The Banks County news. (Homer, Banks County, Ga.) 1968-current, September 11, 2008, Image 10

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>AGE 10A THE BANKS COUNTY NEWS THURSDAY, SEPTEMBER 11, 2008 the holder of the security deed. Wells Fargo Bank, N.A., as Trustee for Structured Asset Securi ties Corporation SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certifi cates, Series 1999-BC4 as Attorney in Fact for Lori Jones Morris, Schneider, Prior, Johnson & Freed man, LLC 1587 Northeast Ex pressway Atlanta, Georgia 30329 (770)234-9181 www.msplaw.com/ foreclosure_sales.asp MSP/jm6 10/7/08 Our file no. 1420107- FT1 (SE11,18,25,OC2B/12062-110T1P) 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 ex ecuted by MICHAEL T. QUEEN to MORTGAGE ELECTRONIC REGIS- TRATIN SYSTEMS, dat ed May 25, 2006, in the amount of $128,800.00, and recorded in Deed Book 283, Page 789, Banks County, Georgia Records; as last trans ferred to Citibank N.A. as Trustee for the MLMI Trust Series 2006-HE5 by assignment; the un dersigned, Citibank N.A. as Trustee for the MLMI Trust Series 2006-HE5 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursu ant to the power of sale contained in said deed, will on the first Tuesday in October, 2008, during the legal hours of sale, at the Courthouse door in Banks County, sell at public outcry to the high est bidder for cash, the property described in said deed to-wit: All that tract or parcel of land containing 5.69 acres, more or less, in the 912th GMD of Banks County, Georgia, and bounded now or former ly as follows: North by lands of Jeanette Queen and Sims-Harris Read; East by lands of Robert L. Griffin and Sheila Q. Griffin; South by lands of Robert L. Griffin and Sheila Q. Griffin; and West by lands of Darren T. Queen and Dawn M. Queen. Said tract of land be ing more particularly de scribed according to a plat of survey prepared by Jimmy D. Bullock and Associates, Surveyor, on June 15, 1996, for Michael T. Queen, which plat is recorded in Plat Book 24, Page 48 of the Public Records of Banks County and is by refer ence herein as part of this description. And All that tract or parcel of land, together with improvements thereon, situate, lying and being in GMD 1464 of Banks County, Georgia, con sisting of 1.00 acre, more or less, as shown on plat of survey prepared for Michael Queen by Max Jackson Lewallen, Reg istered Land Surveyor, dated February 26, 1992. Said plat showing subject property as be ing more fully described as follows: Beginning at a point along the Southwesterly right of way of Sims-Har- ris Road (County Road # 161), said point being .25 miles Northwest of the point where Sims- Harris Road (County Road #161) intersects with the County paved road #112; thence from said point of beginning South 20 degrees 52 minutes West 242.0 feet to an iron pin set; thence North 61 degrees 23 minutes East 104.5 feet to a point; thence South 60 degrees 06 minutes East 93.6 feet to a point. Said point being the True Point of Beginning. Plat Book Reference: Plat Book 17, at Page 9, Banks County, Georgia Records. which has the proper ty address of 1055 Sims Harris 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, ease ments, protective cov enants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be con ducted subject (1) to con firmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect at torneys’ fees in accor dance with the terms of the note secured by said deed. Said property will be sold as the property of Michael T. Queen and the proceeds of said sale will be applied to the payment of said indebt edness, the expense of said sale, all as provided in said deed, and the un dersigned will execute a deed to the purchas er as provided in the aforementioned Security Deed. Citibank N.A. as Trust ee for the MLMI Trust Series 2006-HE5 Attorney in Fact for Mi chael T. Queen Anthony DeMarlo, At- torney/kjenrette McCurdy & Candler, L.L.C. (404)373-1612 www.mccurdycandler. com File No. 08-18932 / CONV THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COL LECT A DEBT. ANY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. (SE11,18,25,OC2B/1325-70) Notice of Sale Notice of Sale Under Power By virtue of the pow er contained in a Deed To Secure Debt exe cuted and delivered by CHARLES D. DANGLER to FREEDOM BANK OF GEORGIA, dated June 29, 2006, and recorded in Deed Book 284, Page 473, Banks County, Georgia Records, and recorded securing a note of even date, and any other present or future indebtedness, in addi tion to interest accruing, there will be sold at pub lic outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, act ing as Attorney-in-Fact for the said CHARLES D. DANGLER as provid ed in said Deed to Se cure Debt, between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in October, to-wit; October 7, 2008: All that tract or parcel of land lying and being in the 1210th G.M. District, Banks County, Georgia, being designated as Lot 19, containing 1.00 acre, more or less, as shown on a plat of survey for Hammer’s Glen “The Re serve”, by Lovell, Duvall, Miller & Associates, Inc., Kenyon L. Miller GRLS #2595, dated Decem ber 1, 2003, recorded in Plat Book E, Page 12, in the Office of the Clerk of the Superior Court of Banks County, Georgia. Said plat is incorporated herein and made a part hereof by reference for a more detailed descrip tion. Subject to existing easements and rights of way for public roads and utilities now in use. The debt secured by said Deed to Secure Debt, being in default, said powers contained therein will be exer cised and the land will be sold as property of CHARLES D. DANGLER by the undersigned, as Attorney-in-Fact for the said CHARLES D. DAN GLER. Said property shall be sold subject to any and all outstanding ease ments and right-of-way, restrictions of record, if any, and to all unpaid taxes and assessments. The proceeds from said sale will be applied to the payment of the above-styled indebted ness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, hav ing been sent), and the balance, if any, shall be applied as provided in said Deed to Secure Debt. Proper convey ance will be made to the purchaser at the sale by the undersigned acting as Attorney-in-Fact for the said CHARLES D. DANGLER. This 27th day of Au gust, 2008. FREEDOM BANK OF GEORGIA As Attorney- in-Fact for CHARLES D. DANGLER Allen L. Lacey, Jr. Attorney at Law P. O. Box 356 Commerce, Georgia 30529 (706)335-7886 (SE11,18,25,OC2B/1324-50) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AT- TEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale con tained in a Security Deed given by CHARLES E. BROWN JR. and DEBRA W. BROWN to WELLS FARGO BANK, NA, dated August 31, 2006, recorded in Deed Book 288, Page 278, Banks County, Georgia Records, as last trans ferred to HSBC Bank USA, NA, as Trustee for WFMBS 2006-015 by as signment 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 FIVE HUNDRED THIRTY-ONE THOU SAND AND 0/100 DOL LARS ($531,000.00), with interest thereon as set forth therein, there will be sold at public 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 October, 2008, the fol lowing described prop erty: SEE EXHIBIT A AT TACHED HERETO AND MADE A PART HERE OF The debt secured by said Security Deed has been and is hereby de clared 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 remain ing in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as provided in Se curity 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 out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an ac curate survey and in spection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negoti ate, amend, and modify all terms of the mort gage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand 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 under signed, the party in pos session of the property is Charles E. Brown Jr. and Debra W. Brown or a tenant or tenants and said property is more commonly known as 316 Riverwood Lake Road, Lula, Georgia 30554. The sale will be con ducted subject (1) to con firmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confir mation and audit of the status of the loan with the holder of the security deed. HSBC Bank USA, NA, as Trustee for WFMBS 2006-015 as Attorney in Fact for Charles E. Brown Jr. and Debra W. Brown McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosure- hotline.net MR/ib 10/7/08 Our file no. 51832908- FT5 EXHIBITA All that lot, tract, or par cel of land, together with improvements thereon, lying and being in GMD 912 of Banks County, Georgia, containing 10.003 acres on Mocca sin Gap Road as shown on that plat for Chuck and Debra Brown, dated July 4, 2006, by Bruce A. Codina, Georgia Regis tered Land Surveyor, and which property is more particularly described according to said plat as follows: To locate the point of beginning, locate a iron pin set on the northern right-of-way of Moccasin Gap Road (80 foot right- of-way) with said iron pin being located 1222.11 feet from the centerline of Riverwood Lake Road as measured along the northern right-of-way of Moccasin Gap Road in a southeasterly direc tion from said intersec tion; from said point of beginning, thence de parting the right-of-way along other property of Brown north 40 degrees 21 minutes 51 sec onds east 638.38 feet to a point; thence along property now or for merly of Drouault north 63 degrees 57 minutes 44 seconds east 626.34 feet to a point in the centerline of Riverwood Lake Road (40 foot road easement in which the centerline of the road is the property line) thence along the centerline of Riverwood Lake Road south 32 degrees 07 minutes 47 seconds east 372.08 feet to a point; thence departing the right-of-way along prop erty now or formerly of Booch south 65 degrees 06 minutes 08 seconds west 595.23 feet to an iron pin; thence south 32 degrees 05 minutes 28 seconds east 57.89 feet to a point; thence south 51 degrees 13 minutes 38 seconds west 538.57 feet along property now or formerly of Giles to an iron pin found on the northern right-of-way of Moccasin Gap Road; thence along the right- of-way north 52 degrees 08 minutes 17 seconds west 298.48 feet to a point; thence north 51 degrees 36 minutes 12 seconds west 12.0 feet to an iron pin and the true point of beginning. This is a portion of the property conveyed to Charles E. Brown, Jr., and Debra W. Brown by that warranty deed dated June 4, 2004, recorded in Deed Book 238, Pag es 718-719, of the Banks County, Georgia Deed Records. Said property is conveyed subject to all easements, cove nants and restrictions of record. (SE11,18.25.0C2B/12062-90T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AT- TEMPTING TO COL- LECT A DEBT. ANY INFORMATION OB- TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale con tained in a Security Deed given by KENNETH L. HULSEY to AIG FED ERAL SAVINGS BANK, dated June 21, 2004, recorded in Deed Book 239, Page 687, Banks County, Georgia Re cords, as last transferred to The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as suc- cessor-in-interest to JP- Morgan Chase Bank, National Association, as trustee - SURF-BC4 by assignment to be record ed 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 SIX TY-FOUR THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($164,800.00), with inter est thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the le gal hours of sale on the first Tuesday in October, 2008, the following de scribed property: SEE EXHIBIT A AT TACHED HERETO AND MADE A PART HERE OF The debt secured by said Security Deed has been and is hereby de clared 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 remain ing in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, as provided in Se curity 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 out standing ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an ac curate survey and in spection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The entity that has full authority to negoti ate, amend, and modify all terms of the mort gage with the debtor is: Litton Loan Servicing, LP., 4828 Loop Cen tral Drive, Houston, TX 77081, 1-800-807-3590. Please understand 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 under signed, the party in pos session of the property is Kenneth L. Hulsey or a tenant or tenants and said property is more commonly known as 198 Banks Ridge Drive, Baldwin, Geor gia 30511. The sale will be con ducted subject (1) to con firmation that the sale is not prohibited under the continued on following page