property of Paula Dyer and
Robin Dyer 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 pro
vided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney-in-Fact for Paula
Dyer and Robin Dyer
Anthony DeMarlo, Attorney/
lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-03285 /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.
(MA5,12,19,26B/1325 5000)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the
payment of the indebtedness
secured by a Security Deed
executed by BENJAMIN A.
VALLE and ANA GLADIS VALLE
to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS,
INC. dated September 28,
2005, and recorded in Deed
Book 267, Page 521, Banks
County Records, said Security
Deed having been last sold,
assigned, transferred and con
veyed to U.S. Bank National
Association, as Trustee for
Asset Backed Pass Through
Certificates Series 2006-HE1,
by Assignment securing a
Note in the original principal
amount of $207,920.00, the
holder thereof pursuant to
said Deed and Note thereby
secured has declared the entire
amount of said indebtedness
due and payable and, pursu
ant to the power of sale con
tained in said Deed, will on
the first Tuesday, April 1, 2008,
during the legal hours of sale,
before the Courthouse door in
said County, sell at public out
cry to the highest bidder for
cash, the property described in
said Deed, to-wit:
All that tract or parcel of
land lying and being in the
207th District, G.M., Banks
County, Georgia, and being
that 2.123 acres, more or less,
designated as lot 3 on a final
plat of survey for Elizabeth's
Way Subdivision prepared
by J.R. Holland, Registered
Surveyor, dated January 27,
2004, recorded in Plat Book
E, Page 44, 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.
Said property is known as
316 Hwy 59, Commerce, GA
30530, together with all fix
tures 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 matters
which might be disclosed by an
accurate survey and inspection
of the property, any assess
ments, 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 accordance with the
terms of the Note secured by
said Deed.
Said property will be sold
as the property of Benjamin
A. Valle and Ana Gladis Valle,
the property, to the best infor
mation, knowledge and belief
of the undersigned, being
presently in the possession of
Benjamin A. Valle and Ana
Gladis Valle, and the proceeds
of said sale will be applied to
the payment of said indebted
ness 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.
U.S. Bank National
Association, as Trustee for
Asset Backed Pass Through
Certificates Series 2006-HE1 as
Attorney-in-Fact for Benjamin
A. Valle and Ana Gladis Valle
File no. 08-000858
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER,
LLP*
Attorneys and Counselors at
Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/HP
www.swertfeger.net
*THE LAW FIRM IS
ACTING AS A DEBT
COLLECTOR. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
[FC-NOS]
(MA5,12,19,26B/1323 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 TOMMY
JONES to OPTION ONE
MORTGAGE CORPORATION,
dated June 10, 2005, record
ed in Deed Book 260, Page
459, Banks County, Georgia
Records, as last transferred
to Wells Fargo Bank, N.A.
as Trustee for Option One
Mortgage Loan Trust 2005-3
Asset-Backed Certificates,
Series 2005-3 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 ONE HUNDRED
NINETEEN THOUSAND
SEVEN HUNDRED AND 0/100
DOLLARS ($119,700.00), 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 April, 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 attor
neys 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 dis
closed by an accurate survey
and inspection 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.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Tommy Jones or a ten
ant or tenants and said prop
erty is more commonly known
as 523 Mountain Creek Dr,
Maysville, Georgia 30558.
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 Trustee for Option One
Mortgage Loan Trust 2005-3
Asset-Backed Certificates,
Series 2005-3 as Attorney-in
Fact for Tommy Jones
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/th1 4/1/08
Our file no. 5361608-FT1
EXHIBIT A
All that tract or parcel of
Land lying and being in the
465th District, G.M., Banks
County, Georgia, and being
that 2.05 acres, more or less,
designated as Lot 31, as more
particularly shown on a final
plat of survey of Mountain
Creek Subdivision, prepared by
Morrison J. Simms, Registered
Surveyor, dated December 12,
1987, recorded in Plat Book A,
Page 13, 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.
(MA5,12,19,26B/12062 6000)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the
Power of Sale contained in a
Security Deed from JEFFREY
D. RICHARDS to BELGRAVIA
FINANCIAL SERVICES, dated
MAY 22, 1997, and recorded
on MAY 28, 1997, in DEED
BOOK 117, PAGE 215, of
the BANKS County, Georgia
Records; as assigned to CHASE
BANK OF TEXAS, NATIONAL
ASSOCIATION, AS TRUSTEE,
pursuant to an Assignment
of Security Deed, dated MAY
22, 1997, and recorded on
OCTOBER 28, 1998, in DEED
BOOK 135, PAGE 671, aforesaid
records, conveying the after-
described property to secure
a Note in the original prin
cipal amount of SIXTY-TWO
THOUSAND NINE HUNDRED
THIRTY-EIGHT DOLLARS and
59/100 ($62,938.59) 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 APRIL, 2008, the
following described property:
All that tract or parcel
of land lying and being in
the 1464th G.M.D. in Banks
County, Georgia, contain
ing 3.435 acres, as more fully
shown and described on a
plat of survey dated January
29, 1997, prepared by Farley-
Collins Associates, Registered
Surveyors, for Crystal D. Dorsey
and Jeffrey D. Richards, record
ed in Banks County, Georgia
Records of the Clerk of Superior
Court in Plat Book 21, Page
207. Said Plat is hereby incor
porated herein by reference for
a more detailed description of
the subject property.
The foregoing property
being the same as described in
deed recorded in Deed Book
116, Page 223, Banks County
Records.
Also conveyed herewith is
a 1996 Horton Mobile, Serial
Number H130200GL&R, which
is permanently attached to
and made a part of the real
property.
The indebtedness secured by
said Security Deed has been
and is hereby declared due
and payable because of, among
other possible events of default,
non-payment of the monthly
installments as required by
said 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 the Security
Deed and by law, including
attorney's fees (notice of intent
to collect attorney's fees hav
ing been given) and all other
payments provided for under
the terms of the Security Deed
and Note.
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, encum
brances, 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.
To the best of the under
signed's knowledge and belief,
said property is also known as
475 Queen Road, Gillsville,
Georgia 30543, and the party
in possession of the property is
Jeffrey D. Richards or a tenant
or tenants of said property.
ORIGEN FINANCIAL,
LLC SERVICER FOR CHASE
BANK OF TEXAS, NATIONAL
ASSOCIATION, AS TRUSTEE as
Attorney-in-Fact for JEFFREY D.
RICHARDS
Kenney, Solomon & Medina,
P.C.
3675 Crestwood Parkway,
Suite 300
Duluth, Georgia 30096
(770) 564-1600
THE LAW FIRM IS
ACTING AS A DEBT
COLLECTOR ATTEMPTING
TO COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
(MA5,12,19,26P4)
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 L J ARMOUR to THE
GRANGE BANK, dated April
19, 2004, recorded in Deed
Book 236, Page 269, Banks
County, Georgia Records, as
last transferred to Franklin
Bank SSB 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
TEN THOUSAND AND 0/100
DOLLARS ($110,000.00), 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 April, 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 attor
neys 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 dis
closed by an accurate survey
and inspection 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.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is L J Armour or a tenant
or tenants and said proper
ty is more commonly known
as 5456 Yonah Homer Rd,
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.
FranklinBankSSB asAttorney-
in-Fact for L J Armour
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/sm5 4/1/08
Our file no. 5466208-FT4
EXHIBIT A
All that tract or parcel of
Land lying and being in the
912 G.M.D. of Banks County,
Georgia, consisting of 0.96 acre,
all as more fully shown on plat
of survey by Max Lewallen,
GA. Reg. No. 2067, dated June
23, 1994, recorded in Plat Book
18, Page 232, 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 Tax par
cel ID: 69/28
(MA5,12,19,26B 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
MICHAEL H. IVEY to WELLS
FARGO HOME MORTGAGE,
INC., dated April 19, 2004,
recorded in Deed Book 235,
Page 305, Banks County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount of
EIGHTY-FOUR THOUSAND
FIVE HUNDRED AND 0/100
DOLLARS ($84,500.00), 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 April, 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 attor
neys fees (notice of intent to
collect attorneys fees having
been given).
Said property will be sold
subject to any outstanding
ad valorem taxes (including
continued on following page