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PAGE 4B
THE BANKS COUNTY NEWS
WEDNESDAY, JULY 16, 2008
public notices & legal records
Also view these legals at
www.mainstreetnews.com
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
PEGGY A. DACUS to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. dated December
18, 2006, in the amount of
$188,800.00, and recorded in
Deed Book 296, Page 72, Banks
County, Georgia Records; as
last transferred to Mortgage
Electronic Registration Systems,
Inc. by assignment; the under
signed, Mortgage Electronic
Registration Systems, Inc. pursu
ant to said deed and the note
thereby 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 August, 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 the 207th
District, G.M., Banks County,
Georgia, and being that 1.731
acres, more or less, designated
as Lot 15, on a final Plat of
Survey for Morgan Manor pre
pared by Landmark Engineering
Corporation, Registered
Surveyor, dated August 7, 2004,
recorded in Plat Book E, Page 82,
in the Office of the Clerk of the
Superior Court of Banks County,
Georgia and incorporated here
in and made a part hereof by
reference for a more detailed
description.
Also: 60 foot ingress-egress
along the Right of Way of Manor
Drive and Manor Place as more
particularly shown on Plat of
Survey referenced herein above.
Subject to Protective Covenants
for Morgan Manor Subdivision
recorded in Deed Book 260,
Page 108, Banks County, Georgia
Records.
which has the property
address of 150 Manor Place,
Commerce, Georgia, together
with all fixtures and other per
sonal property conveyed by said
deed.
The sale will be held subject to
any unpaid taxes, assessments,
rights-of-way, easements, pro
tective 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 Peggy A. Dacus
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.
Mortgage Electronic
Registration Systems, Inc.
Attorney-in-Fact for Peggy A.
Dacus
Anthony DeMarlo, Attorney/
ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-13802 /CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR AND
IS ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED Will BF USED
FOR THAT PURPOSE.
(fU9,16,23,30B/1325-50)
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 PEGGY
A. DACUS to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC., as nominee for
TAYLOR, BEAN & WHITAKER
MORTGAGE CORPORATION,
dated December 18, 2006,
recorded in Deed Book 296,
Page 87, Banks County, Georgia
Records, as last transferred to
Bank of America N.A. by assign
ment 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 FORTY-SEVEN THOUSAND
TWO HUNDRED AND 0/100
DOLLARS ($47,200.00), 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:
All that tract or parcel of land
lying and being in The 207th
District, G.M., Banks County,
Georgia, and being that 1.731
acres, more or less, designated
as Lot 15, on a final Plat of
survey for Morgan Manor pre
pared by Landmark Engineering
Corporation, registered surveyor,
dated August 7, 2004, recorded
in Plat Book E, Page 82, in
The Office of The Clerk of The
Superior Court of Banks County,
Georgia and incorporated here
in and made a part hereof by
reference for a more detailed
description.
Also: 60 foot Ingress-Egress
along the right of way of Manor
Drive and Manor Place as more
particularly shown on Plat of
survey referenced herein above.
Subject to protective covenants
for Morgan Manor Subdivision
recorded in Deed Book 260,
Page 108, Banks County, Georgia
records.
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).
Bank of America can be con
tacted at 800-285-6000 or by writ
ing to 4161 Piedmont Parkway,
Greensboro, NC 27410-8110, to
discuss possible alternatives to
foreclosure.
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.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Peggy A. Dacus and
Kenneth D. Dacus or a tenant
or tenants and said property
is more commonly known as
150 Manor Place, Commerce,
Georgia 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.
Bank of America N.A. as
Attorney-in-Fact for Peggy A.
Dacus
Morris, Schneider, Prior,
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/rrr 8/5/08
Our file no. 11348108-FT14
(JU9,16,23,30B/12062-60T1P)
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 AMANDA CRAIG and
BRIAN W. CRAIG to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. dated September
14, 2005, in the amount of
$351,000.00, and recorded
in Deed Book 266, Page 465,
Banks County, Georgia Records;
as last transferred to Mortgage
Electronic Registration Systems,
Inc. by assignment; the under
signed, Mortgage Electronic
Registration Systems, Inc. pursu
ant to said deed and the note
thereby 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 August, 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 the 265 GMD
of Banks County Georgia, being
1.55 acres more or less as evi
denced by plat of survey by Max
Lewallen, licensed engineer and
surveyor, Georgia Registered
Land Surveyor #2067, recorded
in Plat Book 26, Page 25 of
the Banks County, Georgia Deed
Records, said plat being incorpo
rated herein by reference.
which has the property address
of 1887 Yonah Homer Road,
Lula, Georgia, together 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, pro
tective 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 Amanda Craig
and Brian W. Craig and the pro
ceeds of said sale will be applied
to the payment of said indebted
ness, the expense of said sale,
all as provided in said deed,
and the undersigned will exe
cute a deed to the purchaser as
provided in the aforementioned
Security Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney-in-Fact for Amanda
Craig and Brian W. Craig
Anthony DeMarlo, Attorney/
llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-00914 /CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR AND
IS ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED Will BF USED
FOR THAT PURPOSE.
(]U9,16,23,30B/1325-50)
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 BF USED
FOR THAT PURPOSE.
Under and by virtue of the
Power of Sale contained in a
Security Deed given by BOBBY
LEE COLLEY, JR. and DINA ANN
COLLEY to UNION PLANTERS
BANK, NA dba REGIONS
MORTGAGE, dated April 15,
2005, recorded in Deed Book
257, Page 270, Banks County,
Georgia Records, conveying
the after-described property to
secure a Note in the original prin
cipal amount of ONE HUNDRED
NINETEEN THOUSAND AND
0/100 DOLLARS ($119,000.00),
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,
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.
To the best knowledge and
belief of the undersigned, the
party in possession of the prop
erty is Bobby Lee Colley, Jr. and
Dina Ann Colley or a tenant
or tenants and said property is
more commonly known as 260
Wooded Lake Dr., Homer,
Georgia 30547.
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 dba Regions
Mortgage sbm Union Planters
Bank NA as Attorney-in-Fact for
Bobby Lee Colley, Jr. and Dina
Ann Colley
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www. foreclosurehotline. net
MR/as5 8/5/08
Our file no. 51316206-FT8
EXHIBIT A
All that tract or parcel of land,
with all improvements located
thereon, in the 1206th (Wilmont)
District, G.M., Banks County,
Georgia, containing 2.00 acres,
more or less, as shown on a plat
of survey entitled "Survey for
James Brazil 8r Stephanie Brazil",
prepared by Max Lewallen,
Georgia Registered Surveyor No
2067, dated February 18, 2002,
and being of record in the Office
of the Clerk of the Superior Court
of Banks County, Georgia in Plat
Book 26, Page 138, which plat
and the recording thereof are
by reference incorporated herein
for a more complete and detailed
description.
Also conveyed is a 20' ingress-
egress easement along an exist
ing gravel drive as shown on the
above referenced plat of survey.
(JU9,16,23,30B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power 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 from MELISSA ROPER to
CITIFINANCIAL SERVICES, INC.
in the original principal amount
of $26,805.70, dated 06/17/2003,
and recorded in Deed Book 216,
Page 669, Banks County Records,
the undersigned will sell at public
outcry to the highest bidder for
cash before the Courthouse door
in said County, during the legal
hours of sale, on the first Tuesday
of August, 2008 by CitiFinancial
Services, Inc., as Attorney-in-Fact
for Melissa Roper the following
described property:
ALL THAT TRACT or parcel
of land, containing 6.64 acres,
more or less, and being in the
120th GMD of Banks County,
Georgia, and being bounded now
or formerly as follows: North by
lands of Patricia Yarber, Kenneth
Yarber, and lands of Story; East
by lands of Story and lands
of English; South by lands of
English and lands of Brock; and
west by lands of Brock, lands
of Patricia Yarber and lands of
Kenneth Yarber.
Said tract of land being more
particularly described according
to a plat of survey prepared by
Max Lewallen, RS, under date
of February 4, 1993, a copy of
said plat being of record in the
public records of Banks County,
Georgia, in Plat Book 17, Page
205, to which said plat and
record thereof, reference is here
by made for a more complete
description.
Grantee and her heirs and
assigns shall have a right to use
the well on the boundary line
and shall share expenses with
adjoining owners for upkeep
and operation costs.
Property known as: 436 Old
English Road, Homer, GA
30547
The indebtedness secured by
said Deed to Secure Debt having
been declared due and payable
because of default in the pay
ment of the indebtedness secured
thereby, this sale will be made
for the purposes of paying the
same and all expenses of sale,
including attorney's fees, (notice
having been given as provided
by law).
The property will be sold as
the property of The Aforesaid
Grantors subject to the follow
ing: (1) all prior restrictive cov
enants, easements, rights-of-way
or encumbrances; (2) all valid
zoning ordinances; (3) matters
which would be disclosed by an
accurate survey of the property;
(4) the outstanding ad valorem
taxes and assessments, if any;
(5) unpaid water and sewage
bills, that constitute liens against
the property, whether due and
payable or not yet due and pay
able; and (6) matters of record
superior to the security deed first
set out above.
Pursuant to O.C.G.A. Section
44-14-162.2 the name of the per
son or entity who has the full
authority to negotiate, amend,
or modify the terms of the afore
mentioned indebtedness is:
Citifinancial Services, Inc.
605 Munn Road
Fort Mill, SC 29715
PHONE: 877-675-3656
Nothing contained in this
Notice of Sale shall obligate
Lender to negotiate, amend or
modify said indebtedness.
To the best of the undersigned's
knowledge and belief, the party
in possession is Melissa Roper.
CitiFinancial Services, Inc.,
as Attorney-in-fact for Melissa
Roper.
This law firm is acting as a debt
collector attempting to collect a
debt, any information obtained
will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
(JU9,16,23,30B/224-60)
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
JARRED OWENBY to MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. dated February
17, 2004, in the amount of
$160,000.00, and recorded
in Deed Book 231, Page 724,
Banks County, Georgia Records;
as last transferred to Mortgage
Electronic Registration Systems,
Inc. by assignment; the under
signed, Mortgage Electronic
Registration Systems, Inc. pursu
ant to said deed and the note
thereby 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 August, 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 the 465th
GMD, Banks County, Georgia,
being designated as Lot No. 25,
and being more particularly
described on a plat of survey
prepared for Brian E. Brewton,
dated March 1, 1996, revised
December 11, 1997 by Slate &
Associates, Inc., and recorded
in Plat Book B, Page 101, Banks
County, Georgia Records, which
recorded plat is hereby incorpo
rated by reference as a part of
this deed.
This conveyance is made sub
ject to all zoning ordinances,
easements and restrictions of
record affecting said bargained
premises.
which has the property address
of 130 Ridgeway Court,
Maysville, Georgia, together
with all fixtures and other per
sonal property conveyed by said
deed.
The sale will be held subject to
any unpaid taxes, assessments,
rights-of-way, easements, pro
tective 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 Jarred Owenby
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.
Mortgage Electronic
Registration Systems, Inc.
Attorney-in-Fact for Jarred
Owenby
Anthony DeMarlo, Attorney/
jnesbitt
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-14098 /CONV
THIS LAW FIRM IS ACTING
AS A DEBT COLLECTOR AND
IS ATTEMPTING TO COLLECT
A DEBT. ANY INFORMATION
OBTAINED Will BF USED
FOR THAT PURPOSE.
(]U9,16,23,30B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of
sale contained in a Security
Deed from STEVEN EVANS to
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
as nominee for AMERICAN
MORTGAGE NETWORK, INC.
dated January 10, 2007, record
ed in Deed Book 298, Page 648,
Banks County Records, and
last assigned to Chase Home
Finance LLC, conveying the after-
described property to secure
a Note in the original princi
pal amount of ONE HUNDRED
TWENTY-EIGHT THOUSAND
AND 00/100 ($128,000.00),
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,
together with all improvements
thereon, situate, lying and being
in the 207th G.M.D., Banks
County, Georgia, designated as
Tract No. 2, containing 1.142
acres, more or less, as shown
by plat and survey for Bobby
Caudell, prepared by Ingram,
Lard & Associates, certified by
Barry D. Lord, GRLS, dated
January 8, 1999, as recorded
in Plat Book C, Page 2, Banks
County, Georgia records, which
plat and the recording thereof
are hereby incorporated herein
by reference for a more detailed
description of the property.
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 Steven Evans or, a tenant
or tenants, and said property
was or is commonly known
as 517 Mount Bethel 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 Steven
Evans
Martin & Brunavs
continued on following page