Newspaper Page Text
PAGE 4B
THE BANKS COUNTY NEWS
WEDNESDAY, JUNE 25, 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 cer
tain 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 hav
ing been given to secure a Note
of even date in the original prin
cipal 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 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 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 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,
including but not limited to the
nonpayment of the indebtedness
as and when due. The indebted
ness remaining in default, this
sale will be made for the purpose
of paying the same, all expenses
of the sale, including attorneys’
fees and all other payments pro
vided 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
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 contained 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 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 pub
lic 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, record
ed 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 refer
ence for a more detailed descrip
tion.
Said property is known as
2744 Highway 51 South, Lula,
Georgia, 30554, together with
all fixtures and personal prop
erty 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 pay
ment of the principal and inter
est, and COMMUNITY BANK
& TRUST has given notice of
its intention to foreclose said
Security Deed and claim attor
ney’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 remain
ing in default, this sale will be
made for the purpose of pay
ing said indebtedness, including
all accrued and unpaid interest
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 payable), the
right of redemption of any tax
ing authority, any matters which
might be disclosed by an accu
rate survey and inspection of the
property, any assessments, liens,
encumbrances, zoning ordinanc
es, restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above. Specifically, said prop
erty 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 property of STANLEY
WESTMORELAND and
VICKIE WESTMORELAND,
who, to the best of the under
signed’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
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 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 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 bound
ed 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 pub
lic records of Banks County,
Georgia, in Plat Book 18, Page
3, which is by reference incorpo
rated 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 pur
pose 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 attor
ney’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 inspec
tion 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,
encumbrances, zoning ordinanc
es, easements, restrictions, cov
enants, 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 non
judicial sales in the State of
Georgia, the Deed Under Power
and other foreclosure documents
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
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 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 designated 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 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 sur
vey 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 incor
porated 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 principal 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 indebted
ness remaining in default, the
sale will be made for the purpose
of applying proceeds thereof to
the payment of the indebted
ness 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 attor
ney’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 proper
ty 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 outstanding ad valorem taxes,
easements, restrictions and other
matters of record superior to the
above-referenced 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
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 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 trans
ferred to National City Bank 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
TWELVE THOUSAND FOUR
HUNDRED AND 0/100
DOLLARS ($112,400.00),
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 July, 2008,
the following described prop
erty:
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 pur
pose of paying the same and all
expenses of this sale, as provid
ed in Security Deed and by law,
including attorneys 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 accu
rate survey and inspection of the
property, any assessments, liens,
encumbrances, zoning ordinanc
es, restrictions, covenants, and
matters of record superior to
the Security Deed first set out
above.
The entity that has full author
ity to negotiate, amend, and
modify all terms of the mortgage
with debtor is: National City
Home Loan Services, Inc., 150
Allegheny Center-ICD 23-521,
Pittsburgh, PA 15212, (412)
442-3894. Please understand
that the secured creditor is not
required to negotiate, amend, or
modify the terms of the mort
gage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Randy Lee Hughes or a
tenant or tenants and said prop
erty is more commonly known
as 139 Oak Drive, 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.
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
designated 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
incorporated 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 Sale contained
in a Security Deed given by
KEVIN L. HOFFMAN and
continued on following page