Newspaper Page Text
THURSDAY, NOVEMBER 20, 2008
THE BANKS COUNTY NEWS
PACE 7A
Legal notices
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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 and its modi
fications from TERRELL
STINCHCOMB and
RENEY STINCHCOMB to
HELEN SULLIVAN, dated
July 16, 2007, and securing
an original indebtedness in
the amount of $79,900.00
and recorded at Deed
Book 312, Pages 114-118,
in the Office of the Clerk
of Superior Court of Banks
County, Georgia, there will
be sold by the undersigned
at public outcry to the high
est bidder for cash before
the Courthouse door of
Jackson County, Georgia,
during the legal hours of
sale on the first Tuesday in
December, 2008, the fol
lowing described property,
to wit:
All that tract or parcel
of land lying and being in
the 1200 District, Banks
County, Georgia and being
more particularly described
as follows: To reach the
point being a common cor
ner between land of Robert
Payne and land of Billy C.
Nix and Timothy Wayne
Whitehead as shown on
plat recorded in Flat Book
7, Page 24, Banks County
Records; thence south 14
degrees 30 minutes east
a distance of 641-9 feet
to a point in the centerline
of road; thence south 04
degrees west a distance
of 1544 feet to a point
in the center line of said
road, being the true point
of beginning; thence north
88 degrees 30 minutes
west a distance of 210 feet
to a point; thence south S
degrees west a distance of
210 feet to a point; thence
south 88 degrees 30 min
utes east a distance of 210
feet to a point in the center
line of said road; thence
northeasterly along said
centerline a distance of 210
feet to the point of begin
ning containing one acre,
more or less.
The debt secured by said
instrument having been
declared due because of
default in payment, this sale
will be made forthe purpose
of satisfying said indebted
ness and any other indebt
edness secured by said
property and all expenses
of this sale, including attor
ney’s fees. This property
will be sold as the property
of Terrell Stinchcomb and
Reney Stinchcomb, subject
to any taxes, easements
and assessments appear
ing of record.
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 Joan
with the holder of the secu
rity deed.
To the best of the under
signed’s knowledge, the
property is in the posses
sion of Terell Stinchcomb
and Reney Stinchcomb.
Helen Sullivan, as attor
neys in fact for Terrell
Stinchcomb and Reney
Stinchcomb.
Helen Sullivan
216 Westbrook Road
Commerce, Georgia
30530
(NV6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
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 (hereinaf
ter referred to as “Deed to
Secure Debt”), said Deed
to Secure Debt securing a
Promissory Note (“Note”)
in the original principal 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, December
2, 2008, the property
described on Exhibit “A”
attached hereto and incor
porated herein by refer
ence. The debts secured
by said Deed to Secure
Debt have been and are
hereby declared due and
payable because of, among
other possible events of
default, failure to make pay
ments 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 attor
ney’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 neces
sarily limited to, senior
encumbrances that will not
be extinguished by the fore
closure sale contemplated
by this Notice.
To the best knowledge
and belief of the under
signed, the Party in pos
session 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 description
for the location of the prop
erty.
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 south
westerly side of County
Road No. 62, and being
designated as Tract 49 and
more particularly shown
and delineated on a plat
of survey entitled “Survey
for: Silvermill Farms,” dated
December 18, 1995, pre
pared 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 description.
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.
(NV6,13,20,27P4)
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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 LINDA
CLINE and MICHAEL
CLINE to MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS, INC. dated April
28, 2006, and recorded in
Deed Book 280, Page 887,
Banks County Records,
said Security Deed having
been last sold, assigned,
transferred and con
veyed to Deutsche Bank
National Trust Company, as
Trustee for GSAA Home
Equity Trust 2006-13, by
Assignment securing a
Note in the original princi
pal amount of $240,000.00,
the holder thereof pursu
ant to said Deed and
Note thereby secured has
declared the entire amount
of said indebtedness due
and payable and, pursu
ant to the power of sale
contained in said Deed,
will on the first Tuesday,
December 2, 2008, dur
ing the legal hours of sale,
before the Courthouse door
in said County, sell at public
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 the
207th District, G.M. Banks
County, Georgia, and being
that 7.92 acres, more or
less, designated as Lot 24
on a final plat for Governor’s
Walk Subdivision, as more
particularly shown on a
plat of survey prepared
for James Short by Max
Lewallen, registered sur
veyor, dated December
19,1996, recorded in Plat
Book C, Page 1, in the
Office of the Superior Court
of Banks County, Georgia
and incorporated herein
and made a part hereof
by reference for a more
detailed description.
Said property is known
as 748 Highway 59,
Commerce, GA 30530,
together with all fixtures 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
redemption of any tax
ing authority, 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 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.
Notice has been given
of intention to collect attor
ney’s fees in accordance
with the terms of the Note
secured by said Deed.
Said property will be sold
as the property of Linda
Cline and Michael Cline,
the property, to the best
information, knowledge and
belief of the undersigned,
being presently in the pos
session of Linda Cline and
Michael Cline, and the pro
ceeds 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.
Deutsche Bank National
Trust Company, as Trustee
for GSAA Home Equity
Trust 2006-13 as Attorney-
in-Fact for Linda Cline and
Michael Cline
File no. 08-006877
L. J. SWERTFEGER,
JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock
Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/Lw
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]
(NV6,13,20,27B/1323-60T1P)
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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 JERRY
C. STEVERto MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS, INC. dated
January 29, 2003, and
recorded in Deed Book
207, Page 790, Banks
County Records, said
Security Deed having been
last sold, assigned, trans
ferred and conveyed to
Wells Fargo Bank, N.A.,
by Assignment securing a
Note in the original princi
pal amount of $80,260.00,
the holder thereof pursu
ant to said Deed and
Note thereby secured has
declared the entire amount
of said indebtedness due
and payable and, pursu
ant to the power of sale
contained in said Deed,
will on the first Tuesday,
December 2, 2008, dur
ing the legal hours of sale,
before the Courthouse door
in said County, sell at public
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 the
465 G.M.D. Banks County,
Georgia, designated on a
plat recorded in Plat Book
13, at Page 99, Office of
the Clerk of Superior Court
of Banks County, Georgia,
shown as Lot 29, Said plat
and the record thereof are
herein incorporated for
a full and complete legal
description.
Being the same property
conveyed to Jerry C. Stever,
by deed from Jonathan R.
Fletcher and Harold Ray
Fletcher, dated 05/10/2002,
and recorded 05/16/2002
in Book 192, Page 422, in
the Office of the Clerk of the
Superior Court for Banks
County, Georgia.
Said property is known
as 117 Loggins Lane,
Commerce, GA 30529,
together with all fixtures 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
redemption of any tax
ing authority, 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 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.
Notice has been given
of intention to collect attor
ney’s fees in accordance
with the terms of the Note
secured by said Deed.
Said property will be sold
as the property of Jerry C.
Stever, the property, to the
best information, knowl
edge and belief of the
undersigned, being pres
ently in the possession of
Jerry C. Stever , 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.
Wells Fargo Bank, N.A.
as Attorney-in-Fact for Jerry
C. Stever
File no. 08-007013
L. J. SWERTFEGER,
JR.
SHAPIRO &
SWERTFEGER, LLP*
Attorneys and Counselors
at Law
2872 Woodcock
Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/AB
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]
(NV6,14,20,27B/1323-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS LAW FIRM
IS ACTING AS A
DEBT COLLECTOR
ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
Under and by virtue of
the Power of Sale con
tained in a Security Deed
given by BRITTANY A.
HERRIN to MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS, INC., dated
November 27, 2006,
recorded in Deed Book 296,
Page 568, Banks County,
Georgia Records, as last
transferred to Flagstar
Bank, FSB by assignment
to be recorded in the Office
of the Clerk of Superior
Court of Banks County,
Georgia Records, convey
ing the after-described prop
erty to secure a Note in the
original principal amount of
ONE HUNDRED EIGHTY-
NINE THOUSAND NINE
HUNDRED AND 0/100
DOLLARS ($189,900.00),
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 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
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, 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: Flagstar Bank,
F.S.B., 5151 Corporate
Drive, Troy, Ml 48098, 800-
945-7700. Please under
stand 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 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.foreclosurehotline.
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-
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