Newspaper Page Text
PAGE 8A
THE BANKS COUNTY NEWS
WEDNESDAY, JUNE 4, 2008
public notices & legal records
www.malnstreetnews.com
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of Sale con
tained in that certain Security Deed
from TAMMY HALBROOK to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
as nominee for GREENPOINT
MORTGAGE FUNDING, dated
February 28, 2005, recorded March
7, 2005, in Deed Book 254, Pages
332-355, Banks County, Georgia
Records, said Security Deed having
been given to secure a Note of even
date in the original principal amount of
One Hundred Twenty Four Thousand
and 00/100 Dollars ($124,000.00),
with interest thereon as provided for
therein, said Security Deed having
been last sold, assigned and transferred
to Mortgage Electronic Registration
Systems, Inc., 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 July, 2008, all property described
in said Security Deed including but
not limited to the following described
property:
All that tract or parcel of land,
lying and being in the 465th District,
G.M. Banks County, Georgia, in the
City of Maysville, shown as Lot No.
22, Section One, Ridgeway Hills
Subdivision, containing 1.00 acre,
more or less, as per plat of survey
prepared for Darrell Hinsley by G.
Brian Slate, GRLS No. 2629, dated
February 18, 1997, and recorded in the
office of the Clerk of Superior Court of
Banks County, Georgia, in Plat Book
21, Page 202. Said plat as recorded is
hereby referenced for a more detailed
description of said property.
This conveyance is made subject to
all zoning ordinances, easements and
restrictions of record affecting said
bargained premises.
Said property is commonly known
as 54 W. Ridgeway Road, Maysville,
Georgia 30558.
The indebtedness secured by said
Security Deed has been and is here
by declared due because of default
under the terms of said Security Deed
and Note, including but not limited to
the nonpayment of the indebtedness
as and when due. The indebtedness
remaining in default, this sale will be
made for the purpose of paying the
same, all expenses of the sale, includ
ing attorneys’ fees and all other pay
ments provided for under the terms of
the Security Deed and Note.
Said property will be sold subject to
the following items which may affect
the title to said property: all zoning
ordinances; matters which would be
disclosed by an accurate survey or by
an inspection of the property; any out
standing taxes, including but not lim
ited to ad valorem taxes, which consti
tute liens upon said property; special
assessments; all outstanding bills for
public utilities which constitute liens
upon said property; all restrictive cov
enants, easements, rights-of-way and
any other matters of record superior
to said Security Deed. To the best
of the knowledge and belief of the
undersigned, the party in possession
of the property is Tammy Halbrook or
tenant(s).
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. The above
law firm is acting as a debt collector.
Any information obtained will be used
for that purpose.
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
as Attorney-in-Fact for TAMMY
HALBROOK
Lender Contact: GREENPOINT
MORTGAGE FUNDING, INC., Loss
Mitigation Dept. 706-641-4206
Lender Address: 2300
BROOKSTONE CENTRE PKWY.,
COLUMBUS, GA 31904
Attorney Contact: Adorno & Yoss,
L.L.C., 1349 West Peachtree Suite
1500, Atlanta, GA, 30309
TELEPHONE NUMBER: (888)
890-5390 ADORNO FILE NO.
215906.0220
http://WWW.ADORNO.COM/
ATLDOCS/SALES.HTML
THE ABOVE
LAW
FIRM
IS ACTING AS
A
DEBT
COLLECTOR.
ANY
INFORMATION
OBTAINED
WILL BE USED
FOR
THAT
PURPOSE.
(JN4,11,18,25B/13997-60T4P0)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of Sale con
tained in Security Deed from
STANLEY WESTMORELAND
and VICKIE WESTMORELAND to
COMMUNITY BANK & TRUST,
dated May 2, 2003, which Deed is
recorded among Banks County,
Georgia Records in Deed Book
213, Page 553, said Security Deed
being given to secure a Note dated
December 22, 2006 in the original
principal amount of ONE HUNDRED
NINETY SIX THOUSAND SEVEN
HUNDRED TWENTY SIX AND
42/100 ($196,726.42) DOLLARS,
with interest thereon as set forth there
in, there will be sold by the under
signed 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 July, 2008, (July 1, 2008)
the following described property, to
wit:
All that tract or parcel of land lying
and being in the 912th District, G.M.,
Banks County, Georgia, and being
that 2.51 acres, more or less, as more
particularly shown on a plat of survey
prepared for Stanley Westmoreland by
Max Lewallen, Registered Surveyor,
dated January 30, 1995, recorded in
Plat Book 19, Page 138, in the Office
of the Clerk of the Superior Court of
Banks County, Georgia and incorpo
rated herein and made a part hereof by
reference for a more detailed descrip
tion.
Said property is known as 2744
Highway 51 South, Lula, Georgia,
30554, together with all fixtures and
personal property attached to and con
stituting 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 COMMUNITY BANK
& TRUST has given notice of its inten
tion to foreclose 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 indebtedness,
including all accrued and unpaid inter
est thereon, and attorney’s fees and all
expenses of said sale.
Said property will be sold subject
to any outstanding ad valorem taxes
(including taxes which are a lien,
whether or not now due and pay
able), the right of redemption of any
taxing authority, 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.
Specifically, said property shall be sold
subject to the lien of Deed to Secure
Debt from Stanley Westmoreland
and Vickie Westmoreland to Express
Mortgage Services, dated April 16,
1999 and recorded among Banks
County, Georgia Records in Deed
Book 143, page 38.
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.
The property will be sold as the prop-
ertyofSTANLEYWESTMORELAND
and VICKIE WESTMORELAND,
who, to the best of the undersigned’s
knowledge and belief, are the parties
in possession of said property.
COMMUNITY BANK & TRUST,
as Attorney-in-Fact for STANLEY
WESTMORELAND and VICKIE
WESTMORELAND
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR. ANY
INFORMATION
OBTAINED
WILL BE USED
FOR THAT
PURPOSE.
(JN4,11,18,25B/1326-60T0P0)
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 TOM CROCKER and
JANICE M. MARTIN to NATIONAL
FINANCE CORPORATION, dated
February 27, 1999, recorded in Deed
Book 141, Page 85, Banks County,
Georgia Records, as last transferred to
JP Morgan Chase Bank, NA as suc
cessor Trustee by merger to The First
National Bank of Chicago, as Trustee
for GE Capital Mortgage Services
Inc. Trust 1999-HE2 by assignment
recorded in Deed Book 161, Page
335, Banks County, Georgia Records,
conveying the after-described property
to secure a Note in the original prin
cipal amount of SEVENTY-THREE
THOUSAND ONE HUNDRED AND
0/100 DOLLARS ($73,100.00), 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 July, 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 provided in
Security Deed and by law, including
attorneys fees (notice of intent to col
lect 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 accu
rate survey and inspection of the prop
erty, any assessments, liens, encum
brances, zoning ordinances, restric
tions, covenants, and matters of record
superior to the Security Deed first set
out above.
The entity that has full authority
to negotiate, amend, and modify all
terms of the mortgage with the debtor
is: Wells Fargo Home Mortgage, Inc.,
3476 Stateview Blvd, Foreclosure Mac
# X7801-013, Fort Mill, SC 29515,
877-216-8448. Please understand that
the secured creditor is not required to
negotiate, amend, or modify the terms
of the mortgage instrument.
To the best knowledge and belief of
the undersigned, the party in posses
sion of the property is Tom Crocker
and Janice M. Martin or a tenant or
tenants and said property is more com
monly known as 10801 US Hwy. 441,
Commerce, Georgia 30529.
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.
JP Morgan Chase Bank, NA as suc
cessor Trustee by merger to The First
National Bank of Chicago, as Trustee
for GE Capital Mortgage Services
Inc. Trust 1999-HE2 as Attorney-in
Fact for Tom Crocker and Janice M.
Martin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/oca 7/1/08
Our file no. 5264107-FT5
EXHIBIT A
All that tract or parcel of land lying
and being in the 206th District, G.M.
Banks County, Georgia and containing
4.584 acres, more or less, as shown
on that plat and survey for Janice M.
Martin prepared by Ben McLeroy &
Associates, Registered Surveyor, dated
March 28, 1994, and recorded in the
Office of the Clerk of Superior Court
of Banks County, Georgia, in Plat
Book 19, Page 9. Said plat, as record
ed, is hereby referenced for a more
detailed description of said property.
(JN4,11,18,25B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power of sale con
tained in a Deed to Secure Debt from
DANIEL WILSON to THE BRAND
BANKING COMPANY dated January
16, 2004, and recorded in Deed Book
229 at Pages 822-824, in the Records
of the Clerk of Superior Court, Banks
County, Georgia, as modified by that
certain Modification Agreement dated
June 2, 2007, and recorded in Deed
Book 308, Page 428, Banks County
Records, there will be offered for sale
at public outcry to the highest bidder
for cash before the Courthouse door
of said County during the legal hours
of sale on July 1, 2008, the following
described property:
All that tract or parcel of land lying
and being in the City of Homer, 265th
District, G.M., Banks County, Georgia,
and being that 1.90 acres, more or less,
as more particularly shown on a plat of
survey prepared for Arthur R. Hill by
Max Lewellen, Registered Surveyor,
dated December 22, 1986, recorded
in Plat Book 12, Page 170, 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 aforesaid Deed secures any
other or future indebtedness of the
Grantor therein specified, including
any renewal thereof.
The indebtedness secured by said
Deed has been declared due and pay
able by reason of default under the
provisions of said Deed and the terms
of the Note or Notes secured thereby,
and sale will be made for the pur
pose of applying the proceeds thereof
toward expenses of sale, payment of
the indebtedness and interest thereon,
and any balance remaining shall be
applied as provided by law.
The property will be sold as the
property of Daniel Wilson, who, to the
best of the undersigned’s knowledge
and belief, is the party in possession of
the property.
Notice has been given of intention
to enforce provisions for collection
of attorneys’ fees and expenses of
foreclosure in accordance with legal
requirements and the terms of the
above Note and Deed.
The property will be sold subject to
any and all unpaid taxes, assessments,
general subdivision restrictions, and
other restrictions and easements of
record, if any.
THE BRAND BANKING
COMPANY,
Attorney-in-Fact for Daniel Wilson
Steven A. Pickens, Esq.
MAHAFFEY PICKENS TUCKER,
LLP
1550 North Brown Road
Suite 125
Lawrenceville, Georgia 30043
770-232-0000
(JN4,11,18,25P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power
of Sale contained in a Deed to Secure
Debt given by SANTOS ALFARO to
EQUIFIRST CORPORATION, dated
September 24, 2002, and recorded
in Deed Book 199, Page 523, Banks
County, Georgia records, as last
assigned to Deutsche Bank National
Trust Company, as Trustee, in trust
for registered Holders of Equifirst
Mortgage Loan Trust 2003-1, Asset-
Backed Certificates, Series 2003-1 by
assignment to be recorded in Banks
County, Georgia records, conveying
the after-described property to secure
a Note of even date in the original
principal amount of $122,000.00, with
interest at the rate specified therein,
there will be sold by the undersigned
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 July, 2008, to wit: July 1, 2008, the
following described property:
All that tract or parcel of land lying
and being in the 465th District G.M.D.
of Banks County, Georgia, in the
City of Maysville, containing 0.78
acre, more or less, and being bounded
now or formerly as follows: North by
Georgia Highway 98 and Lot 2; East
by Lot 2; South by Lot 8 and Oak
Drive; and West by Oak Drive and
Georgia Highway 98. Said tract of
land is shown and designated as Lot
1, Section A, of Oak Grove Estates,
on a Plat of Survey prepared by Max
Lewallen, Surveyor, for Marion Jarrett,
dated April 15, 1993, and recorded in
the public records of Banks County,
Georgia, in Plat Book 18, Page 3,
which is by reference incorporated
herein for a more complete descrip
tion.
The debt secured by said Deed to
Secure Debt 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 Deed to Secure Debt. 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 Deed to Secure Debt
and by law, including attorney’s fees
(notice of intent to collect attorney’s
fees having been given).
To the best knowledge and belief of
the undersigned, the party (or parties)
in possession of the subject property
known as 109 Oak Drive, Maysville,
GA 30558 is (are): Santos Alfaro or
tenant or tenants.
Said property will be sold subject to
(a) any outstanding ad valorem taxes
(including taxes which are a lien, but
not yet due and payable), (b) any mat
ters which might be disclosed by an
accurate survey and inspection of the
property, and (c) all matters of record
superior to the Deed to Secure Debt
first set out above, including, but not
limited to, assessments, liens, encum
brances, zoning ordinances, easements,
restrictions, covenants, etc.
The sale will be conducted subject
to (1) confirmation that the sale is not
prohibited under the U.S. Bankruptcy
Code; (2) O.C.G.A. Section 9-13-172.1;
and (3) final confirmation and audit of
the status of the loan with the holder of
the security deed.
Pursuant to O.C.G.A. Section
9-13-172.1, which allows for certain
procedures regarding the rescission
of judicial and nonjudicial sales in
the State of Georgia, the Deed Under
Power and other foreclosure docu
ments may not be provided until final
confirmation and audit of the status of
the loan as provided in the preceding
paragraph.
Deutsche Bank National Trust
Company, as Trustee, in trust for reg
istered Holders of Equifirst Mortgage
Loan Trust 2003-1, Asset-Backed
Certificates, Series 2003-1 as attorney-
in-fact for Santos Alfaro
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR
ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR
THAT PURPOSE.
FC07-876
(JN4,11,18,25P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the power of
sale contained in a Security Deed from
DANIEL MURILLO to UNITED
COMMUNITY BANK, dated May 18,
2007, recorded May 25, 2007, in Deed
Book 306, Page 202, Banks County,
Georgia Records, said Security Deed
being given to secure a Note from
DANIEL MURILLO of even date
in the original principal amount of
TWO HUNDRED TWENTY EIGHT
THOUSAND THREE HUNDRED
SEVEN AND 75/100 ($228,307.75)
DOLLARS, with interest from date
at a rate per cent per annum on the
unpaid balance until paid; there will be
sold by the undersigned at public out
cry 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 July, 2008, the
following described property:
All that tract or parcel of land lying
and being in Land Lot 200 of the
10th Land District of Banks County,
Georgia containing 1.06 acres, more
or less, as shown as Tract C on plat
of survey dated October 25, 2001, by
Jerome P. Sanders, RS, and recorded
among Banks County, Georgia records
in Plat Book 27, Page 17, the same
being incorporated herein for a more
full and adequate description.
Subject to Restrictions, easements
and rights of ways of record.
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
the Security Deed and by law, includ
ing attorney’s fees (notice of intent
to collect attorney’s 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 accu
rate survey and inspection of the prop
erty, any assessments, liens, easements,
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 DANIEL
MURILLO or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney-in-Fact for DANIEL
MURILLO
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00435
(JN4,11,18,25B/16022-50T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of the Power
of Sale in Deed contained in the Deed
to Secure Debt in favor of JERRY
D. GRIFFIN from WILLIAM A.
GRIFFIN, III dated September 29,
2003, recorded in Deed Book 228, Page
326 et seq., Banks County, Georgia
Deed Records, said Deed to Secure
Debt having been given to secure a
Promissory Note in favor of Jerry D.
Griffin from Griffin Brothers, Inc. and
William A. Griffin, Jr. in the original
principal amount of $600,000.00 dated
September 29, 2003, there will be sold
by the undersigned at public outcry,
during the legal hours of sale before
the door of the Courthouse of Banks
County, Georgia, on the first Tuesday
in July, 2008, to wit, July 1, 2008, to
the highest and best bidder for cash the
property described as follows, to wit:
All that tract or parcel of land lying
and being in the 912th District, GM,
Banks County, Georgia, being desig
nated as the following tracts on a plat
of survey prepared by Max Lewallen,
RLS, dated October 31, 1989, and
recorded among Banks County,
Georgia Records in Plat Book 15,
Page 65: Tract 2A containing 15.66
acres, Tract 2B containing 59.02 acres,
Tract 3A containing 25.47 acres, Tract
3B containing 130.94 acres, and Tract
4 containing 160.70 acres.
LESS AND EXCEPT: 67 acres that
was previously conveyed to Deborah
W. Poole and Michael J. Poole, dated
June 28, 1990, and recorded among
the Banks County, Georgia Records
in Deed Book 60, Page 13, and which
is shown on plat of survey dated June
12, 1990, prepared by Max Lewallen,
RLS, and recorded among the Banks
County, Georgia Records in Plat Book
15, Page 155.
LESS AND EXCEPT FROM THE
ABOVE DESCRIBED PROPERTY
is that portion containing 2 acres of
land, more or less, that the home of
William A. Griffin, III is built on and
being more particularly described as
follows:
All that tract or parcel of land lying
and being in the 912th District, G.M.,
Banks County, Georgia containing 2.17
acres, more or less, on a plat of survey
prepared by Max Lewallen, RLS, dated
June 22, 1994, and recorded among
Banks County, Georgia Records in
Plat Book 28, page 56. Said plat is
incorporated herein by reference for a
more detailed description.
The debt secured by said Deed to
Secure Debt and Note has been and
is hereby declared due and payable in
full because of nonpayment of princi
pal and interest pursuant to the terms
of said Deed to Secure Debt and Note.
Notice has been given of intention
to enforce provisions for collection
of attorney’s fees and foreclosure in
accordance with legal requirements
and the terms of the Deed to Secure
Debt and Note. The indebtedness
remaining in default, the sale will
be made for the purpose of apply
ing proceeds thereof to the payment
of the indebtedness secured by the
Deed to Secure Debt, accrued inter-
continued on following page
Need to advertise? Log onto mainstreetnews.com
and click on "classifieds"