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PAGE 4B
THE BANKS COUNTY NEWS
WEDNESDAY, JULY 23, 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
payment 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 trans
ferred to Mortgage Electronic
Registration Systems, Inc. by
assignment; the undersigned,
Mortgage Electronic Registration
Systems, Inc. pursuant to said
deed and the note thereby
secured, has declared the entire
amount of said indebtedness
due and payable and pursuant
to the power of sale contained
in said deed, will on the first
Tuesday in August, 2008, dur
ing 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 incorpo
rated herein 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 mat
ters of record which may affect
said property.
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.
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 purchaser as provided
in the aforementioned 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. RF. USED FOR THAT
PURPOSE.
(JU9,16,23,30B/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. RF. 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 sur
veyor, 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 incorpo
rated herein 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
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 collect attor
neys fees having been given).
Bank of America can be
contacted at 800-285-6000 or
by writing to 4161 Piedmont
Parkway, Greensboro, NC 27410-
8110, to discuss possible alterna
tives 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
ordinances, restrictions, cov
enants, 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
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.
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)
BUCKLE UP! IT’S THE LAW
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. pur
suant to said deed and the note
thereby secured, has declared
the entire amount of said
indebtedness 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 incor
porated herein by reference.
which has the property
address of 1887 Yonah Homer
Road, Lula, 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 mat
ters of record which may affect
said property.
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.
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
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 purchaser
as provided in the aforemen
tioned 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. RF. USED FOR THAT
PURPOSE.
(JU9,16,23,30B/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. RF. 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
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 collect attor
neys 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
ordinances, restrictions, cov
enants, 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
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.
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 enti
tled “Survey for James Brazil
& 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 fol
lowing 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 hav
ing been declared due and pay
able because of default in the
payment 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 cove
nants, 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 valor
em taxes and assessments, if
any; (5) unpaid water and sew
age bills, that constitute liens
against the property, whether
due and payable or not yet due
and payable; 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
person or entity who has the
full authority to negotiate,
amend, or modify the terms of
the aforementioned indebted
ness 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 col
lect 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
payment 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 trans
ferred to Mortgage Electronic
Registration Systems, Inc. by
assignment; the undersigned,
Mortgage Electronic Registration
Systems, Inc. pursuant to said
deed and the note thereby
secured, has declared the entire
amount of said indebtedness
due and payable and pursuant
to the power of sale contained
in said deed, will on the first
Tuesday in August, 2008, dur
ing 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 personal property con
veyed 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 mat
ters of record which may affect
said property.
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.
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 RF 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 principal
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 indebt
edness when due and in the
manner provided in the Note
and Security Deed. The debt
remaining in default, the sale
continued on following page