Newspaper Page Text
PAGE 4B
THE BANKS COUNTY NEWS
THURSDAY, OCTOBER 9, 2008
Legal notices
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 contained in
a Security Deed given by
MICHAEL H. IVEY to WELLS
FARGO HOME MORTGAGE,
INC., dated April 19, 2004,
recorded in Deed Book 235,
Page 305, Banks County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount of
EIGHTY-FOUR THOUSAND
FIVE HUNDRED AND 0/100
DOLLARS ($84,500.00), 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 November,
2008, the following described
property:
SEE EXHIBIT “A”
ATTACHED 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 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 Security Deed
and by law, including attor
ney's fees (notice of intent to
collect attorney's 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 assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, 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 negotiate,
amend, or modify the terms
of the mortgage instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Michael H. Ivey
or a tenant or tenants and
said property is more com
monly known as 160 Kay
Drive, Carnesville, Georgia
30521.
The sale will be conducted
subject (1) to confirmation
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.
sbm Wells Fargo Home
Mortgage, Inc. as Attorney in
Fact for Michael H. Ivey
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 11/4/08
Our file no. 5393108-FT7
EXHIBIT “A”
That tract or parcel of Land
lying and being in the 1206th
GMD of Banks County,
Georgia, being described as
Lot 2, containing 2.00 acres,
more or less, as shown on
a plat of survey for Fred Kay
& Jean P. Kay and Dwayne
Ivey & Diana K. Iven dated
July 16, 1980, revised July
28, 1980, divided November
26, 2003, and recorded
in Plat Book 28, Page 93,
Banks County Records; said
plat being incorporated here
in by reference for a more
complete description of the
property. This being a portion
of the property conveyed by
Warranty Deed from Alfred
H. Poole and Mrs. Cleo E.
Poole to Fred Kay, Jean P.
Kay, Dwayne Ivey and Diane
K. Ivey dated August 7, 1980
and recorded in Deed Book
21, Page 537, Banks County
Records. Togetherwith is a 20’
easement for ingress, egress
and utilities, a complete
description of which is shown
on the above-referenced plat
of survey. Together with an
improvement and immovable
fixture permanently attached
thereto, a 2004 Fleetwood
Entertainer, Serial Number
GAFL434AB76898-CY12.
(OC9,16,23,30B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in
the payment of the indebted
ness secured by a Security
Deed executed by JEFFERY
B. ODUM to MAXIMUM
PROPERTY SERVICES INC.
dated May 13, 2005, and
recorded in Deed Book 258,
Page 755, Banks County
Records, said Security
Deed having been last sold,
assigned, transferred and
conveyed to U.S. Bank N.A.,
as Trustee for registered
holders of Asset Backed
Certificates, Series 2005-
HE4, by Assignment securing
a Note in the original principal
amount of $107,600.00, the
holder thereof pursuant to
said Deed and Note thereby
secured has declared the
entire amount of said indebt
edness due and payable
and, pursuant to the power of
sale contained in said Deed,
will on the first Tuesday,
November 4, 2008, during
the legal hours of sale, before
the Courthouse door in said
County, sell at public outcry
to the highest bidder for cash,
the property described in said
Deed, to-wit:
All that tract or parcel of
land containing 0.86 acres,
more or less, in the 265th
GMD of Banks County, in the
City of Homer, Georgia, being
bounded now or formerly as
follows: On the North by lands
of Ayers; on the East by U.S.
Highway 441; on the South
by Homer Baptist Church;
and on the West by lands
of Blackwell. Said tract of
land being more particularly
described according to a plat
of survey prepared by Max
Lewallen, R.S., on the 9th
day of June, 1994, which plat
is recorded in Plat Book 18,
Page 207, Public Records of
said Banks County, Georgia,
is by reference incorporat
ed herein as a part of this
description.
Said property is known as
246 Oak Street, Homer, GA
30547, together with all fix
tures and personal property
attached to and constituting a
part of said property, if any.
Said property will be sold
subject to any outstanding
ad valorem taxes (includ
ing taxes which are a lien,
whether or not now due and
payable), the right of redemp
tion of any taxing authority,
any matters which might be
disclosed by an accurate
survey and inspection of the
property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
The sale will be conducted
subject (1) to confirmation
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 attorney’s
fees in accordance with the
terms of the Note secured by
said Deed.
Said property will be sold
as the property of Jeffery B.
Odum, the property, to the
best information, knowledge
and belief of the undersigned,
being presently in the pos
session of Jeffery B. Odum,
and the proceeds of said sale
will be applied to the payment
of said indebtedness and all
the expenses of said sale,
including attorney’s fees, all
as provided in said Deed,
and the balance, if any, will
be distributed as provided by
law.
U.S. Bank N.A., as Trustee
for registered holders of Asset
Backed Certificates, Series
2005-HE4 as Attorney-in-
Fact for Jeffery B. Odum
File no. 08-005149
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock Boulevard,
Suite 100
Atlanta, GA 30341
(770) 220-2730/AR
www.swertfeger.net
*THE LAW FIRM IS
ACTING AS A DEBT COL
LECTOR. ANY INFORMA
TION OBTAINED WILL
BE USED FOR THAT
PURPOSE.
[FC-NOS]
(OC9,16,23,30B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
State of Georgia
County of Banks
By virtue of the power of
sale contained in that cer
tain Georgia Security Deed
& Security Agreement
from DREAM RIVER
INVESTMENTS, INC. to
BRANCH BANKING &
TRUST COMPANY, dated
June 10, 2004, and record
ed in Deed Book 239, Page
267, Banks County, Georgia
Records (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
(“Note”) in the original prin
cipal 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 balance until
paid, there will be sold by
the undersigned at public out
cry to the highest bidder for
cash before the Courthouse
at Banks County, Georgia,
within the legal hours of sale
on Tuesday, November 4,
2008, the property described
on Exhibit “A” attached here
to 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 pos
sible events of default, failure
to make payments on said
Note. The debts remaining in
default, this sale will be made
for the purpose of paying the
same and all expenses of
this sale, including attorney’s
fees.
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 assessments,
liens, encumbrances, zon
ing ordinances, restrictions,
easements, covenants, and
matters of record superior to
the Deeds to Secure Debt
first set out above, including,
but not necessarily limited to,
senior encumbrances that
will not be extinguished by
the foreclosure sale contem
plated by this Notice.
To the best knowledge and
belief of the undersigned,
the Party in possession 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 attached legal descrip
tion for the location of the
property.
Branch Banking & Trust
Company
Attorney in Fact for Dream
River Investments, 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 southwest
erly side of County Road No.
62, and being designated as
Tract 49 and more particu
larly shown and delineated
on a plat of survey entitled
“Survey for: Silvermill Farms,”
dated December 18, 1995,
prepared by Cornerstone
Land Surveying, James R.
Smith, Registered Surveyor,
and recorded at Plat Book 22,
Page 44, 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 descrip
tion. Together with the right
of ingress and egress to the
above referenced property by
means of the 60 foot access
easement as shown on the
above described plat. Said
60 foot access strip being
reserved in a Warrant Deed to
Georgia-Pacific Corporation
recorded at Deed Book 105,
Page 732, Banks County
Records.
(OC9,16,23,30P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in the
payment of the indebted
ness secured by a Security
Deed executed by DINA
GALLOWAY and TALMADGE
GALLOWAY TO ALLIANCE
FUNDING, a Division of
Superior Bank FSB dated
April 14, 1999, in the amount
of $58,400.00, and record
ed in Deed Book 142, Page
756, Banks County, Georgia
Records, as last transferred
to LaSalle Bank National
Association (“Assignee”),
formerly known as LaSalle
National Bank, in its capac
ity as indenture trustee
under that certain Sale and
Servicing Agreement dated
June 1, 1999, among AFC
Trust Series 1999-2, as
Issuer, Superior Bank F by
assignment, the undersigned,
LaSalle Bank National
Association (“Assignee”),
formerly known as LaSalle
National Bank, in its capac
ity as indenture trustee
under that certain Sale and
Servicing Agreement dated
June 1, 1999 among AFC
Trust Series 1999-2, as
Issuer, Superior Bank F pur
suant to said deed and the
note thereby secured, has
declared the entire amount
of said indebtedness due and
payable and pursuant to the
power of sale contained in
said deed, will on the first
Tuesday in November, 2008,
during the legal hours of sale,
at the Courthouse door in
Banks County, sell at pub
lic outcry to the highest bid
der for cash, the property
described in said deed to-wit:
All that tract or parcel of
land lying and being in 465th
G.M. District, Banks County,
Georgia, being designated
as Tract 2C, containing 1.02
acres, more or less, as shown
on that certain plat entitled
Survey for CHS Associates
dated October 21, 1998,
prepared by G. Brian Slate,
GRLS No. 2629, recorded
in Plat Book 23, Page 156,
Banks County, Georgia
records which plat is incorpo
rated herein by reference and
made a part hereof.
which has the property
address of 211 McClure
Road, Gillsville, Georgia,
together with all fixtures and
other personal property con
veyed by said deed.
The sale will be held sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants or restrictions, liens,
and other superior matters of
record which may affect said
property.
The sale will be conducted
subject (1) to confirmation
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 attorneys’
fees in accordance with the
terms of the note secured by
said deed.
Said property will be sold as
the property of Dina Galloway
and Talmadge Galloway and
the proceeds of said sale will
be applied to the payment
of said indebtedness, the
expense of said sale, all as
provided in said deed, and
the undersigned will execute
a deed to the purchaser as
provided in the aforemen
tioned Security Deed.
LaSalle Bank National
Association (“Assignee”),
formerly known as LaSalle
National Bank, in its capac
ity as indenture trustee
under that certain Sale and
Servicing Agreement dated
June 1, 1999 among AFC
Trust Series 1999-2, as Issuer,
Superior Bank F Attorney in
Fact for Dina Galloway and
Talmadge Galloway
Anthony DeMarlo, Attorney/
jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-00919/CONV
THIS LAW FIRM IS
ACTING AS A
DEBT
COLLECTOR AND IS AT-
TEMPTING TO COLLECT
A DEBT. ANY INFORMA-
TION OBTAINED
WILL
BE USED FOR
THAT
PURPOSE.
(OC9,16,23,30B/1325-60)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of a Power of
Sale contained in that certain
Security Deed from DANNY
GUTHRIE aka DANNY
EUGENE GUTHRIE and
KRIS GUTHRIE aka LOLA
KRISTINE GUTHRIE to
VANDERBILT MORTGAGE
AND FINANCE, INC.,
dated March 23, 2007, and
recorded in Deed Book 302,
Page 554, in the Office of
the Clerk of Superior Court
of Banks County, Georgia,
said Security Deed having
been given to secure a Note
dated, March 23, 2007, in
the original principal amount
of SEVENTY SEVEN
THOUSAND SIX HUNDRED
FORTY AND 06/100
DOLLARS ($77,640.06) with
interest thereon as provid
ed therein, 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 of November
2008, regarding the following
described property:
All that tract or parcel of
land lying and being in 208th
G.M., District of Banks County,
Georgia. Designated as Tract
4 containing 5.00 acres, more
or less, as shown on a plat of
survey prepared for Eugene
Montgomery, dated May 3,
2002 prepared by G. Brian
Slate, Registered Surveyor
and recorded in Deed Book
E, Page 88 in the Office of
the Clerk of Superior Court
of Banks County, Georgia.
Said property is bounded on
the North by Tract #3-C East
by G.H. Rylee Estate, South
by Tract #5 and West by
Hembree Rd.
Said property is commonly
known as 465 Hembree Rd.,
Maysville, GA 30558.
The indebtedness secured
by said Security Deed has
been and is hereby declared
due because of default under
the terms of said Security
Deed and Note, including but
not limited to the nonpay
ment of the indebtedness as
and when due. The indebt
edness remaining in default,
this sale will be made for
the purpose of paying the
same, all expenses of the
sale, including attorney's fees
and all other payments pro
vided for under the terms of
the Security Deed and Note.
Said property will be sold
subject to the following items
which may effect the title of
said property; zoning ordi
nances, matters which would
be disclosed by an accurate
survey or by an inspection of
the property; any outstand
ing taxes, including but not
limited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
public utilities which constitute
liens upon said property; all
restrictive covenants, ease
ments, rights-of-way and any
other matters of record supe
rior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
the party in possession of the
property is Danny E. Guthrie
and Kris Guthrie or tenant(s).
Vanderbilt Mortgage and
Finance, Inc. as Attorney-in-
Fact for Danny E. Guthrie
and Kris Guthrie
Contact:
Topping & Associates, LLC
1930 N. Druid Hills Rd.,
Suite B
Atlanta, Georgia 30319
(404) 728-0220
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.
(OC9,l6,23,30P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of
sale contained in a Deed to
Secure Debt by ANTHONY
CONNER and VICKIE
CONNER to CITIFINANCIAL
SERVICES, INC., dated June
5, 2003, and filed for record
June 11, 2003, in Deed
Book 216, Page 117, Banks
County, Georgia Records,
and securing a Note in the
original principal amount of
$70,326.84, there will be sold
at a public outcry for cash to
the highest bidder before the
Courthouse door of Banks
County, Georgia, between the
legal hours of sale on the first
Tuesday in November, 2008,
by CitiFinancial Services,
Inc. as Attorney-in-Fact for
Anthony Conner and Vickie
Conner the following property
to-wit:
ALL THAT CERTAIN parcel
of land lying and being situ
ated in the County of Banks,
State of Georgia, to-wit: ALL
THAT CERTAIN tract of land,
containing 1.00 acres, more
or less, in the 207th District,
G.M., of Banks County, State
of Georgia, bounded now or
formerly as follows: north by
lands of Jim Brown; east by
lands of W.G. Bone; south
by road and lands of Homer
McDonald; and west by lands
of Weldon Richie. SAID
TRACT of land being more
particularly described accord
ing to a plat of survey pre
pared by Eddie A. Borders,
Surveyor, on the 3rd of March
1981, which plat is recorded
in Plat Book 8, Page 154,
of the public records of said
Banks County, and is by ref
erence incorporated herein
as a part of this description.
LESS AND EXCEPT any
road right of ways of record.
BEING THAT PARCEL of
land conveyed to Anthony
Conner and wife, Vickie
Conner, as joint tenants with
full rights of survivorship from
Jim Walter Homes, Inc. and
William J. Wade, not in his
individual capacity but sole
ly as Trustee of Mid-State
Trust II by that deed dated
03/11/1995 and recorded
05/10/1995 in Deed Book 96,
at Page 533 of the Banks
County, GA Public Registry;
and by deed from Exie B.
continued on following page