Newspaper Page Text
PAGE 6B
THE BANKS COUNTY NEWS
THURSDAY, OCTOBER 16, 2008
:hereon as provided therein,
will be sold at public outcry
o the highest bidder for cash
before the Courthouse door of
Banks County, Georgia, within
:he legal hours of sale on
:he first Tuesday of November
2008, regarding the following
described property:
All that tract or parcel of
and lying and being in 208th
3.M., District of Banks County,
Seorgia. Designated as Tract
1 containing 5.00 acres, more
Dr 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
:he Clerk of Superior Court
af Banks County, Georgia.
Said property is bounded
Dn the North by Tract #3-C
East by G.H. Rylee Estate,
Bouth by Tract #5 and West
ay Hembree Rd.
Said property is commonly
mown as 465 Hembree Rd.,
Vlaysville, GA 30558.
The indebtedness secured
ay said Security Deed has
aeen and is hereby declared
due because of default under
he terms of said Security
Deed and Note, including but
aot limited to the nonpayment
af the indebtedness as and
when due. The indebtedness
■emaining in default, this sale
will be made for the purpose of
aaying the same, all expenses
af the sale, including attor
ney’s fees and all other pay
ments provided for under the
:erms 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
ae disclosed by an accurate
survey or by an inspection of
:he property; any outstand-
ng taxes, including but not
imited to ad valorem taxes,
which constitute liens upon
said property; special assess
ments; all outstanding bills for
aublic utilities which constitute
iens upon said property; all
■estrictive covenants, ease
ments, rights-of-way and any
ather matters of record supe-
ior to said Security Deed.
To the best of the knowledge
and belief of the undersigned,
:he party in possession of the
aroperty is Danny E. Guthrie
and Kris Guthrie or tenant(s).
Vanderbilt Mortgage and
r inance, Inc. as Attorney-in-
r act for Danny E. Guthrie and
<ris 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
rO COLLECT A DEBT.
ANY INFORMATION OB-
fAINED WILL BE USED
FOR THAT PURPOSE.
(OC9,16,23,30P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power of sale
aontained in a Deed to Secure
Debt by ANTHONY CONNER
and VICKIE CONNER to
DITIFINANCIAL SERVICES,
NC., dated June 5, 2003, and
Tied for record June 11, 2003,
n Deed Book 216, Page
117, Banks County, Georgia
Records, and securing a Note
n the original principal amount
af $70,326.84, there will be
sold at a public outcry for cash
:o the highest bidder before
:he Courthouse door of Banks
Bounty, Georgia, between the
egal hours of sale on the first
ruesday in November, 2008,
ay CitiFinancial Services,
nc. as Attorney-in-Fact for
Anthony Conner and Vickie
Donner the following property
:o-wit:
ALL THAT CERTAIN parcel
af land lying and being situ
ated in the County of Banks,
State of Georgia, to-wit: ALL
FHAT CERTAIN tract of land,
aontaining 1.00 acres, more
ar less, in the 207th District,
3.M., of Banks County, State
af Georgia, bounded now or
brmerly as follows: north by
ands of Jim Brown; east by
ands of W.G. Bone; south
ay road and lands of Homer
VIcDonald; and west by lands
af Weldon Richie. SAID
FRACT 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 reference
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 ten
ants with full rights of survivor
ship from Jim Walter Homes,
Inc. and William J. Wade, not
in his individual capacity but
solely 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.
Furr to Anthony Conner and
Vickie Conner 03/17/1997
and recorded 04/9/1997 in
Deed Book 116 at Page 65,
aforesaid records.
The above described prop
erty is also known as 171
Bone Road, Commerce, GA
30529.
The indebtedness secured
by said Deed to Secure Debt
having been declared due and
payable because of default in
the payment of the indebt
edness secured thereby, this
sale will be made for the pur
pose of paying the same and
all expenses of sale, including
attorney’s fees, if applicable.
The property will be sold
as the property of the afore
said grantor subject to the
following: all prior restric
tive covenants, easements,
rights-of-way, security deeds,
or encumbrances of record;
all valid zoning ordinances;
matters which would be dis
closed by an accurate sur
vey of the property or by any
inspection of the property; all
outstanding taxes, assess
ments, unpaid bills, charges,
and expenses that are a lien
against the property whether
due and payable or not yet
due and payable.
To the best of the under
signed’s knowledge and belief,
possession of the subject
property is held by Anthony
Conner and Vickie Conner.
Pursuant to O.C.G.A.
§ 44-14-162.2, the name,
address and telephone num
ber of the individual or entity
who shall have the full author
ity to negotiate, amend or
modify all terms of the above
described mortgage is as fol
lows:
CitiFinancial Services, Inc.
Attn: Loss Mitigation Dept.
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75062
Telephone number: 1-800-
423-8158
The foregoing notwith
standing, nothing in O.C.G.A.
§ 44-14-162.2 shall be con
strued to require CitiFinancial
Services, Inc. to negotiate,
amend or modify the terms
of the Deed to Secure Debt
described herein.
CitiFinancial Services,
Inc. as Attorney-in-Fact for
Anthony Conner and Vickie
Conner
SHUPING, MORSE &
ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road
Suite 100
Riverdale, GA 30274-1698
(770) 991-0000
THIS LAW FIRM IS AT
TEMPTING TO COLLECT
A DEBT. ANY INFORMA
TION OBTAINED WILL
BE USED FOR THAT
PURPOSE.
(OC9,16,23,30B/119-70)
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 CLYDE W. SANDS to
SUNTRUST MORTGAGE,
INC., dated October 13, 2005,
recorded in Deed Book 270,
Page 191, Banks County,
Georgia Records, conveying
the after-described property
to secure a Note in the original
principal amount of SEVENTY-
ONE THOUSAND FIVE
HUNDRED FIFTY AND 0/100
DOLLARS ($71,550.00), 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:
All that tract or parcel of
land lying and being in GMD
448, of Banks County, Georgia
and being more particularly
described as Lot 46, Phase 5
of Apple Pie Ridge, containing
2.745 acres, as depicted on
the Plat of survey dated June
10, 2004, and prepared by
Eddie G. Davidson, Georgia
registered land surveyor. Said
Plat is of record in Plat Book
E, Pages 142-145, in The
Office of The Clerk of The
Banks County Superior Court.
Reference is had and made
to said Plat and the record
thereof for a full and complete
description of Lot 46, Phase 5
as depicted thereon.
Also conveyed is a perpet
ual, non-exclusive road right
of way easement over and
across the roadways depicted
on the above described plats
for the purpose of providing
ingress to and egress from
said tract or parcel of land
with the public road system
of Banks County, Georgia.
Said tract or parcel of land is
hereby conveyed subject to
the rights of others to use said
roadways.
The above described tract
or parcel of land is conveyed
subject to all covenants, con
ditions, restrictions and ease
ments for Apple Pie Ridge of
record.
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, fail
ure to pay the indebtedness
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 pro
vided in Security Deed and
by law, including attorneys
fees (notice of intent to collect
attorneys fees having been
given).
Suntrust Mortgage, Inc.
can be contacted at 866-384-
0903 or by writing to 1001
Semmes Avenue, Richmond,
VA 23224, 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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 undersigned, the
party in possession of the
property is Clyde W. Sands or
a tenant or tenants and said
property is more commonly
known as 546 Planters Creek
Drive, Baldwin, Georgia
30511.
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.
SunTrust Mortgage, Inc. as
Attorney in Fact for Clyde W.
Sands
Morris, Schneider, Prior,
Johnson & Freedman, LLC
1587 Northeast
Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclo-
sure_sales.asp
MSP/jn2 11/4/08
Our file no. 11599808-FT2
(OC9,16,23,3 OB/12062-70T1P)
Mail legals to:
The Banks County
News
P.O. Box 908
Jefferson, GA 30549
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 JUDY
BROOKSHIRE to ALLIANCE
FUNDING DIVISION OF
SUPERIER BANK FSB, dated
February 16, 2000, record
ed in Deed Book 153, Page
40, Banks County, Georgia
Records, as last transferred
to LaSalle Bank National
Association (Assignee), for
merly known as LaSalle
National Bank, in its capac
ity as indenture trustee under
that certain Sale and Servicing
Agreement dated March 1,
2000 among AFC Trust Series
2000-1, as Issuer, Superior
Bank FSB 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 prin
cipal amount of SEVENTY
THOUSAND AND 0/100
DOLLARS ($70,000.00), 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 EXHIBITAATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, fail
ure to pay the indebtedness
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 pro
vided in 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 outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, 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:
EMC Mortgage Corporation,
800 State Highway 121
Bypass, Lewisville, TX 75067,
1-888-577-4011. Please
understand that the secured
creditor is not required by law
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
To the best knowledge and
belief of the undersigned, the
party in possession of the
property is Judy Brookshire or
a tenant or tenants and said
property is more commonly
known as 274 Water Plant
Road, Commerce, Georgia
30529.
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.
LaSalle Bank National
Association (Assignee), for
merly known as LaSalle
National Bank, in its capac
ity as indenture trustee under
that certain Sale and Servicing
Agreement dated March 1,
2000 among AFC Trust Series
2000-1, as Issuer, Superior
Bank FSB as Attorney in Fact
for Judy Brookshire
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/gxw 11/4/08
Our file no. 52169908-FT1
EXHIBIT A
All that tract or parcel of
land lying and being in GMD
465, Banks County, GA known
as Lot 6, Unit 1, River Run
Estates Subdivision as shown
on survey recorded in the
Clerk’s Office of the Superior
Court of Banks Co, GA in Plat
Book 13, Page 99. Said plat
and the record thereof are
herein incorporated for a full
and complete legal descrip
tion.
Also included is one 1996
Pioneer Mobile Home I D.
#PH401 GA8428A &
#PH401GA8428B.
(OC9,16,23,3 OB/12062-70T1P)
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 L.J
ARMOUR to THE GRANGE
BANK, dated April 19, 2004,
recorded in Deed Book 236,
Page 269, Banks County,
Georgia Records, as last
transferred to Franklin Bank
SSB 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 ONE HUNDRED
TEN THOUSAND AND 0/100
DOLLARS ($110,000.00),
with interest thereon as set
forth therein, there will be sold
at public outcry to the high
est 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 AATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, fail
ure to pay the indebtedness
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 pro
vided in 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 outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, 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:
Countrywide Home Loans,
7105 Corporate Drive, Mail
Stop PTX-C-35, Plano, TX
75024, 1-888-219-7773.
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 L.J Armour or a
tenant or tenants and said
property is more commonly
known as 5456 Yonah Homer
Rd., Alto, Georgia 30510.
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.
Franklin Bank SSB as
Attorney in Fact for L.J
Armour
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wa2 11/4/08
Our file no. 5466208-FT4
EXHIBIT A
All that tract or parcel of
land lying and being in the
912 G.M.D. of Banks County,
Georgia, consisting of 0.96
acre, all as more fully shown
on plat of survey by Max
Lewallen, GA. Reg. No. 2067,
dated June 23, 1994, record
ed in Plat Book 18, Page
232, in the Office of the Clerk
of Superior Court of Banks
County, Georgia, said plat
being referred to and incorpo
rated herein for a more com
plete description
Tax parcel ID: 69/28
(OC9,16,23,30B/12062-60T1P)
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 TOMMY JONES to
OPTION ONE MORTGAGE
CORPORATION, dated June
10, 2005, recorded in Deed
Book 260, Page 459, Banks
County, Georgia Records, as
last transferred to Wells Fargo
Bank, N.A. as Trustee for
Option One Mortgage Loan
Trust 2005-3 Asset-Backed
Certificates, Series 2005-3
by assignment to be record
ed 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
ONE HUNDRED NINETEEN
THOUSAND SEVEN
HUNDRED AND 0/100
DOLLARS ($119,700.00),
with interest thereon as set
forth therein, there will be sold
at public outcry to the high
est 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 AATTACHED
HERETO AND MADE A PART
HEREOF
The debt secured by said
Security Deed has been
and is hereby declared due
because of, among other pos
sible events of default, fail
ure to pay the indebtedness
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 pro
vided in 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 outstanding ad
valorem taxes (including taxes
which are a lien, but not yet
due and payable), any mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, zoning ordinances,
restrictions, 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:
American Home Mortgage
Servicing Inc., 3 Ada, Irvine,
CA 92618, 877-304-3100.
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 Tommy Jones or
a tenant or tenants and said
property is more commonly
known as 523 Mountain
Creek Dr, Maysville, Georgia
30558.
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.
as Trustee for Option One
Mortgage Loan Trust 2005-
continued on following page