Newspaper Page Text
THURSDAY, OCTOBER 2, 2008
THE BANKS COUNTY NEWS
PACE 9A
Legal notices
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 November 21, 2006,
and recorded in Deed Book
293, Page 478, Banks
County, Georgia Records,
and recorded securing a
note of even date, and any
other present or future in
debtedness, in addition to
interest accruing, there will
be sold at public outcry to
the highest bidder for cash,
before 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 District, G.M.,
Banks County, Georgia,
and being that 1.13 acres,
more or less, designated
as Lot 13, on a plat of
survey prepared for Ham
mer’s Glen “The Reserve”
Subdivision, by Lovell, Du
vall, Miller & Associates,
Inc., Registered Surveyors,
dated December 1, 2003,
recorded in Plat Book E,
Page 12, 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.
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. DAN
GLER.
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/1324-40T1)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in
the payment of the indebt
edness secured by that
certain Security Deed, dat
ed April 15, 2002, executed
by LARRY E. WEHUNT
to MORTGAGE ELEC
TRONIC REGISTRATION
SYSTEMS, INC. recorded
in Deed Book 190, Page
974, Banks County, Geor
gia Deed Records, and
securing a Note in the
original principal amount
of $100,000.00, Mortgage
Electronic Registration
Systems, Inc., the cur
rent holder thereof, has
declared the entire amount
of said indebtedness evi
denced by the Note im
mediately due and payable
and, pursuant to the power
of sale contained in said
Security Deed, will, on
the first Tuesday in Octo
ber, 2008, to-wit: October
7, 2008, during the legal
hours of sale, before the
Banks County Courthouse
door, sell at public outcry to
the highest bidder for cash,
the following described real
property:
All that tract or parcel of
land lying and being in the
912th District, G.M., Banks
County, Georgia, and be
ing that 2.43 acres, more
or less, designated as Tract
1 on a plat of survey pre
pared for Mark Gravitt and
David Collins by Chris M.
Patton, Registered Survey
or, dated August 6, 2001,
recorded at Plat Book C,
Page 161, in the Office
of the Clerk of the Supe
rior Court of Banks County,
Georgia and incorporated
herein and made a part
hereof by reference for a
more detailed description.
ALSO: 2000 Dynasty 27’
x 72’ Mobile Home; Serial
Number H814386GL&R
The aforedescribed real
property, together with the
2000 Dynasty 27’ x 72’ Mo
bile Home; Serial Number
H814386GL&R, is also
known as 815 Garrison
Road, Lula, Georgia, ac
cording to the present sys
tem of numbering houses
in Banks County, Georgia.
This 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 confirmation
and audit as to the amount
and status of the loan with
the holder of the Security
Deed, including but not
limited to, a determination
that the borrower has not
reinstated the loan prior to
the foreclosure sale.
Said real property will
be sold subject to any out
standing ad valorem taxes
(including taxes which are
a lien, but not yet due and
payable), the right of re
demption of any taxing au
thority, any matters which
might be disclosed by an
accurate survey and in
spection of the real proper
ty, any assessments, liens,
encumbrances, zoning
ordinances, restrictions,
covenants, and matters
of record superior to the
Security Deed first set out
above.
Upon information and
belief, said real property is
presently in the possession
or control of Larry E. We-
hunt and the proceeds of
said sale will be applied to
the payment of said indebt
edness and all the expens
es of said sale, including
attorney’s fees, all as pro
vided in said Security Deed
and the excess proceeds,
if any, will be distributed as
provided by law.
MORTGAGE ELEC
TRONIC REGISTRATION
SYSTEMS, INC. as Attor-
ney-in-Fact for LARRY E.
WEHUNT
David W. Adams, Es
quire
Ellis, Painter, Ratterree
& Adams LLP
2 East Bryan Street,
Suite 1001
Savannah, Georgia
31401
(912)233-9700
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT ON BEHALF OF
THE ABOVE-REFER
ENCED LENDER AND
ANY INFORMATION WILL
BE USED FOR THAT
PURPOSE.
(SE11,18,25,0021328-60T4P)
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 Powerof Sale contained
in a Security Deed given
by AMBER ANDREWS,
A MARRIED PERSON,
to UNION PLANTERS
BANK, NATIONAL AS
SOCIATION dated No
vember 5, 2001, recorded
in Deed Book 181, Page
317, Banks County, Geor
gia Records, conveying
the after-described prop
erty to secure a Note in the
original principal amount of
SEVENTY FOUR THOU
SAND NINE HUNDRED
DOLLARS ($74,900.00)
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:
All that tract or parcel
of land lying and being in
the Hollingsworth (1580th)
GMD of Banks County,
Georgia, containing 1.47
acres, more or less, be
ing bounded on the West
by Highway 441; on the
North and East by lands
of Stanley Duckett and on
the South by lands of Dean
James Ayers and Kristy
Ayers (formerly Hart).
Said tract is more fully de
scribed on a Plat of Survey
prepared by Max Lewallen,
RLS, dated October 16,
1985, and said plat being
recorded among Banks
County, Georgia Records
in Plat Book 11, Page 35,
reference to said plat is
being made for a more full
and complete description.
Said property is that tract
described in a Warranty
Deed recorded November
5, 1985, from William Otis
Hart and Evelyn Strickland
Hart to George W. Hart, Sr.
and Louise Williams Hart,
recorded in Deed Book 35,
Page 732, Banks County,
Georgia Records.
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 indebted
ness as and when due and
in the manner provided
in the Note and Security
Deed. The debt remaining
in default, this sale will be
made for the purpose of
paying the same and all
expenses of this sale, as
provided in said Security
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 tax
es (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 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 AMBER ANDREWS, A
MARRIED PERSON or a
tenant or tenants and said
property is more commonly
known as 4366 HWY 441
ALTO, GA 30510.
Pursuant to O. C. G. A.
§44-14-162.2, the name,
address and telephone
number of the individual or
entity who shall have the
full authority to negotiate,
amend, or modify all terms
of the above described
mortgage is as follows: RE
GIONS BANK, 215 FOR
REST STREET, HATTIES
BURG, MS 39404-8001.
Telephone: 800-748-9498.
The foregoing notwith
standing, nothing in O. C.
G. A.§44-14-162.2 shall be
construed to require RE
GIONS BANK to negotiate,
amend or modify the terms
of the Deed to Secure Debt
described herein.
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 confirma
tion and audit of the status
of the loan with the holder
of the security deed.
This 26th day of August,
2008.
REGIONS BANK SUC
CESSOR BY MERGER
TO UNION PLANTERS
BANK, N.A., AS ATTOR
NEY IN FACT FOR AM
BER ANDREWS, A MAR
RIED PERSON
DAVID M. WOLFSON,
P. C.
Attorney at Law
1010 Williams Street
Valdosta, GA31601
(229) 257-0080
State Bar No. 773395
(SE11,18,25,0C2P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power
of sale contained in that
certain Georgia Security
Deed & Security Agree
ment from DREAM RIVER
INVESTMENTS, INC. to
BRANCH BANKING &
TRUST COMPANY, dated
June 10, 2004, and re
corded in Deed Book 239,
Page 267, Banks County,
Georgia Records (hereinaf
ter referred to as “Deed to
Secure Debt”), said Deed
to Secure Debt securing a
Promissory Note (“Note”)
in the original principal
sum of FORTY SEVEN
THOUSAND AND 00/100
DOLLARS ($47,000.00),
with interest from said date
at the rate stated in said
Note on the unpaid bal
ance until paid, there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before
the Courthouse at Banks
County, Georgia, within
the legal hours of sale on
Tuesday, October 7, 2008,
the property described on
Exhibit “A” attached hereto
and incorporated herein
by reference. The debts
secured by said Deed to
Secure Debt have been
and are hereby declared
due and payable because
of, among other possible
events of default, failure
to make payments on said
Note. The debts remain
ing in default, this sale will
be made for the purpose
of paying the same and all
expenses of this sale, in
cluding attorney’s fees.
Said property will be
sold subject to any out
standing ad valorem tax
es (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 assessments, liens,
encumbrances, zoning
ordinances, restrictions,
easements, covenants,
and matters of record su
perior to the Deeds to
Secure Debt first set out
above, including, but not
necessarily limited to, se
nior encumbrances that
will not be extinguished by
the foreclosure sale con
templated by this Notice.
To the best knowledge
and belief of the under
signed, the Party in pos
session of the property is
Dream River Investments,
Inc. or a tenant or tenants,
and said property is more
commonly known as Tract
49, 5.009 acres, more or
less, BANKS COUNTY,
GEORGIA. However,
please only rely on the at
tached legal description
for the location of the prop
erty.
Branch Banking & Trust
Company, Attorney in Fact
for Dream River Invest
ments, Inc.
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
Legal Description
All that tract or parcel of
land lying and being in the
207th District, G.M., Banks
County, Georgia and being
that 5.009 acres, more or
less, being on the south
westerly side of County
Road No. 62, and being
designated as Tract 49 and
more particularly shown
and delineated on a plat
of survey entitled “Sur
vey for: Silvermill Farms,”
dated December 18, 1995,
prepared by Cornerstone
Land Surveying, James
R. Smith, Registered Sur
veyor, and recorded at Plat
Book 22, Page 44, in the
Office of the Clerk of the
Superior Court of Banks
County, Georgia and incor
porated herein and made a
part hereof by reference for
a more detailed description.
Together with the right of
ingress and egress to the
above referenced property
by means of the 60 foot ac
cess easement as shown
on the above described
plat. Said 60 foot access
strip being reserved in a
Warrant Deed to Georgia-
Pacific Corporation re
corded at Deed Book 105,
Page 732, Banks County
Records.
(SE11,18,25,OC2P4)
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 Au
gust 25, 1992, which Deed
is recorded among Banks
County, Georgia Records in
Deed Book 74, Page 403,
said Security Deed being
given to secure a Note dat
ed October 25, 2004, in the
original principal amount
of THIRTY TWO THOU
SAND EIGHT HUNDRED
SIXTY NINE AND 14/100
($32,869.14) DOLLARS,
with interest 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
legal 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, contain
ing 2.0 acres, more or less,
according to Plat of Survey
prepared by Hubert Lovell,
Registered Surveyor, dat
ed February 17, 1992, and
recorded among Banks
County, Georgia Records
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 Mobile
Home located thereon.
Said property is known
as 581 Grant Mill Road,
Alto, Georgia, 30510, to
gether with all fixtures and
personal property attached
to and constituting a part of
said property if any.
Whereas, the Note se
cured by said Security
Deed has become in de
fault as to payment of the
principal and interest, and
COMMUNITY BANK &
TRUST has given notice
of its intention to foreclose
said Security Deed and
claim attorney’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 de
clared due because of the
non-payment of the current
indebtedness 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 inter
est thereon, and attorney’s
fees and all expenses of
said sale.
Said property will be
sold subject to any out
standing ad valorem taxes
(including taxes which are
a lien, whether or not now
due and payable), the right
of redemption of any tax
ing authority, any matters
which might be disclosed
by an accurate survey and
inspection 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 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 property will be sold
as the property of JAMES
H. FREE, who, to the
best of the undersigned’s
knowledge and belief, is
the party in possession 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 COL
LECTOR. ANY INFORMA
TION OBTAINED 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 COL
LECTOR ATTEMPTING
TO COLLECT A DEBT.
ANY INFORMATION OB
TAINED WILL BE USED
FOR THAT PURPOSE.
Under and by virtue of
the Powerof Sale contained
in a Security Deed given
by LORI JONES to OP
TION ONE MORTGAGE
CORPORATION, dated
July 28, 1999, recorded in
Deed Book 147, Page 60,
Banks County, Georgia Re
cords, as last transferred to
Wells Fargo Bank, N.A., as
Trustee for Structured As
set Securities Corporation
SASCO Mortgage Loan
Trust 1999-BC4 Mortgage
Pass-Through Certificates,
Series 1999-BC4 by as-
continued on following page