The Banks County news. (Homer, Banks County, Ga.) 1968-current, October 16, 2008, Image 16

Below is the OCR text representation for this newspapers page.

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