The Banks County news. (Homer, Banks County, Ga.) 1968-current, July 09, 2008, Image 19

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WEDNESDAY, JULY 9, 2008 THE BANKS COUNTY NEWS PAGE 7B Public Notices Continued 2800 North Druid Hills Rd. Building B, Suite 100 Atlanta, GA 30329 (404) 982-0088 M&B File No.: 08-7029 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR- ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED Will BF IJSFD FOR THAT PURPOSE. (JU9,16,23,30B/1327-50) Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of the power of sale contained in a Security Deed from MATTHEW E. CASALINI to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for AMERICAN MORTGAGE NETWORK, INC. dated July 21, 2005, recorded in Deed Book 263, Page 512, Banks County Records, and last assigned to Chase Home Finance LLC, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-EIGHT THOUSAND AND 00/100 ($88,000.00), 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, during the legal hours of sale on the first Tuesday, August 5, 2008, the following described property, to wit: All that tract or parcel of land lying and being in the 207th District, G.M.D., Banks County, Georgia, and being that 1.80 acres, more or less, as more par ticularly shown on a plat of sur vey prepared for PCC Charitable Foundation by G. Brian Slate, Registered Surveyor, dated December 8, 2000, recorded in Plat Book 25, Page 147, 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 said Security Deed has been and is hereby declared due because of nonpayment of the indebted ness when due and in the man ner provided in the Note and Security Deed. The debt remain ing in default, the sale will be made for the purpose of paying the same and all expenses of sale, as provided in the Security Deed and by law, including attorney's fees, notice of intent to collect attorney's fees having been given. Said property will be sold sub ject to any outstanding ad valor em taxes, any assessments, liens, encumbrances, zoning ordinanc es, 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 possession of the prop erty Matthew E. Casalini or, a tenant or tenants, and said property was or is commonly known as 298 Rylee Road, Commerce, GA 30530. 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. Chase Home Finance LLC As Attorney-in-Fact for Matthew E. Casalini Martin & Brunavs 2800 North Druid Hills Rd. Building B, Suite 100 Atlanta, GA 30329 (404) 982-0088 M&B File No.: 08-7030 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED Will BF USED FOR THAT PURPOSE. (/C/9,16,23,30B/1327-50) 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 JOANN G. FLANIGAN and RUFUS RAY FLANIGAN to CONSECO FINANCE SERVICING CORP. N/K/A GREEN TREE SERVICING LLC, dated JUNE 27, 2001, and recorded on JUNE 29, 2001, in DEED BOOK 174, PAGE 498, of the BANKS County, Georgia Records; conveying the after-described property to secure a Note in the original principal amount of SIXTY-FIVE THOUSAND ONE HUNDRED EIGHTY-THREE Dollars and 79/100 ($65,183.79) 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 AUGUST, 2008, the following described property: That tract or parcel of land lying and being in the 371st GMD of Banks County, Georgia, containing 2.00 acres, more or less, as shown on a plat of sur vey for Stacy W. Jordan and Dorothy M. Jordan, dated April 24, 2001, and recorded in Plat Book 26, Page 2, Banks County Records; said Plat being incor porated herein by reference for a more complete description of the property. This being a portion of the property conveyed by Deed from Mrs. Lucille M. Flanigan to Rufus Ray Flanigan, dated September 13, 1974, and recorded in Deed Book 6, Page 125, Banks County Records. Also conveyed herewith is a 2000 Clayton 28 x 60 Manufactured Home, Serial Number WHC010823GAAB, 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 pay able because of, among other possible events of default, non payment of the monthly install ments as required by said Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expens es of this sale, as provided in the Security Deed and by law, including attorney'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 sub ject to any outstanding ad valor em 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 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. To the best of the under signed's knowledge and belief, said property is also known as 2.00 Acres, Damascus Road, Baldwin, Georgia 30511, and the party in possession of the property is Joann G. Flanigan, Estate of Rufus Ray Flanigan or a tenant or tenants of said property. CONSECO FINANCE SERVICING CORP. N/K/A GREEN TREE SERVICING LLC As Attorney-in-Fact for JOANN G. FLANIGAN and RUFUS RAY FLANIGAN 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. (]U9,16,23,30P4) 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 4, 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 ($124,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and trans ferred to GreenPoint Mortgage Funding, Inc., there will be sold at public outcry to the high est bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in August, 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 pre pared 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 prop erty. 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 West Ridgeway Road, Maysville, GA 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 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 COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. GREENPOINT MORTGAGE FUNDING, INC. as Attorney-in- Fact for TAMMY HALBROOK Lender Contact: GREENPOINT, Loss Mitigation Dept., 2300 Brookstone Center Parkway, Columbus, GA 31904 TELEPHONE NUMBER: 706-641-4206 Attorney Contact: Adorno & Yoss LLC, Two Midtown Plaza, 1349 West Peachtree Suite 1500, Atlanta, GA 30309 TELEPHONE NUMBER: (888) 890-5309 ADORNO FILE NO. 215906.0230 WWW. ADORNO.COM/ ATLDOCS/SALES.HTML (]U9,16,23,30B/13997-60) 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 CORNELL C. SMITH to UNITED COMMUNITY BANK, dated March 8, 2006, recorded March 15, 2006, in Deed Book 277, Page 615, Banks County, Georgia Records, said Security Deed being given to secure a Note from CORNELL C. SMITH of even date in the original principal amount of THIRTY FOUR THOUSAND TWO HUNDRED AND 00/100 ($34,200.00) 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 outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, with in the legal hours of sale on the first Tuesday in August, 2008, the following described property: All that tract or parcel of land lying and being in the 448th & 1580th General Militia District, Banks County, City of Baldwin, Georgia, being shown and des ignated as Lot 27, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.393 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in the Office of the Clerk of Superior Court Banks County, Georgia, in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more com plete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdi vision roads, as shown on the plat of survey referred to above. 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 paying the same and all expens es of this sale, as provided in the Security Deed and by law, including 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 accurate survey and inspection of the property, 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 possession of the prop erty is CORNELL C. SMITH or a tenant or tenants. UNITED COMMUNITY BANK, as attorney-in-Fact for CORNELL C. SMITH L. Lou Allen Stites & Harbison, PLLC 11 Mountain Street, Suite 8 Blue Ridge, Georgia 30513 (706) 632-7923 File No. 7484A-00498 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED Will BF USED FOR THAT PURPOSE. (IU9,16,23,30B/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 contained in a Security Deed from ALETHEA R. COLE-SMITH to UNITED COMMUNITY BANK, dated March 8, 2006, recorded March 15, 2006, in Deed Book 277, Page 626, Banks County, Georgia Records, said Security Deed being given to secure a Note from ALETHE R. COLE-SMITH of even date in the original principal amount of Thirty Four Thousand Two Hundred and 00/100 ($34,200.00) Dollars, with inter est from date at a rate per cent per annum on the unpaid bal ance until paid; there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Banks County, Georgia, with in the legal hours of sale on the first Tuesday in August, 2008, the following described property: All that tract or parcel of land lying and being in the 448th & 1580th General Militia District, Banks County, City of Baldwin, Georgia, being shown and des ignated as Lot 29, Phase 4 of the Apple Pie Ridge Subdivision, containing 1.609 acres, more or less on a plat of survey prepared by Edwin G. Davidson, R.L.S., under date of June 10, 2004, recorded in the Office of the Clerk of Superior Court Banks County, Georgia, in Plat Book E, Pages 62-64, to which said plat and the record thereof, reference is hereby made for a more com plete description. Together with a permanent non-exclusive easement for ingress and egress to and from the above described property via the course of the existing subdi vision roads, as shown on the plat of survey referred to above. 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 paying the same and all expens es of this sale, as provided in the Security Deed and by law, including 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 accurate survey and inspection of the property, 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 possession of the prop erty is ALETHEA R. COLE-SMITH or a tenant or tenants. UNITED COMMUNITY BANK, as attorney-in-Fact for ALETHEA R. COLE-SMITH L. Lou Allen Stites & Harbison, PLLC 11 Mountain Street, Suite 8 Blue Ridge, Georgia 30513 (706) 632-7923 File No. 7484A-00499 THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (JU9,16,23,30B/16022-50T1P) 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 JAMES LETSON A/K/A JAMES M. LETSON to REGIONS MORTGAGE, INC., dated October 22, 1999, record ed in Deed Book 150, Page 1, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-SIX THOUSAND TWO HUNDRED FIFTY AND 0/100 DOLLARS ($56,250.00), 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 August, 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 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 sub ject to any outstanding ad valor em 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 mort gage with the debtor is: Regions Mortgage, 1900 Charles Bryan Road AX2, Cordova, TN 38018, 800-986-2462. Please under stand that the secured creditor is not required by law 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 prop erty is James Letson A/K/A James M. Letson or a tenant or ten ants and said property is more commonly known as 210 West Coker Road, Alto, Georgia 30510. 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. Regions Bank sbm Regions Mortgage, Inc as Attorney-in-Fact for James Letson A/K/A James M. Letson McCalla Raymer, LLC 1544 01 Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/as5 8/5/08 Our file no. 51538008-FT8 EXHIBIT A All that tract or parcel of land lying and being in G.M.D. 448 (Golden Hill) of Banks County, Georgia, containing 3.557 acres, more or less, as shown on plat of survey prepared by Roy A. Terrell, R.L.S., dated July 24, 1973 and recorded among Banks County, Georgia records in Plat Book 5, Page 17, said plat being incorporated herein by reference for a more full and complete description. Also conveyed are perpetual rights of ingress and egress as conveyed via by easement go grantors by Charles Campbell, Fannie Arrowood, Arthur Arrowood, Wayne Arrowood, Alfred Arrowood, and Linda Arrowood Fairclough, which easements are recorded among Banks County, Georgia Records. (JU9,16,23,30B/12062-60T1P) Purcell Estate Notice to Debtors and Creditors All creditors of the Estate of DONALD SANFORD PURCELL, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all per sons indebted to said estate are required to make immediate payment to us. This 26th day of July, 2008. Gloria S. Purcell Executor/Administrator 924 Harden Bridge Road Commerce, GA 30529 (JU2,9,16,23P4) ) Barrett Estate Notice to Debtors and Creditors All creditors of the Estate of WILLIAM S. BARRETT, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us. This 18th day of June, 2008. David S. Barrett Executor/Administrator 12405 Charlotte Drive Alpharetta, Georgia 30004 (]N25,JU2,9,16P4) Beck Estate Notice to Debtors and Creditors All creditors of the Estate of PAUL LEWIS BECK, deceased, late of Banks County, Georgia, are hereby notified to render an account of their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us. This 16th day of June, 2008. Lynda Gene Roberts Beck Executor/Administrator 1410 Harden Bridge Rd. Commerce, GA 30529 (JN25,JU2,9,16P4) The Banks County News is the legal organ for Banks County. The deadline to submit legal advertisements is Noon on Thursday, prior to the first week of the publication. The deadline for foreclosure notices for the September 2, 2008, sale date is noon, Thursday, July 31, 2008. Run dates will be August 6,13,20,27, 2008. Legals must be paid in advance, unless previous arrangements have been made. Email legals to: mainstreetnews.com