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PAGE 4B THE BANKS COUNTY NEWS WEDNESDAY, JULY 30, 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, togeth er 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 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 Kenneth D. Dacus and 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 aforemen tioned 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. (JU9,16,23,30B/1325-50) 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, togeth er 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 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. BF. 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 principal 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 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 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. 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 existing 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 accord ing 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 hereby made for a more com plete 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 pay ing 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 secu rity 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 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 <[U9,16,23,30B/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 pay ment of said indebtedness, the expense of said sale, all as pro vided 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 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. (JU9,16,23,30B/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 origi nal 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 public out cry 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 improve ments thereon, situate, lying and being in the 207th G.M.D., Banks County, Georgia, desig nated as Tract No. 2, contain ing 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 incorporat ed 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 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 subject to any outstanding ad valorem taxes, 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 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 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. Chase Home Finance LLC As Attorney-in-Fact for Steven Evans Martin & Brunavs 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. USED FOR THAT PURPOSE. ([U9,16,23,30B/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- EIGHTTHOUSAND AND 00/100 ($88,000.00), with interest thereon as set forth therein, there will be sold at public out cry 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 particularly shown on a plat of survey 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 indebt edness when due and in the manner provided in the Note and Security Deed. The debt remaining 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. continued on following page