The Banks County news. (Homer, Banks County, Ga.) 1968-current, September 25, 2008, Image 17

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THURSDAY, SEPTEMBER 25, 2008 THE BANKS COUNTY NEWS PAGE 5B H. FREE, who, to the best Df the undersigned’s knowl edge and belief, is the party n possession of said prop erty. COMMUNITY BANK & TRUST, as Attorney-in-Fact : or JAMES H. FREE M. KEITH YORK, KIMZEY, KIMZEY & YORK 1070 South Main Street R O. Box 38 Cornelia, Georgia 30531 (706) 778-6823 THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR. ANY INFORMA TION OBTAINED WILL BE JSED FOR THAT PUR POSE. (SE11,18,25,OC2P4) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING rO COLLECT A DEBT ^NY INFORMATION OB TAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of :he Power of Sale contained n a Security Deed given ey LORI JONES to OP TION ONE MORTGAGE SORPORATION, dated July 28, 1999, recorded in Deed Book 147, Page 60, 3anks County, Georgia Re cords, as last transferred to A/ells Fargo Bank, N.A., as Trustee for Structured As set Securities Corporation 5ASCO Mortgage Loan Trust 1999-BC4 Mortgage 3 ass-Through Certificates, Series 1999-BC4 by as signment to be recorded n the Office of the Clerk of Superior Court of Banks Dounty, Georgia Records, conveying the after-de scribed property to secure a Note in the original prin cipal amount of FIFTY-SIX THOUSAND AND 0/100 DOLLARS ($56,000.00), /vith interest thereon as set : orth therein, there will be sold at public outcry to the aighest bidder for cash be- : ore the Courthouse door Df Banks County, Georgia, /vithin the legal hours of sale on the first Tuesday in Dctober, 2008, the follow- ng described property: All that tract or parcel of and lying and being in the 1464th G.M.D. of Banks Dounty, Georgia contain- ng 4.999 acres, more or ess, as more particularly described as follows: Beginning at a point lo cated at the intersection of :he southerly right of way of Dueen Road (a 60 foot right Df way) and Carson Segars Road, running thence in a westerly direction along :he southerly right of way Df Queen Road a distance Df 1220 feet to a 1/2” re- Dar found; running thence south 00 degrees 21 min- jtes 20 seconds east a distance of 1,008.05 feet to a 1/2” rebar found; running :hence north 85 degrees 11 minutes 00 seconds west a distance of 67.90 feet to an iron pin set and the true Doint of beginning; running :hence north 85 degrees 11 minutes 00 seconds west a distance of 466.51 feet to a 1/2” rebar found; running :hence north 55 degrees 51 minutes 10 seconds west a distance of 85.08 feet to a 1 1/4” pipe found; running :hence north 32 degrees 30 minutes 48 seconds east a distance of 19.73 feet to a Doint; running thence south 32 degrees 04 minutes 41 seconds east a distance of 33.78feetto a point; running :hence north 52 degrees 15 minutes 47 seconds east a distance of 64.82 feet to a Doint; running thence north 19 degrees 07 minutes 54 seconds east a distance of 28.35feetto a point; running :hence north 40 degrees 59 minutes 52 seconds West a distance of 19.99 feet to a Doint; running thence north 37 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 22.09feetto 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” crimpt- ed 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; running 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 Gregory F. Garland by James Rob ert Cheatham, Georgia registered Land Surveyor No. 1525, which property is shown as Tract 2 on that certain plat of survey recorded June 18, 1999 in Plat Book 24, Page 80, Banks County, Georgia re cords, which plat and the record thereof are incorpo rated herein by reference thereto for a more complete description thereof. Together With: That certain 1988 dou blewide Champion Mobile home, Chappell Hill Model bearing manufacture’s serial numbers GA FLH 05A13630CH and GA FL- H05B13630CH, and model numbers GEO 498345 and GEO 498344. 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 indebt edness 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 purpose of paying the same and all ex penses of this sale, as pro vided in Security Deed and by law, including attorneys fees (notice of intent to col lect attorneys fees having been given). American Home Mort gage Servicing Inc. can be contacted at 877-304-3100 or by writing to 3 Ada, Ir vine, CA 92618, to discuss possible alternatives to foreclosure. 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 inspection of the property, any assess ments, liens, encumbranc es, zoning ordinances, re strictions, 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 posses sion of the property is Lori Jones or a tenant or ten ants and said property is more commonly known as 640 Queen Road, Gillsville, Georgia 30543. The sale will be con ducted subject (1) to confir mation 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. Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corpora tion SASCO Mortgage Loan Trust 1999-BC4 Mortgage Pass-Through Certificates, Series 1999-BC4 as Attor ney in Fact for Lori Jones Morris, Schneider, Prior, Johnson & Freedman, LLC 1587 Northeast Express way Atlanta, Georgia 30329 (770) 234-9181 www.msplaw.com/fore- closure_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 By virtue of the power contained in a Deed To Secure Debt executed and delivered by CHARLES D. DANGLER to FREEDOM BANK OF GEORGIA, dat ed June 29, 2006, and re corded in Deed Book 284, Page 473, Banks County, Georgia Records, and re corded securing a note of even date, and any other present or future indebted ness, in addition to inter est accruing, there will be sold at public outcry to the highest bidder for cash, be fore the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said CHARLES D. DAN GLER as provided in said Deed to Secure Debt, be tween 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, con taining 1.00 acre, more or less, as shown on a plat of survey for Hammer’s Glen “The Reserve”, by Lovell, Duvall, Miller & Associ ates, Inc., Kenyon L. Miller GRLS #2595, dated De cember 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 ref erence for a more detailed description. Subject to ex isting 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 pow ers contained therein will be exercised and the land will be sold as property of CHARLES D. DANGLER by the undersigned, as At- torney-in-Fact for the said CHARLES D. DANGLER. Said property shall be sold subject to any and all outstanding easements and right-of-way, restric tions of record, if any, and to all unpaid taxes and as sessments. The proceeds from said sale will be applied to the payment of the above- styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amend ed, having been sent), and the balance, if any, shall be applied as provided in said Deed to Secure Debt. Proper conveyance 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 August, 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 COL LECTOR ATTEMPTING TO COLLECT 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, Geor gia Records, as last trans ferred to HSBC Bank USA, NA, as Trustee for WFMBS 2006-015 by assignment 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 THOUSAND AND 0/100 DOLLARS ($531,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash be fore the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the follow ing described property: SEE EXHIBIT A AT TACHED 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 indebt edness 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 purpose of paying the same and all ex penses of this sale, as pro vided in Security Deed and by law, including attorneys fees (notice of intent to col lect attorneys 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 inspection of the property, any assess ments, liens, encumbranc es, zoning ordinances, re strictions, 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: 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 negoti ate, amend, or modify the terms of the mortgage in strument. 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 ten ant 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 confir mation 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. 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.foreclosurehotline. net MR/ib 10/7/08 Our file no. 51832908- FT5 EXHIBIT A All that lot, tract, or par cel of land, together with improvements thereon, ly ing and being in GMD 912 of Banks County, Georgia, containing 10.003 acres on Moccasin Gap Road as shown on that plat for Chuck and Debra Brown, dated July 4, 2006, by Bruce A. Codina, Georgia Registered Land Surveyor, and which property is more particularly described ac cording to said plat as fol lows: 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 cen terline of Riverwood Lake Road as measured along the northern right-of-way of Moccasin Gap Road in a southeasterly direction from said intersection; from said point of beginning, thence departing the right- of-way along other property of Brown north 40 degrees 21 minutes 51 seconds east 638.38 feet to a point; thence along property now or formerly 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 center- line 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 property 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 for merly 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 sec onds 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, Pages 718-719, of the Banks County, Geor gia Deed Records. Said property is conveyed sub ject to all easements, cov enants and restrictions of record. (SE11,18,25,OC2B/12062-90T1P) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COL LECTOR ATTEMPTING TO COLLECT 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 FEDERAL 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 Mel lon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-in- terest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-de scribed property to se cure a Note in the original principal amount of ONE HUNDRED SIXTY-FOUR THOUSAND EIGHT HUN DRED AND 0/100 DOL LARS ($164,800.00), 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 following de scribed property: SEE EXHIBIT A AT TACHED 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 indebt edness 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 purpose of paying the same and all ex penses of this sale, as pro vided in Security Deed and by law, including attorneys fees (notice of intent to col lect attorneys 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 inspection of the property, any assess ments, liens, encumbranc es, zoning ordinances, re strictions, 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. Please understand that the secured creditor is not required by law to negoti ate, amend, or modify the terms of the mortgage in strument. To the best knowledge and belief of the under signed, the party in posses sion of the property is Ken neth L. Hulsey or a tenant or tenants and said property is more commonly known as 198 Banks Ridge Drive, Baldwin, Georgia 30511. The sale will be con ducted subject (1) to confir mation 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. The Bank of New York Mellon Trust Company, N.A. f/k/a The Bank of New York National Trust Company, N.A., as successor-in-in- terest to JPMorgan Chase Bank, National Association, as trustee - SURF-BC4 as Attorney in Fact for Ken neth L. Hulsey McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline. net MR/nll 10/7/08 Our file no. 51916008- FT12 EXHIBIT A All that tract or parcel of land situate lying and being in Land Lots 187, 5, and 202 of The 10th Land District of Banks County, Georgia, containing 1.18 acres, more or less, and being known and desig nated as Lot 6 on Plat of survey for Banks Ridge Phase One, by Lovell, Duvall, Miller and associ ates, Inc., dated Decem ber 3, 1998 recorded in Plat Book 23, Page 191 of The Banks County Plat Records which Plat of sur vey is incorporated herein by reference as a part of this description. (SE11,18,25,OC2B/12062-70T1P) continued on following page