The Banks County news. (Homer, Banks County, Ga.) 1968-current, September 18, 2008, Image 17

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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