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WEDNESDAY, MARCH 19, 2008
THE BANKS COUNTY NEWS
PAGE 9A
public notices & legal records
www.malnstreetnews.com
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the
payment of the indebtedness
securedbyaSecurity Deed exe
cuted 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 there
by secured has declared the
entire amount of said indebt
edness due and payable and,
pursuant to the power of sale
contained 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 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
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 ref
erence for a more detailed
description.
Said property is known as
316 Hwy 59, Commerce,
GA 30530, together with all
fixtures and personal prop
erty attached to and consti
tuting 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, wheth
er or not now due and pay
able), the right of redemp
tion of any taxing author
ity, any matters which might
be disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 con
firmation 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 indebt
edness and all the expenses
of said sale, including attor
ney'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 con
tained in a Security Deed
given by TOMMY JONES to
OPTION ONE MORTGAGE
CORPORATION, dated June
10, 2005, recorded 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
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 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 disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Tommy Jones or
a tenant or tenants and said
property 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 con
firmation 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, pre
pared 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 incor
porated 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 principal 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 pub
lic 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, containing
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, recorded in Banks
County, Georgia Records of
the Clerk of Superior Court
in Plat Book 21, Page 207.
Said Plat is hereby incorpo
rated 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 pur
pose of paying the same and
all expenses of this sale, as
provided in the Security Deed
and by law, including attor
ney's fees (notice of intent to
collect attorney's fees having
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 disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 con
firmation 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 ten
ants 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 con
tained 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
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 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 disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 L J Armour or a
tenant or tenants and said
property is more common
ly 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 con
firmation and audit of the
status of the loan with the
holder of the security deed.
Franklin Bank SSB as
Attorney-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 incor
porated herein for a more
complete description Tax
parcel 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, conveying
the after-described proper
ty 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
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 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 disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 Michael H. Ivey or
a tenant or tenants and said
property is more commonly
known as 160 Kay Drive,
Carnesville, Georgia
30521.
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 con
firmation and audit of the
status of the loan with the
holder of the security deed.
Wells Fargo Bank, N.A. sbm
Wells Fargo Home Mortgage,
Inc. as Attorney-in-Fact for
Michael H. Ivey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jtm 4/1/08
Our file no. 5393108-FT7
EXHIBIT A
That tract or parcel of Land
lying and being in the 1206th
GMD of Banks County,
Georgia, being described as
Lot 2, containing 2.00 acres,
more or less, as shown on a
plat of survey for Fred Kay
& Jean P. Kay and Dwayne
Ivey & Diana K. Ivey dated
July 16, 1980, revised July
28, 1980, divided November
26, 2003, and recorded in
Plat Book 28, Page 93, Banks
County Records; said plat
being incorporated herein by
reference for a more com
plete description of the prop
erty. This being a portion of
the property conveyed by
Warranty Deed from Alfred
continued on following page