Newspaper Page Text
PAGE 8A
THE BANKS COUNTY NEWS
THURSDAY, NOVEMBER 20, 2008
Dared for John W. Thomas
and Barbara M. Thomas
ay Max Jackson Lewallen,
Registered Land Surveyor
¥2067, under date of
January 3, 2006, and being
■ecorded in Plat Book 30,
3 age 118 in the Office of the
Slerk of the Superior Court
Df Banks 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
J\l. 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 the
Daymentofan indebtedness
secured by a security deed
axecuted by MICHAEL B.
DUNE and LINDA CLINE
:o W.R. WILLIAMSON and
SHARON WILLIAMSON
dated April 27, 2006, and
ecorded at Deed Book
332, Page 392, Banks
Dounty Records securing
a note in the original princi-
Dal amount of $340,734.31
A/ith interest thereon from
said date at the rate stated
n said note on the unpaid
aalance until paid, there will
ae sold by the undersigned
at public outcry to the high-
ast bidder for cash before
:he Courthouse at Banks
Dounty, Georgia within
:he legal hours of sale on
Euesday, December2,2008
:he property described as
Allows:
All that tract or parcel of
and lying and being in the
207 District, G.M., Banks
Dounty, Georgia, contain-
ng 38.05 acres and desig
nated as Tract #6 according
:o a plat of survey pre-
aared by Farley-Collins
& Associates, Georgia
Registered Land Surveyors,
dated September 1, 1976,
and recorded at Plat Book
9, Page 113 Banks County,
Seorgia records. Reference
s made to said plat of sur-
/ey 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
Df, among other possible
avents of default, failure
:o make payments of said
ndebtedness. The indebt-
adness remaining in default
:he sale will be made for
:he purpose of paying the
same and all expenses of
:he sale, including attorney
: ees.
Said property will be sold
subject to any outstanding
ad valorem taxes (including
axes which are not yet due
and payable), any matters
A/hich might be disclosed
Dy an accurate survey and
nspection of the premises,
any assessments, liens
and encumbrances, zon-
ng ordinances, restrictions
and easements superior to
:he security deed set out
above.
To the best knowledge
and belief of the under
signed, the party in pos
session of the property is
:he debtors first mentioned
above, or a tenant or ten
ants in possession.
W. R. Williamson
Sharon Williamson
Attorneys in fact for
Vlichael B. and Linda B.
Dline
John Terry Brown
Attorney at Law
Post Office Box 423
Commerce. Georgia
30529
706-335-6800
THE LAW FIRM IS ACT-
NG AS A DEBT COLLEC-
rOR ANY INFORMATION
DBTAINED
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
:he 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 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 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, 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 restric
tions 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 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
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 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 build
ings, 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 whol
ly 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 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 con
nection therewith, including
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 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 mat
ters 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 assess
ments 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 Attomey-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
addition to interest accru
ing, there will be sold at
public outcry to the high
est 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 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, 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 amend
ed, having been sent), and
the balance, if any, shall
be applied as provided in
said Deed to Secure Debt.
Proper conveyance will
be made to the purchaser
at the sale by the under
signed 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)
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 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 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: American Home
Mortgage Servicing Inc., 3
Ada, Irvine, CA92618, 877-
304-3100. 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
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 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 property
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
referenced 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
Ray Jacobs, Jr. and Lisa L.
Jacobs, prepared by ven-
able and associates, regis
tered land surveyor, said plat
is recorded in Plat Book 14,
Page 188, Banks County
Records and is incorporat
ed herein by reference for a
more complete description,
this conveyance is subject
to all easement and rights
of way for road and utilities
now in use along with all
easements and restrictions
of record.
Less and except: proper
ty referenced in Book 156;
Page 86-88
All that tract or parcel
of land lying and being in
Banks County, Georgia,
G.M.D. 207, being desig
nated as tract two, con
taining 0.38 acres accord
ing to a survey for Jimmie
Ray Jacobs, Jr. and Lisa
L. Jacobs. Prepared
by venable and associ
ates, G.R.L.S. said plat is
recorded in Plat Book 14,
Page 188, Banks County
Records and is incorporat
ed herein by reference for a
more complete description.
This conveyance is subject
to all easements and rights
of way for roads and utilities
now in use along with all
easements and restrictions
of record. Less and except
that .38 acres tract con
veyed to Phillup Beard and
Kevin Pugh by Lowell Lord,
as per that limited warran
ty deed dated 04/22/2000
and recorded 04/24/2000 in
Book 156 and Page 86.
Parcel No. B82009
(NV6,13,20,27B/12062-90T1P)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Because of default in
the payment of the indebt
edness secured by a
Security Deed executed by
MILTON A CAMPBELL aka
MILTON A. CAMPBELL,
JR. to MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS, INC. dated April
7, 2008, in the amount of
$150,220.00, and recorded
in Deed Book 324, Page
423, Banks County, Georgia
Records, as last transferred
to Mortgage Electronic
Registration Systems, Inc.
by assignment, the under
signed, Mortgage Electronic
Registration Systems, Inc.
pursuant to said deed and
the note thereby secured,
has declared the entire
amount of said indebted
ness due and payable and
pursuant to the power of
sale contained in said deed,
will on the first Tuesday
in December, 2008, dur
ing the legal hours of sale,
at the Courthouse door in
Banks 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 265th GMD of Banks
County, Georgia and con
taining 3.1373 Acres, more
or less, as shown on a
plat of survey prepared by
James Robert Cheatham,
RLS, dated May 1, 1995,
and recorded in the Office
of the Clerk of the Superior
Court for Banks County,
Georgia Records in Plat
Book 19, Page 195, refer
ence to said plat is being
made for a more full and
complete description.
which has the property
address of 1041 GA Hwy.
51 S., Homer, Georgia,
together with all fixtures
and other personal property
conveyed by said deed.
The sale will be held sub
ject to any unpaid taxes,
assessments, rights-of-way,
easements, protective cov
enants or restrictions, liens,
and other superior matters
of record which may affect
said property.
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
neys’ fees in accordance
with the terms of the note
secured by said deed.
Said property will be sold
as the property of Milton
A Campbell aka Milton
A. Campbell, JR and the
proceeds of said sale will
be applied to the payment
of said indebtedness, the
expense of said sale, all
as provided in said deed,
and the undersigned will
execute a deed to the pur
chaser as provided in the
aforementioned Security
Deed.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for Milton
A Campbell aka Milton A.
Campbell, JR
Anthony DeMarlo,
Attorney/ajackson
McCurdy & Candler,
L.L.C.
(404) 373-1612
www.mccurdycandler.
com
File No. 08-22871 /FHA
THIS LAW FIRM IS
ACTING AS A
DEBT
COLLECTOR AND IS AT-
TEMPTING TO COLLECT
A DEBT. ANY INFORMA-
TION OBTAINED
WILL
BE USED FOR
THAT
PURPOSE.
(NV6,13,20,27B/1325-50)
gpn20
Legal Notice
Superior Court
of Banks County
State of Georgia
In the Matter of:
The 2008 Tax Digest for
Banks County, Georgia
Civil Action File No.
08-CV-612A
Petition for Order
continued on following page