The Banks County news. (Homer, Banks County, Ga.) 1968-current, April 16, 2008, Image 9

Below is the OCR text representation for this newspapers page.

WEDNESDAY, APRIL 16, 2008 THE BANKS COUNTY NEWS PAGE 9A public notices & legal records www.malnstreetnews.com Notice of Sale Advertisement of Sale Under Power of Sale in Deed to Secure Debt State of Georgia County of Banks Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (the “Security Deed") from EDWARD L. TATRO and KEITHA L. TATRO to NORTHEAST GEORGIA BANK, dated January 10, 2007, recorded January 20, 2007, in Deed Book 206, Pages 468-470, records of Banks County, Georgia; the Security Deed secures Note dated January 10, 2007, in the original principal amount of $64,135.00, plus interest; there will be sold by the under-signed at public outcry to the highest and best bidder for cash before the Courthouse door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in May, 2008, the following described property and improvements, to wit: DESCRIPTION All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 12.31 acres, more or less, as more particularly shown on a plat of survey prepared for Edward Tatro & Keitha Tatro by G. Brian Slate, Registered Surveyor, dated October 2, 2002, revised October 28, 2002, revised January 2, 2003, recorded in Plat Book 27, Page 89, 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. The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees. Said property will be sold as the property of Edward L. Tatro and Keitha L. Tatro, and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the out standing balances of all liens superior to the Security Deed, if any. To the best knowledge and belief of the undersigned, equi table title to said property is now held by Edward L. Tatro and Keitha L. Tatro. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NORTHEAST GEORGIA BANK B y : __ As Attorney-in-fact for: Edward L. Tatro and Keitha L. Tatro Marc S. Kaufman VANDIVER & KAUFMAN, LLC Attorneys at Law 5330 Vickery Street Post Office Box 10 Lavonia, Georgia 30553 (706) 356-2323 (706) 356-3427 FAX (AP9,16,23,30P4) 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 Maria Castro to Mortgage Electronic Registration Systems, Inc. dated April 28, 2006, in the amount of $118,750.00, and recorded in Deed Book 284, Page 489, Banks County, Georgia Records; as last trans ferred to Avelo Mortgage, LLC by assignment; the undersigned, Avelo Mortgage, LLC pursuant to said deed and the 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 in May, 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 lying and being in Land Lots 185 and 186 of the 10th Land District of Banks County, and Habersham County, Georgia, per plat recorded in Plat Book 11, Page 194, Banks County, and being commonly known as 925 Park Avenue, Baldwin, Georgia, 30511. Subject to all easements and restrictions of record, if any. which has the property address of 925 Park Ave., Baldwin, Georgia, together with all fix tures and other personal prop erty conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protec tive 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 Maria Castro 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 pur chaser as provided in the afore mentioned Security Deed. Avelo Mortgage, LLC Attorney-in-Fact for Maria Castro Anthony DeMarlo, Attorney/ apatterson McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 08-07653 /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. (AP9,16,23,30B/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 ROBERT L. FRADY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 7, 2002, and recorded in Deed Book 197, Page 607, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverHome Mortgage Company, by Assignment securing a Note in the original principal amount of $97,450.00, 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, May 6, 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 Golden Hill District of Banks County, Georgia consisting of 5.00 acres, all as more fully shown by plat of survey by Jeff Weshner, Ga. Reg. No. 2323, dated June 2nd 1988, recorded in Plat Book 13 Folio 193 in the Office of the Clerk of Superior Court in Banks Co., Georgia, said plat being referred to and incorporated herein for a more complete description and being more par ticularly described as follows: BEGINNING at a point located on the southwesterly margin of right-of-way of Wynn Lake Road, said point being 16, 255 feet northwesterly from the inter section of Homer- Yonah Road; thence along the centerline of the gravel drive as shown by the aforementioned plat the follow ing courses and distances: South 25 Degrees 55'34" West 72.04 feet to a point; South 33 Degrees 41'48" West 62.43 feet to a point; South 38 Degrees 01'59" West 79.45 feet to a point; South 34 Degrees 22'05" West 25.39 feet to a point; South 22 Degrees 39'02" West 23.78 feet to a point; South 14 Degrees 13'05" West 41.73 feet to a point; South 29 Degrees 10'25" West 44.06 feet to a point; South 41 Degrees 35'55" West 133.11 feet to a point; South 53 Degrees 29'28" West 40.69 feet to a point; South 62 Degrees 10'53" West 79.68 feet to a point; South 69 Degrees 55'05" West 70.57 feet to a point; South 31 Degrees 41'53" West 28.81 feet to a point; South 13 Degrees 26'31" West 54.95 feet to a point; South 26 Degrees 03'00" West 56.70 feet to a point; South 37 Degrees 18'24" West 73.17 feet to a point; South 46 Degrees 18'44" West 77.49 feet to a point; South 16 Degrees 31'50" West 87.76 feet to a point; South 02 Degrees 14'40" East 117.32 feet to a point; South 14 Degrees 52'55" West 82.96 feet to a point; South 64 Degrees 33'01" West 270.00 feet to a point; thence leaving the center line of said gravel drive South 28 Degrees 17'47" East 110.00 feet to a point; thence South 64 Degrees 01'00" West 177.51 feet to a point; thence North 25 Degrees 59'00" West 135.45 feet to a point; thence North 02 Degrees 32'22" East 315.79 feet to a point; thence North 72 Degrees 31'00" East 117.53 feet to a point; thence North 54 Degrees 29'00" East 808.48 feet to a point; thence North 24 Degrees 22'00" East 519.70 feet to a point on the southwest erly margin of right-of-way of Wynn Lake Road; thence along the right-of-way of Wynn Lake Road South 17 Degrees 39'00" East 122.21 feet to the point of the beginning. Also Conveyed: A right-of-way easement along the gravel drive as shown by the aforementioned plat leading in a southwesterly direction from Wynn Lake Road. Said property is known as 1627 Wynn Lake Road, Alto, GA 30510, 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 matters which might be disclosed by an accu rate 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 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 Robert L. Frady, the property, to the best infor mation, knowledge and belief of the undersigned, being pres ently in the possession of Robert L. Frady, 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 distrib uted as provided by law. EverHome Mortgage Company as Attorney-in-Fact for Robert L. Frady File no. 08-002344 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER, LLP* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770) 220-2730/SM www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] (AP9,16,23,30B/1323 10000) 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 exe cuted by GLORIA DIANE LEACH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 13, 2005, in the amount of $93,500.00, and recorded in Deed Book 266, Page 632, Banks County, Georgia Records; as last transferred to HSBC Mortgage Services Inc. by assignment; the undersigned, HSBC Mortgage Services Inc. pursuant to said deed and the 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 in May, 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: Situated in the State of GA, Banks County, and described as: All that tract or parcel of land lying and being in the 912th G.M.D. of Banks County, Georgia, and being more par ticularly described accord ing to plat of survey made for Dianne Leach by Max Lewallen, Registered Surveyor, under date of September 28, 1984, a copy of said plat being of record in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 10, Page 109, as follows: Beginning at an iron pin corner common to lands of Chitwood on the Southwesterly side of the Right of Way of Georgia Highway 51, said corner being located 0.7 miles Southeasterly along said Right of Way from the Lula City Limit; thence South 54 Degrees 17 Minutes East 946 feet along said Right of Way to corner in the center of an old road bed; thence along the center of the old roadbed the follow ing courses and distances: South 74 Degrees 09 Minutes West 180.7 feet, South 75 Degrees 54 Minutes West 104.2 feet, South 80 Degrees 41 Minutes West 66.8 feet, South 84 Degrees 59 Minutes West 46.4 feet, North 71 Degrees 20 Minutes West 86.9 feet, North 65 Degrees 22 Minutes West 55.1 feet, North 49 Degrees 03 Minutes West 34.3 feet, North 28 Degrees 19 Minutes West 128.9 feet, North 34 Degrees 50 Minutes West 39.9 feet, North 46 Degrees 40 Minutes West 152.1 feet, North 48 Degrees 11 Minutes West 185.6 feet and North 51 Degrees 39 Minutes West 81.2 feet to cor ner; thence North 50 Degrees 23 Minutes East 13.7 feet to an iron pin; thence continuing North 50 Degrees 23 Minutes East 212.03 feet to the Point of Beginning, containing 5.38 acres, more or less. Property Address: 5123 Highway 51 South, Lula, GA 30554-3856. which has the property address of 5123 Highway 51 South, Lula, Georgia, togeth er with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protec tive 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 Gloria Diane Leach and the proceeds of said sale will be applied to the pay ment of said indebtedness, the expense of said sale, all as pro vided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. HSBC Mortgage Services Inc. Attorney-in-Fact for Gloria Diane Leach Anthony DeMarlo, Attorney/ efisher McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 08-05488 /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. (AP9,16,23,30B/1325 7000) Notice of Sale Notice of Sale Under Power State of Georgia County of Banks 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. dated June 10, 2002, and recorded in Deed Book 194, Page 239, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, N.A., by Assignment securing a Note in the original principal amount of $143,744.00, the hold er 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, May 6, 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 cor porate limits of the Town of Maysville, Georgia, containing 1.62 acres, more, or less, and being bounded now or formerly as follows: 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 sur vey 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 con veyed by Arthur H. Sanders to James Cecil Highfield by war ranty 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 matters which might be disclosed by an accu rate 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 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 distributed as pro vided by law. Wells Fargo Bank, N.A. 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/AB www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [FC-NOS] (AP9,16,23,30B/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 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 trans ferred to National City Mortgage Co. by assignment recorded in Deed Book 207, Page 479, Banks County, Georgia Records, con veying the after-described prop erty to secure a Note in the origi nal 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 out cry 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 May, 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 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 pro vided 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 continued on following page