Below is the OCR text representation for this newspapers page.

THURSDAY, NOVEMBER 20, 2008 THE BANKS COUNTY NEWS PACE 7A Legal notices gpn11 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) gpn11 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) gpn11 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) gpn11 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- TOLBERTifiBRADFORD ATTORNEYS AT LAW STOP Foreclosures STOP Repossessions STOP Garnishments STOP Tax Levies STOP Creditor Harassment Chapter 13 Repayment (Pay only Filing Fees to Start) Chapter 7 Get a Fresh Start Free Initial Consultation Athens • 706-549-8545 • 320 E. Clayton Street, Suite 514 • Athens, GA 30601 Jefferson • 706-367-5290 • 62 Washington Street • Jefferson, Georgia 30549