Newspaper Page Text
THURSDAY, NOVEMBER 1 3, 2008
THE BANKS COUNTY NEWS
PAGE 5B
Decause of, among other
Dossible events of default,
: ailure to pay the indebted
ness as and when due and
n the manner provided
n the Note and Security
Deed. The debt remaining
n default, this sale will be
nade for the purpose of
Daying the same and all
sxpenses of this sale, as
Drovided in Security Deed
and by law, including attor
neys fees (notice of intent
:o collect attorneys fees
naving been given).
Said property will be sold
subject to any outstanding
ad valorem taxes (includ-
ng taxes which are a lien,
nut not yet due and pay
able), any matters which
nnight be disclosed by
an accurate survey and
nspection of the property,
any assessments, liens,
ancumbrances, zoning
ardinances, restrictions,
sovenants, and matters
Df record superior to the
Security Deed first set out
above.
The entity that has
iill authority to negoti
ate, amend, and modify
all terms of the mortgage
with the debtor is: Flagstar
Bank, F.S.B., 5151
Borporate Drive, Troy, Ml
18098, 800-945-7700.
^lease understand that
:he secured creditor is not
•equired by law to nego-
:iate, amend, or modify
:he terms of the mortgage
nstrument.
To the best knowledge
and belief of the under
signed, the party in pos
session of the property
s Brittany A. Herrin and
Baleb Herrin or a tenant or
:enants and said property
s more commonly known
as 750 Rock Springs Rd.,
Lula, Georgia 30554.
The sale will be conduct-
ad subject (1) to confirma-
:ion that the sale is not
orohibited under the U.S.
Bankruptcy Code and (2)
:o final confirmation and
audit of the status of the
oan with the holder of the
security deed.
Flagstar Bank, FSB as
\ttorney in Fact for Brittany
Herrin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.
iet
MR/tah 12/2/08
Our file no. 52311208-
r T2
EXHIBIT A
All that tract or parcel
Df land lying and being
n the 448th GMD, Banks
Bounty, Georgia desig-
iated as Lot 4, containing
1.00 acre, more or less,
as shown on that Plat of
Survey prepared for John
A/. Thomas and Barbara M.
Thomas by Max Jackson
.ewallen, Registered Land
Surveyor #2067, under
late of January 3, 2006,
and being recorded in
^lat Book 30, Page 118
n the Office of the Clerk
Df the Superior Court of
3anks County, Georgia
leed records. Said plat
s incorporated herein for
a more full and complete
egal description.
This is that same prop
arty conveyed to William
3lake Thomas from John
A/. Thomas and Barbara
VI. Thomas via Warranty
Deed dated July 7, 2006
and recorded on July 19,
2006 in Deed Book 285,
3 age 583 of the aforewrit-
:en deed records.
(NV6,13,20,27B/12062-70T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in
:he payment of an indebt-
adness secured by a
security deed executed
Dy 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 princi
pal 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 under
signed at public outcry 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 fol
lows:
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
indebtedness remain
ing 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 under
signed, the party in pos
session of the property is
the debtors first mentioned
above, or a tenant or ten
ants in possession.
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 ISACT-
INGAS A DEBT COLLEC-
TOR ANY INFORMATION
OBTAINED
WILL BE
USED FOR
THAT PUR-
POSE.
(NV6,13,20,27P4)
gpn11
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
HUNDRED THIRTY-
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 attor-
ney-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 the
first Tuesday in December,
2008, the following
described land, improve
ments and appurtenanc
es (hereinafter collec
tively 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 sur
vey 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 prop
erty.
LESS AND EXCEPT
that tract or parcel of
land deeded by that cer
tain Right of Way Deed
to Georgia Department of
Transportation, consisting
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 restric
tions of record, if any (the
“Land”).
Together with any and
all of the following: (i) all
buildings, structures and
improvements now or
hereafter located on the
real property or on any part
or parcel thereof and all
fixtures affixed or attached,
actually or constructively,
thereto; (ii) all and singu
lar the tenements, here
ditaments, easements and
appurtenances belong
ing thereunto or in any
wise appertaining thereto
and the reversion and
reversions, remainder or
remainders thereof; (iii)
all Rents (as defined in
the Security Deed) accru
ing therefrom, whether
now or hereafter due; (iv)
all accounts and contract
rights now or hereafter aris
ing in connection with any
part or parcel thereof or
any buildings, structures,
or improvements now or
hereafter located thereon,
including without limitation
all accounts and contract
rights in and to all leases
or undertakings to lease
now or hereafter affecting
the land or any buildings,
structures, or improve
ments thereon; (v) all min
erals, flowers, crops, trees,
timber, shrubbery and other
emblements now or here
after located thereon or
thereunder or on or under
any part or parcel there
of; (vi) all estates, rights,
title and interest therein,
or in any part or parcel
thereof; (vii) all equipment,
machinery, apparatus, fit
tings, fixtures, furniture,
furnishings, mobile homes,
modular homes and all
personal property of every
kind or description what
soever now or hereafter
located thereon, or in or
on the buildings, structures
and improvements there
on, and used in connec
tion with the operation and
maintenance thereof, and
all additions thereto and
replacements thereof; and
(viii) all building materials,
supplies, goods and equip
ment delivered thereto and
placed thereon for the pur
pose of being affixed to
or installed or incorporated
or otherwise used in the
buildings, structures or
other improvements now
or hereafter located there
on or any part or parcel
thereof.
Due to the fact that
the Premises are locat
ed wholly or partially in
Habersham County, the
Premises is simultane
ously 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
according 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 with
out representation or war
ranty of any kind or nature
whatsoever 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 connec
tion therewith, including
attorneys’ fees (notice of
intention to collect attor
neys’ fees having been
given), then to the pay
ment of all sums secured
by the Security Deed, and
the remainder, if any, will be
paid to the person or per
sons legally entitled there
to, all as provided in the
Note and Security Deed.
The Premises shall be sold
as the property of Grantor,
subject to all restrictions,
easements and other
matters of record that are
prior to the Security Deed
and to which the Security
Deed is subject and to any
unpaid city, county and
state ad valorem taxes or
assessments relating 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
possession 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)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of the power
contained in a Deed To
Secure Debt executed
and delivered 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 addi
tion to interest accruing,
there will be sold at public
outcry to the highest bid
der for cash, before the
Courthouse door in Banks
County, Georgia, by the
undersigned, acting as
Attorney-in-Factforthe said
ELVIS HANLEY as provid
ed in said Deed to Secure
Debt, between the hours
of 10:00 A.M. and 4:00
PM. 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 pre
pared 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, restric
tions of record, if any, and
to all unpaid taxes and
assessments.
The proceeds from said
sale will be applied to the
payment of the above-
styled indebtedness, the
expenses of the pro
cedure, attorney’s fees
(notice as required in Sec.
13-1-11, O.C.G.A., 1982,
as amended, having been
sent), and the balance, 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.
ROBERTH. 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)
gpn11
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
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 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 fol
lowing described property:
SEE EXHIBIT A
ATTACHED HERETOAND
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
neys fees (notice of intent
to collect attorneys fees
having been given).
Said property will be sold
subject to any outstanding
ad valorem taxes (includ
ing taxes which are a lien,
but not yet due and pay
able), 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 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 nego
tiate, 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 conduct
ed subject (1) to confirma
tion 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 Certificates,
Series 2006-OP1 as
Attorney in Fact for
Valerie Lord and Lowell
Lord aka James Lord
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.
net
MR/ho 12/2/08
Our file no. 52362108-
FT1
EXHIBIT A
All that certain prop
erty situated in city of
Commerce in the County
of Banks, and state of GA
and being described in a
deed dated 01/25/1996
and recorded 01/26/1996
in Book 103 Page 231
among the land records
of the county and state
set forth above, and refer
enced as follows:
All that tract or parcel
of land lying and being
in Banks County, Georgia,
G.M.D 207, being desig
nated as tract 1, contain
ing 0.69 acres, more or
less, and tract 2, contain
ing 0.38 acres, more or
less, and being 1.07 acres
in the aggregate accord
ing to a survey for Jimmie
continued on following page