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PAGE 4B
THE BANKS COUNTY NEWS
WEDNESDAY, JUNE 18, 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 contained 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 there
on 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 refer
enced for a more detailed descrip
tion of said property.
This conveyance is made sub
ject 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 hereby declared due because
of default under the terms of said
Security Deed and Note, includ
ing but not limited to the non
payment of the indebtedness as
and when due. The indebtedness
remaining in default, this sale will
be made for the purpose of pay
ing the same, all expenses of the
sale, including attorneys’ fees and
all other payments provided for
under the terms of the Security
Deed and Note.
Said property will be sold sub
ject to the following items which
may affect the title to said prop
erty: all zoning ordinances; mat
ters which would be disclosed
by an accurate survey or by an
inspection of the property; any
outstanding taxes, including but
not limited to ad valorem taxes,
which constitute liens upon said
property; special assessments; all
outstanding bills for public utili
ties 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 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. The above
law firm is acting as a debt collec
tor. 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
contained in Security Deed from
STANLEY WESTMORELAND
andVICKIE 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 princi
pal amount of ONE HUNDRED
NINETY SIX THOUSAND
SEVEN HUNDRED TWENTY
SIX AND 42/100 ($196,726.42)
DOLLARS, with interest thereon
as set forth therein, there will be
sold by the undersigned 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 incorporated herein and made
a part hereof by reference for a
more detailed description.
Said property is known as
2744 Highway 51 South, Lula,
Georgia, 30554, together with
all fixtures and personal property
attached to and constituting 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 intention 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 indebt
edness secured by said Security
Deed. The debt remaining in
default, this sale will be made for
the purpose of paying said indebt
edness, including all accrued and
unpaid interest thereon, and attor
ney’s fees and all expenses of said
sale.
Said property will be sold sub
ject 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 inspec
tion 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. 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 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.
The property will be sold as
the property of STANLEY
WESTMORELAND andVICKIE
WESTMORELAND, who, to the
best of the undersigned’s knowl
edge and belief, are the parties in
possession of said property.
COMMUNITY BANK
& TRUST, as Attorney-
in-Fact for STANLEY
WESTMORELAND andVICKIE
WESTMORELAND
M. KEITH YORK,
KIMZEY, KIMZEY & YORK
1070 South Main Street
P. O. Box 38
Cornelia, Georgia 30531
(706) 778-6823
THIS LAW FIRM ISACTING
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
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 description.
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 indebt
edness 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 sub
ject to (a) any outstanding ad
valorem taxes (including taxes
which are a lien, but not yet due
and payable), (b) any matters
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, encumbranc
es, 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 nonjudi
cial sales in the State of Georgia,
the Deed Under Power and other
foreclosure documents may not
be provided until final confirma
tion and audit of the status of the
loan as provided in the preceding
paragraph.
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 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 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 prin
cipal 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 fol
lows, to wit:
All that tract or parcel of land
lying and being in the 912th
District, GM, Banks County,
Georgia, being designated as the
following tracts on a plat of sur
vey 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 contain
ing 160.70 acres.
LESS AND EXCEPT: 67
acres that was previously con
veyed 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 sur
vey dated June 12, 1990, pre
pared 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 con
taining 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 non
payment of principal and inter
est pursuant to the terms of said
Deed to Secure Debt and Note.
Notice has been given of inten
tion 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 remain
ing in default, the sale will be
made for the purpose of applying
proceeds thereof to the payment
of the indebtedness secured by
the Deed to Secure Debt, accrued
interest and expenses of the sale
and other sums secured by the
Deed to Secure Debt including
attorney’s fees, and the remainder
if any shall be applied as provided
by law.
To the best of the undersigned’s
knowledge and belief the property
is in the possession of William A.
Griffin, III and said property will
be sold as the property of William
A. Griffin, III subject to outstand
ing ad valorem taxes, easements,
restrictions and other matters of
record superior to the above-ref
erenced security deed, if any. The
undersigned will execute a deed
to the purchaser at said sale as
provided in the Deed to Secure
Debt.
JERRY D. GRIFFIN, as
Attorney-in-Fact for William A.
Griffin, III
WHELCHEL, DUNLAP,
JARRARD & WALKER, LLP
Post Office Box 1
Gainesville, GA 30503
(JN4,11,18,25B/1016-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM ISACTING
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 RANDY LEE
HUGHES to FIRST FRANKLIN,
a Division of Nat City Bank of
IN, dated May 31, 2005, recorded
in Deed Book 259, Page 726,
Banks County, Georgia Records,
as last transferred to National City
Bank by assignment to be record
ed 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
TWELVE THOUSAND FOUR
HUNDRED AND 0/100
DOLLARS ($112,400.00), 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 July, 2008, the follow
ing 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 indebt
edness 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 pay
ing the same and all expenses of
this sale, as provided in Security
Deed and by law, including attor
neys fees (notice of intent to col
lect attorneys fees having been
given).
Said property will be sold sub
ject 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.
The entity that has full authority
to negotiate, amend, and modify
all terms of the mortgage with
debtor is: National City Home
Loan Services, Inc., 150Allegheny
Center-ICD 23-521, Pittsburgh,
PA 15212, (412) 442-3894. Please
understand that the secured credi
tor 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 possession of the proper
ty is Randy Lee Hughes or a ten
ant or tenants and said property
is more commonly known as 139
Oak Drive, Maysville, Georgia
30558.
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.
National City Bank as Attorney-
in-Fact for Randy Lee Hughes
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/lo1 7/1/08
Our file no. 51127508-FT1
EXHIBIT A
“All that tract or parcel of land,
together with all improvements
thereon, situate, lying and being
in the 465th District, G.M., Banks
County, Georgia, in the City
of Maysville, and being desig
nated as Lot Number 18 on a
plat of survey prepared for Oak
Groves Estates by Timberland
Management Services, Inc., W.
W. Lester, registered surveyor
#2128, dated March 25, 1987.
Said plat is recorded in Plat Book
A, Page 32, 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.
Subject to all easements and
restrictions of record, if any.”
(JN4,11,18,25B/12062-70T1P)
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 SalecontainedinaSecurity Deed
given by KEVIN L. HOFFMAN
and LISA HOFFMAN to UNION
PLANTERS BANK, NA d/b/a
REGIONS MORTGAGE, dated
November 17, 2004, recorded in
Deed Book 248, Page 370, Banks
County, Georgia Records, convey
ing the after-described property to
secure a Note in the original prin
cipal amount of ONE HUNDRED
SIXTY-SIX THOUSAND
FIVE HUNDRED AND 0/100
DOLLARS ($166,500.00), with
interest thereon as set forth there
in, there will be sold at public
outcry to the highest bidder for
continued on following page