Newspaper Page Text
THURSDAY, SEPTEMBER 18, 2008
THE BANKS COUNTY NEWS
PAGE 7B
Deed Book 105, Page
72>2, Banks County Re
cords.
(SE11,18,25,OC2P4)
)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of Power of
Bale contained in Secu-
•ity Deed from JAMES H.
-REE to COMMUNITY
BANK & TRUST, dated
\ugust 25, 1992, which
Deed is recorded among
3anks County, Georgia
Records in Deed Book
74, Page 403, said Se
curity Deed being given
:o secure a Note dated
Dctober 25, 2004, in the
original principal amount
Df THIRTY TWO THOU
SAND EIGHT HUN
DRED SIXTY NINE AND
14/100 ($32,869.14)
DOLLARS, with inter
est thereon as set forth
:herein, there will be
sold by the undersigned
at public outcry to the
aighest bidder for cash
cefore the Courthouse
Door at Banks County,
Seorgia, within the le
gal hours of sale on the
: irst Tuesday in October,
2008, (October 7, 2008)
:he following described
aroperty, to wit:
All that tract or parcel
af land lying and being in
.and Lot 215 of the 10th
.and District of Banks
Bounty, Georgia, con
fining 2.0 acres, more
ar less, according to
3 lat of Survey prepared
ay Hubert Lovell, Reg-
stered Surveyor, dated
-ebruary 17, 1992, and
•ecorded among Banks
Bounty, Georgia Re
cords in Plat Book ,
at Page , reference
ceing made to said plat
: or a more complete
description of the tract
Herein described and
conveyed, together with
:he 1987 Fleetwood Mo-
Dile Home located there-
Dn.
Said property is known
as 581 Grant Mill Road,
Mto, Georgia, 30510,
:ogether with all fixtures
and personal property
attached to and consti-
:uting a part of said prop
arty if any.
Whereas, the Note
secured by said Secu-
•ity Deed has become in
default as to payment of
:he principal and inter
est, and COMMUNITY
3ANK& TRUST has giv
en notice of its intention
:o foreclose said Securi-
:y Deed and claim attor
ney’s fees as provided in
said Note and Security
Deed.
The debt secured by
said Security Deed and
avidenced by said Note
Has been and is hereby
declared due because
Df the non-payment of
:he current indebted
ness secured by said
Security Deed. The debt
•emaining in default, this
sale will be made for the
Durpose of paying said
ndebtedness, including
all accrued and unpaid
nterest thereon, and at-
:orney’s fees and all ex-
Denses of said sale.
Said property will be
sold subject to any out
standing ad valorem tax-
as (including taxes which
are a lien, whether or not
now due and payable),
:he right of redemption
Df any taxing authority,
any matters which might
De disclosed by an ac
curate survey and in
spection of the property,
any assessments, liens,
ancumbrances, 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
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
continued on following page