Newspaper Page Text
THURSDAY, NOVEMBER 6, 2008
THE BANKS COUNTY NEWS
PAGE 5B
Dy said Deed.
Said property will be sold
as the property of Jerry C.
Btever, the property, to the
aest information, knowledge
and belief of the under
signed, being presently in
:he possession of Jerry C.
Btever, and the proceeds of
said sale will be applied to
:he payment of said indebt
edness and all the expenses
af said sale, including attor
ney's fees, all as provided in
said Deed, and the balance,
f any, will be distributed as
arovided by law.
Wells Fargo Bank, N.A.
as Attorney-in-Fact for Jerry
3. Stever
File no. 08-007013
L. J. SWERTFEGER, JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock
3oulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/AB
www.swertfeger.net
*THE LAW FIRM IS
ACTING AS A DEBT COL
LECTOR. ANY INFORMA-
riON OBTAINED WILL
BE USED FOR THAT
PURPOSE.
[FC-NOS]
(NV6,14,20,27B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM
S ACTING AS A
DEBT COLLECTOR
ATTEMPTING TO
BOLLECT A DEBT. ANY
NFORMATION OBTAINED
A/ILL BE USED FOR THAT
PURPOSE.
Under and by virtue of the
3 ower of Sale contained in
a Security Deed given by
BRITTANY A. HERRIN to
MORTGAGE ELECTRONIC
REGISTRATION
SYSTEMS, INC., dated
Movember27, 2006, record-
ad in Deed Book 296, Page
568, Banks County, Georgia
Records, as last trans-
: erred to Flagstar Bank,
r SB by assignment to be
ecorded in the Office of
:he Clerk of Superior Court
af Banks County, Georgia
Records, conveying the
after-described property to
secure a Note in the origi
nal principal amount of
DNE HUNDRED EIGHTY-
MINE THOUSAND NINE
HUNDRED AND 0/100
DOLLARS ($189,900.00),
/vith interest thereon as
set forth therein, there will
ae sold at public outcry to
:he highest bidder for cash
aefore the Courthouse door
af Banks County, Georgia,
A/ithin the legal hours of
sale on the first Tuesday in
December, 2008, the follow-
ng 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
aecause of, among other
aossible events of default,
ailure to pay the indebt
edness as and when due
and in the manner provided
n the Note and Security
Deed. The debt remain-
ng in default, this sale will
ae made for the purpose
af paying the same and all
expenses of this sale, as
arovided in Security Deed
and by law, including attor
neys fees (notice of intent to
collect attorneys fees hav-
ng been given).
Said property will be sold
subject to any outstanding
ad valorem taxes (including
axes which are a lien, but
aot yet due and payable),
any matters which might be
disclosed by an accurate
survey and inspection of the
aroperty, any assessments,
iens, encumbrances, zon-
ng ordinances, restrictions,
aovenants, and matters
af record superior to the
Security Deed first set out
above.
The entity that has full
authority to negotiate,
amend, and modify all terms
af the mortgage with the
debtor is: Flagstar Bank,
F.S.B., 5151 Corporate
Drive, Troy, Ml 48098, 800-
945-7700. Please under
stand that the secured cred
itor is not required by law to
negotiate, amend, or modify
the terms of the mortgage
instrument.
To the best knowledge
and belief of the under
signed, the party in pos
session of the property is
Brittany A. Herrin and Caleb
Herrin or a tenant or tenants
and said property is more
commonly known as 750
Rock Springs Rd., Lula,
Georgia 30554.
The 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
of the status of the loan with
the holder of the security
deed.
Flagstar Bank, FSB as
Attorney in Fact for Brittany
A. Herrin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www. foreclosu rehotline,
net
MR/tah 12/2/08
Our file no. 52311208-
FT2
EXHIBIT A
All that tract or parcel of
land lying and being in the
448th GMD, Banks County,
Georgia designated as Lot
4, containing 1.00 acre,
more or less, as shown
on that Plat of Survey pre
pared for John W. Thomas
and Barbara M. Thomas
by Max Jackson Lewallen,
Registered Land Surveyor
#2067, under date of
January 3, 2006, and being
recorded in Plat Book 30,
Page 118 in the Office of the
Clerk of the Superior Court
of Banks County, Georgia
deed records. Said plat
is incorporated herein for a
more full and complete legal
description.
This is that same prop
erty conveyed to William
Blake Thomas from John
W. Thomas and Barbara M.
Thomas via Warranty Deed
dated July 7, 2006 and
recorded on July 19, 2006
in Deed Book 285, Page
583 of the aforewritten deed
records.
(NV6,13,20,27B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in
the payment of an indebted
ness secured by a security
deed executed by MICHAEL
B. CLINE and LINDA CLINE
to W.R. WILLIAMSON and
SHARON WILLIAMSON
dated April 27, 2006, and
recorded at Deed Book 332,
Page 392, Banks County
Records securing a note in
the original principal amount
of $340,734.31 with interest
thereon 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, December 2,
2008 the property described
as follows:
All that tract or parcel of
land lying and being in the
207 District, G.M., Banks
County, Georgia, containing
38.05 acres and designated
as Tract #6 according to a
plat of survey prepared by
Farley-Collins & Associates,
Georgia Registered Land
Surveyors, dated September
1,1976, and recorded at Plat
Book 9, Page 113 Banks
County, Georgia records.
Reference is made to said
plat of survey for a more
complete description of the
property.
The debts secured by said
security deed have been
and are hereby declared
due and payable because
of, among other possible
events of default, failure
to make payments of said
indebtedness. The indebt
edness remaining in default
the sale will be made for the
purpose of paying the same
and all expenses of the sale,
including attorney fees.
Said property will be sold
subject to any outstanding
ad valorem taxes (including
taxes which are not yet due
and payable), any matters
which might be disclosed
by an accurate survey and
inspection of the premises,
any assessments, liens
and encumbrances, zon
ing ordinances, restrictions
and easements superior to
the security deed set out
above.
To the best knowledge and
belief of the undersigned,
the party in possession of
the property is the debtors
first mentioned above, or
a tenant or tenants in pos
session.
W. R. Williamson
Sharon Williamson
Attorneys in fact for
Michael B. and Linda B.
Cline
John Terry Brown
Attorney at Law
Post Office Box 423
Commerce. Georgia
30529
706-335-6800
THE LAW FIRM IS ACT-
INGAS A DEBT COLLEC-
TOR ANY INFORMATION
OBTAINED
WILL BE
USED FOR
THAT PUR-
POSE.
(NV6,13,20,27P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Under and by virtue of
the power of sale contained
in that certain Security
Deed from R GERATONI
PROPERTIES LLC (the
“Grantor”) to and in favor
of UNITED COMMUNITY
BANK (the “Lender”) dated
June 5,2006, filed for record
June 14, 2006, in Deed
Book 758, Pages 914-922,
Habersham County, Georgia
Records, and filed for record
in November, 2008, in the
records of Banks County,
Georgia (the “Security
Deed”); securing that cer
tain renewal Promissory
Note from Grantor to and
in favor of Lender dated
June 5, 2007 in the origi
nal principal sum of ONE
HUNDREDTHIRTY-SEVEN
THOUSAND SEVEN
HUNDRED EIGHTY-
SEVEN AND 93/100
DOLLARS ($137,787.93)
(the “Note”); there will be sold
at public outcry by Lender as
attorney-in-fact of Grantor to
the highest bidder for cash
between the legal hours for
sale before the Courthouse
door in Habersham County,
Georgia, on thefirstTuesday
in December, 2008, the
following described land,
improvements and appur
tenances (hereinafter col
lectively referred to as the
“Premises”) to wit:
All that lot, tract, or par
cel of land, together with
improvements thereon,
lying and being in Land Lot
185 of the 10th Land District
of Habersham County,
Georgia, known, according
to a plat of survey of the
Town of Baldwin, Georgia,
made by John A. Reynolds,
as Lots 8, 9, 19, and 20 in
Block Number Forty-three
(43) as more fully shown on
the plat of survey recorded
in Plat Book JJ, Page 433
of the Habersham County,
Georgia Plat Records.
Reference to said plat and
the record hereof is hereby
made for a more complete
description of said property.
LESS AND EXCEPT that
tract or parcel of land deeded
by that certain Right of Way
Deed to Georgia Department
of Transportation, consist
ing of 0.070 acres, more
or less, dated February
21, 1996, as recorded in
Deed Book 346, Page 563
of the Habersham County,
Georgia Deed Records.
This conveyance is made
subject to all easements,
covenants and restrictions of
record, if any (the “Land”).
Together with any and
all of the following: (i) all
buildings, structures and
improvements now or here
after located on the real
property or on any part or
parcel thereof and all fix
tures affixed or attached,
actually or constructively,
thereto; (ii) all and singular
the tenements, heredita
ments, easements and
appurtenances belonging
thereunto or in any wise
appertaining thereto and
the reversion and rever
sions, remainder or remain
ders thereof; (iii) all Rents
(as defined in the Security
Deed) accruing therefrom,
whether now or hereaf
ter due; (iv) all accounts
and contract rights now or
hereafter arising in connec
tion with any part or parcel
thereof or any buildings,
structures, or improvements
now or hereafter located
thereon, including with
out limitation all accounts
and contract rights in and
to all leases or undertak
ings to lease now or here
after affecting the land or
any buildings, structures, or
improvements thereon; (v)
all minerals, flowers, crops,
trees, timber, shrubbery and
other emblements now or
hereafter located thereon or
thereunder or on or under
any part or parcel thereof;
(vi) all estates, rights, title
and interest therein, or in
any part or parcel thereof;
(vii) all equipment, machin
ery, apparatus, fittings, fix
tures, furniture, furnishings,
mobile homes, modular
homes and all personal
property of every kind or
description whatsoever now
or hereafter located there
on, or in or on the buildings,
structures and improve
ments thereon, and used in
connection with the opera
tion and maintenance there
of, and all additions thereto
and replacements thereof;
and (viii) all building mate
rials, supplies, goods and
equipment delivered thereto
and placed thereon for the
purpose of being affixed to
or installed or incorporated
or otherwise used in the
buildings, structures or other
improvements now or here
after located thereon or any
part or parcel thereof.
Due to the fact that the
Premises are located wholly
or partially in Habersham
County, the Premises
is simultaneously being
advertised in the Northeast
Georgian and will be sold
before the Courthouse door
in Habersham County.
The indebtedness evi
denced by the Note is due
and payable and remains
unpaid. The Security Deed
therefore has become and
is now foreclosable accord
ing to its terms. Accordingly,
the Premises will be sold
at public outcry pursuant to
the terms of the power of
sale provided in the Security
Deed.
The Premises will be sold
on an “as is, where is” basis
without recourse against
Lender and without rep
resentation or warranty of
any kind or nature whatso
ever by Lender with respect
thereto.
The proceeds of the sale
are to be applied first to
the expenses of the sale
and all proceedings in con
nection therewith, includ
ing attorneys’ fees (notice
of intention to collect attor
neys’ fees having been
given), then to the payment
of all sums secured by the
Security Deed, and the
remainder, if any, will be
paid to the person or per
sons legally entitled thereto,
all as provided in the Note
and Security Deed. The
Premises shall be sold as
the property of Grantor, sub
ject to all restrictions, ease
ments and other matters of
record that are prior to the
Security Deed and to which
the Security Deed is sub
ject and to any unpaid city,
county and state ad valorem
taxes or assessments relat
ing to the Premises.
To the best of the under
signed’s knowledge and
belief, the owner of the
Premises is the Grantor and
the party or parties in pos
session of the Premises is
the Grantor or tenants of the
Grantor.
UNITED COMMUNITY
BANK As Attorney-in-
Fact for R GERATONI
PROPERTIES LLC
James M. Ottley, Esq.
Morris, Manning & Martin,
L.L.P.
1600 Atlanta Financial
Center
3343 Peachtree Road,
N.E.
Atlanta, Georgia 30326
(404) 233-7000
(NV6,13,20,27P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power con
tained in a Deed To Secure
Debt executed and deliv
ered by ELVIS HANLEY to
ROBERT H. MCEVER, III
and JACKIE WHITFIELD,
dated October 24, 2003,
and recorded in Deed Book
225, Page 157, Banks
County, Georgia Records,
and recorded securing
a note of even date, and
any other present or future
indebtedness, 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 ELVIS HANLEY as pro
vided in said Deed to Secure
Debt, between the hours of
10:00 A.M. and 4:00 P.M.
Eastern Time, on the first
Tuesday in December, to-
wit; December 2, 2008:
All that tract or parcel of
land lying and being in the
207th District, G.M., Banks
County, Georgia, and being
that 2.811 acres, more or
less, designated as Lot 5
and that 1.311 acres, more
or less, designated as Lot
6 on a final plat for Hebron
Oaks Subdivision prepared
by Lank Surveying Services,
Inc., James H. Hamlin, GA
RLS No. 2382, dated June
23, 1989, and recorded in
Plat Book 15, Page 5, in
the Office of the Clerk of
the Superior Court of Banks
County, Georgia, which plat
is referred to herein for a
more complete and detailed
description of the property.
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 ELVIS HANLEY by the
undersigned, as Attorney-
in-Fact for the said ELVIS
HANLEY.
Said property shall be
sold subject to any and all
outstanding easements and
right-of-way, restrictions of
record, if any, and to all
unpaid taxes and assess
ments.
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 amended, having
been sent), and the bal
ance, if any, shall be applied
as provided in said Deed to
Secure Debt. Proper con
veyance will be made to
the purchaser at the sale by
the undersigned acting as
Attorney-in-Fact for the said
ELVIS HANLEY.
This 22nd day of October,
2008.
ROBERT H. MCEVER, III
and JACKIE WHITFIELD As
Attorney-in-Fact for ELVIS
HANLEY
Allen L. Lacey, Jr.
Attorney at Law
P. O. Box 356
Commerce, Georgia
30529
(706)335-7886
(NV6,13,20,27B/1324-40)
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 VALERIE LORD
and LOWELL LORD aka
JAMES LORD to H & R
BLOCK MORTGAGE
CORPORATION, dated
June 15, 2008, record
ed in Deed Book 276,
Page 447, Banks County,
Georgia Records, as last
transferred to Wells Fargo
Bank, National Association
as Trustee for Securitized
Asset Backed Receivables
LLC 2006-OP1 Mortgage
Pass-Through Certificates,
Series 2006-OP1 by assign
ment 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 princi
pal amount of SEVENTY-
NINE THOUSAND THREE
HUNDRED AND 0/100
DOLLARS ($79,300.00),
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
December, 2008, the follow
ing 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 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
expenses of this sale, as
provided in Security Deed
and by law, including attor
neys fees (notice of intent to
collect attorneys fees hav
ing 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, zon
ing 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 under
stand that the secured cred
itor is not required by law to
negotiate, amend, or modify
the terms of the mortgage
instrument.
To the best knowledge
and belief of the under
signed, the party in pos
session of the property is
Valerie Lord and Lowell
Lord or a tenant or tenants
and said property is more
commonly known as 261
Mcever Rd, Commerce,
Georgia 30530.
The 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
of the status of the loan with
the holder of the security
deed.
Wells Fargo Bank, National
Association as Trustee for
Securitized Asset Backed
Receivables LLC 2006-OP1
Mortgage Pass-Through
continued on following page