Newspaper Page Text
THURSDAY, SEPTEMBER 11, 2008
THE BANKS COUNTY NEWS
PAGE 9A
‘A” attached hereto and
ncorporated herein by
•eference. The debts
secured by said Deed
:o Secure Debt have
seen and are hereby
declared due and pay
able because of, among
ather possible events of
default, failure to make
aayments on said Note.
Fhe debts remaining in
default, this sale will be
nade for the purpose of
saying the same and all
axpenses of this sale, in
cluding attorney’s fees.
Said property will be
sold subject to any out
standing ad valorem
:axes (including taxes
/vhich are a lien, but not
/et due and payable),
any matters which might
se disclosed by an ac
curate survey and in
spection of the property,
any assessments, liens,
ancumbrances, zoning
ardinances, restrictions,
aasements, covenants,
and matters of record
superior to the Deeds to
Secure Debt first set out
above, including, but not
necessarily limited to,
senior encumbrances
:hat will not be extin
guished by the foreclo
sure sale contemplated
ay this Notice.
To the best knowledge
and belief of the under
signed, the Party in pos
session of the property
s Dream River Invest
ments, Inc. or a tenant or
:enants, and said prop
arty is more commonly
mown as Tract 49,
5.009 acres, more or
ess, BANKS COUNTY,
3EORGIA. However,
alease only rely on the
attached legal descrip-
:ion for the location of
:he property.
Branch Banking &
Frust Company, Attorney
n Fact for Dream River
nvestments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest
Drive
Suite 325
Atlanta, Georgia
50328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel
af land lying and being in
:he 207th District, G.M.,
3anks County, Georgia
and being that 5.009
acres, more or less, be-
ng on the southwesterly
side of County Road No.
32, and being desig
nated as Tract 49 and
more particularly shown
and delineated on a
alat of survey entitled
‘Survey for: Silvermill
-arms,” dated Decerm-
aer 18, 1995, prepared
ay Cornerstone Land
Surveying, James R.
Smith, Registered Sur-
/eyor, and recorded at
3 lat Book 22, Page 44,
n the Office of the Clerk
af the Superior Court of
3anks County, Georgia
and incorporated herein
and made a part hereof
ay reference for a more
detailed description. To
gether with the right of
ngress and egress to
:he above referenced
aroperty by means of the
30 foot access easement
as shown on the above
described plat. Said 60
: oot access strip being
•eserved in a Warrant
Deed to Georgia-Pacific
Dorporation recorded at
Deed Book 105, Page
F32, Banks County Re-
aords.
(SE11,18,25,OC2P4)
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 CLIFF SIKES to
FIRST FRANKLIN A DI
VISION OF NAT. CITY
BANK OF IN, dated Au
gust 12, 2005, recorded
in Deed Book 264, Page
94, Banks County, Geor
gia Records, as last
transferred to Deutsche
Bank National Trust Com
pany, as Trustee for First
Franklin Mortgage Loan
Trust 2005-FFH4, Asset-
Backed Certificates, Se
ries 2005-FFH4 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 ONE HUNDRED
FOUR THOUSAND
AND 0/100 DOLLARS
($104,000.00), 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 negotiate,
amend, and modify all
terms of the mortgage
with the debtor is: Na
tional City Home Loan
Services, Inc., 150 Al
legheny Center-ICD
23-521, Pittsburgh, PA
15212, (412) 442-3894.
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 Cliff Sikes or a tenant
or tenants and said prop
erty is more commonly
known as 4945 Yonah
Homer Rd., Alto, Geor
gia 30510.
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.
Deutsche Bank Na
tional Trust Company,
as Trustee for First
Franklin Mortgage Loan
Trust 2005-FFH4, As
set-Backed Certificates,
Series 2005-FFH4 as
Attorney in Fact for Cliff
Sikes
McCalla Raymer, LLC
1544 Old Alabama
Road
Roswell, Georgia
30076
www.foreclosure-
hotline.net
MR/ms8 10/7/08
Ourfile no. 51646308-
FT1
EXHIBITA
All that tract or parcel
of land lying and being in
the 912th District, G.M.,
Banks County, Georgia,
and being that 0.76 acres,
more or less, as more
particularly shown on a
plat of survey prepared
for Carol Allen by Jimmy
B. Bullock, registered
surveyor, dated Septem
ber 4, 2000, recorded in
Plat Book C, Page 102,
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.
(SE11,18,25,OC2B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of
Sale contained in Secu
rity Deed from JAMES H.
FREE to COMMUNITY
BANK & TRUST, dated
August 25, 1992, which
Deed is recorded among
Banks County, Georgia
Records in Deed Book
74, Page 403, said Se
curity Deed being given
to secure a Note dated
October 25, 2004, in the
original principal amount
of THIRTY TWO THOU
SAND EIGHT HUN
DRED SIXTY NINE AND
14/100 ($32,869.14)
DOLLARS, with inter
est thereon as set forth
therein, there will be
sold by the undersigned
at public outcry to the
highest bidder for cash
before the Courthouse
Door at Banks County,
Georgia, within the le
gal hours of sale on the
first Tuesday in October,
2008, (October 7, 2008)
the following described
property, to wit:
All that tract or parcel
of land lying and being in
Land Lot 215 of the 10th
Land District of Banks
County, Georgia, con
taining 2.0 acres, more
or less, according to
Plat of Survey prepared
by Hubert Lovell, Reg
istered Surveyor, dated
February 17, 1992, and
recorded among Banks
County, Georgia Re
cords in Plat Book ,
at Page , reference
being made to said plat
for a more complete
description of the tract
herein described and
conveyed, together with
the 1987 Fleetwood Mo
bile Home located there
on.
Said property is known
as 581 Grant Mill Road,
Alto, Georgia, 30510,
together with all fixtures
and personal property
attached to and consti
tuting a part of said prop
erty if any.
Whereas, the Note
secured by said Secu
rity Deed has become in
default as to payment of
the principal and inter
est, and COMMUNITY
BANK & TRUST has giv
en notice of its intention
to foreclose said Securi
ty Deed and claim attor
ney’s fees as provided in
said Note and Security
Deed.
The debt secured by
said Security Deed and
evidenced by said Note
has been and is hereby
declared due because
of the non-payment of
the current indebted
ness secured by said
Security Deed. The debt
remaining in default, this
sale will be made for the
purpose of paying said
indebtedness, including
all accrued and unpaid
interest thereon, and at
torney’s fees and all ex
penses of said sale.
Said property will be
sold subject to any out
standing ad valorem tax
es (including taxes which
are a lien, whether or not
now due and payable),
the right of redemption
of any taxing authority,
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 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.
The property will be
sold as the property of
JAMES H. FREE, who,
to the best of the under
signed’s knowledge and
belief, is the party in pos
session of said property.
COMMUNITY BANK
& TRUST, as Attorney-
in-Fact for JAMES H.
FREE
M. KEITH YORK,
KIMZEY, KIMZEY &
YORK
1070 South Main
Street
P. O. Box 38
Cornelia, Georgia
30531
(706) 778-6823
THIS LAW FIRM IS
ACTING AS A DEBT
COLLECTOR. ANY
INFORMATION OB
TAINED WILL BE USED
FOR THAT PURPOSE.
(SE11,18,25,OC2P4)
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
contained in a Secu
rity Deed given by LORI
JONES to OPTION ONE
MORTGAGE CORPO
RATION, dated July 28,
1999, recorded in Deed
Book 147, Page 60,
Banks County, Georgia
Records, as last trans
ferred to Wells Fargo
Bank, N.A., as Trustee
for Structured Asset
Securities Corporation
SASCO Mortgage Loan
Trust 1999-BC4 Mort
gage Pass-Through Cer
tificates, Series 1999-
BC4 by assignment to
be recorded in the Office
of the Clerk of Superior
Court of Banks Coun
ty, Georgia Records,
conveying the after-de
scribed property to se
cure a Note in the origi
nal principal amount of
FIFTY-SIX THOUSAND
AND 0/100 DOLLARS
($56,000.00), 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:
All that tract or parcel
of land lying and being
in the 1464th G.M.D. of
Banks County, Georgia
containing 4.999 acres,
more or less, as more
particularly described as
follows:
Beginning at a point
located at the intersec
tion of the southerly
right of way of Queen
Road (a 60 foot right of
way) and Carson Segars
Road, running thence
in a westerly direction
along the southerly right
of way of Queen Road a
distance of 1220 feet to
a 1/2” rebar found; run
ning thence south 00
degrees 21 minutes 20
seconds east a distance
of 1,008.05 feet to a 1/2”
rebar found; running
thence north 85 degrees
11 minutes 00 seconds
west a distance of 67.90
feet to an iron pin set
and the true point of be
ginning; running thence
north 85 degrees 11 min
utes 00 seconds west a
distance of 466.51 feet
to a 1/2” rebar found;
running thence north
55 degrees 51 minutes
10 seconds west a dis
tance of 85.08 feet to a 1
1/4” pipe found; running
thence north 32 degrees
30 minutes 48 seconds
east a distance of 19.73
feet to a point; running
thence south 62 degrees
04 minutes 41 seconds
east a distance of 33.78
feet to a point; running
thence north 52 degrees
15 minutes 47 seconds
east a distance of 64.82
feet to a point; running
thence north 19 degrees
07 minutes 54 seconds
east a distance of 28.35
feet to a point; running
thence north 40 degrees
59 minutes 52 seconds
West a distance of 19.99
feet to a point; running
thence north 87 degrees
11 minutes 03 seconds
east a distance of 12.54
feet to a point; running
thence south 68 degrees
36 minutes 15 seconds
east a distance of 30.46
feet to a point; running
thence south 24 degrees
36 minutes 32 seconds
east a distance of 22.09
feet to a point; running
thence south 76 degrees
45 minutes 28 seconds
east a distance of 54.66
feet to a point; running
thence north 53 degrees
26 minutes 22 seconds
east a distance of 64.99
feet to a point; running
thence south 76 degrees
54 minutes 51 seconds
east a distance of 17.00
feet to a 2” pipe found
running thence north 13
degrees 21 minutes 48
seconds west a distance
of 474.29 feet to a 1”
crimpted top pip found;
running thence north 00
degrees 04 minutes 35
seconds east a distance
of 375.89 feet to an iron
pin set; 51 minutes 17
seconds east a distance
of 142.06 feet to an iron
pin set; running thence
south 10 degrees 52
minutes 58 seconds west
a distance of 126.89 feet
to an iron pin set; run
ning thence south 16
degrees 50 minutes 48
seconds east a distance
of 930.05 feet to an iron
pin set and the true point
of beginning; all as more
fully set forth on that plat
of survey dated May 17,
1999 prepared for Greg
ory F. Garland by James
Robert Cheatham, Geor
gia registered Land Sur
veyor No. 1525, which
property is shown as
Tract 2 on that certain
plat of survey record
ed June 18, 1999 in
Plat Book 24, Page 80,
Banks County, Georgia
records, which plat and
the record thereof are
incorporated herein by
reference thereto for a
more complete descrip
tion thereof.
Together With:
That certain 1988 dou
blewide Champion Mo
bile home, Chappell Hill
Model bearing manufac
ture’s serial numbers GA
FLH 05A13630CH and
GA FLH05B13630CH,
and model numbers
GEO 498345 and GEO
498344.
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).
American Home Mort
gage Servicing Inc. can
be contacted at 877-
304-3100 or by writing to
3 Ada, Irvine, CA 92618,
to discuss possible alter
natives to foreclosure.
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.
To the best knowledge
and belief of the under
signed, the party in pos
session of the property
is Lori Jones or a tenant
or tenants and said prop
erty is more commonly
known as 640 Queen
Road, Gillsville, Georgia
30543.
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
continued on following page