Newspaper Page Text
PAGE 4B
THE BANKS COUNTY NEWS
THURSDAY, NOVEMBER 27, 2008
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 modifications 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 following described prop
erty, to wit:
All that tract or parcel of
land lying and being in the
1200 District, Banks County,
Georgia and being more par
ticularly described as follows:
To reach the point being a
common corner 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 cen
terline of road; thence south
04 degrees west a distance of
1544 feet to a point in the cen
ter 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 minutes east a distance of
210 feet to a point in the center
line of said road; thence north
easterly along said centerline
a distance of 210 feet to the
point of beginning 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 for the purpose
of satisfying said indebted
ness and any other indebted
ness secured by said property
and all expenses of this sale,
including attorney’s fees. This
property will be sold as the
property of Terrell Stinchcomb
and Reney Stinchcomb, sub
ject to any taxes, easements
and assessments appearing
of record.
The sale will be conducted
subject (1) to confirmation 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 security
deed.
To the best of the under
signed’s knowledge, the prop
erty is in the possession of
Terell Stinchcomb and Reney
Stinchcomb.
Helen Sullivan, as attorneys
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 inthatcertain 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 (hereinafter referred
to as “Deed to Secure Debt”),
said Deed to Secure Debt
securing a Promissory Note
(“Note”) in the original prin
cipal sum of Forty Seven
Thousand and 00/100 Dollars
($47,000.00), with interest
from said date at the rate stat
ed in said Note on the unpaid
balance until paid, there will
be sold by the undersigned
at public outcry to the high
est 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 incorporated herein by ref
erence. 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, includ
ing attorney’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 assess
ments, liens, encumbrances,
zoning ordinances, restric
tions, easements, covenants,
and matters of record superior
to the Deeds to Secure Debt
first set out above, including,
but not necessarily limited to,
senior encumbrances that will
not be extinguished by the
foreclosure sale contemplated
by this Notice.
To the best knowledge and
belief of the undersigned,
the Party in possession 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 property.
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 southwesterly 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, prepared 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 descrip
tion. 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 indebtedness
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 conveyed to
Deutsche Bank National Trust
Company, as T rustee for GSAA
Home Equity Trust 2006-13, by
Assignment securing a Note in
the original principal amount
of $240,000.00, the holder
thereof pursuant to said Deed
and Note thereby secured has
declared the entire amount of
said indebtedness due and
payable and, pursuant to the
power of sale contained in said
Deed, will on the first Tuesday,
December 2, 2008, during the
legal hours of sale, before
the Courthouse door in said
County, sell at public outcry
to the highest bidder 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, designat
ed 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 surveyor, 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 (including 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 accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
The sale will be conducted
subject (1) to confirmation 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 attorney’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 prop
erty, to the best information,
knowledge and belief of the
undersigned, being presently
in the possession of Linda
Cline and Michael Cline, and
the proceeds of said sale will
be applied to the payment of
said indebtedness and all the
expenses of said sale, includ
ing attorney’s fees, all as pro
vided in said Deed, and the
balance, if any, will be distrib
uted 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 indebtedness
secured by a Security Deed exe
cuted by JERRY C. STEVER
to 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, transferred and con
veyed to Wells Fargo Bank,
N.A., by Assignment securing
a Note in the original prin
cipal amount of $80,260.00,
the holder thereof pursuant to
said Deed and Note there
by secured has declared the
entire amount of said indebt
edness due and payable and,
pursuant to the power of sale
contained in said Deed, will on
the first Tuesday, December 2,
2008, during the legal hours of
sale, before the Courthouse
door in said County, sell at
public outcry to the highest
bidder 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 (including 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 accu
rate survey and inspection of
the property, any assessments,
liens, encumbrances, zoning
ordinances, restrictions, cov
enants, and matters of record
superior to the Security Deed
first set out above.
The sale will be conducted
subject (1) to confirmation 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 attorney’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 infor
mation, knowledge 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 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 contained 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, conveying the after-
described property 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 following described prop
erty:
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 indebtedness as and when
due and in the manner pro
vided 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
attorneys 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 mat
ters which might be disclosed
by an accurate survey and
inspection of the property, any
assessments, liens, encum
brances, 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:
Flagstar Bank, F.S.B., 5151
Corporate Drive, Troy, Ml
48098, 800-945-7700. Please
understand that the secured
creditor is not required by law
to negotiate, amend, or mod
ify the terms of the mortgage
instrument.
To the best knowledge and
belief of the undersigned, the
party in possession 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 conducted
subject (1) to confirmation 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 prepared 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 property
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)
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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 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 secur
ing a note in the original prin
cipal 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
outcry to the highest bidder for
cash before the Courthouse at
Banks County, Georgia with
in 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 pay
ments of said indebtedness.
The indebtedness 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 pay
able), 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 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 IS ACT
ING AS A DEBT COLLEC
TOR ANY INFORMATION
OBTAINED WILL BE
USED FOR THAT PUR
POSE.
(NV6,13,20,27P4)
Mail legals to:
The Banks County
News
P.O. Box 908
Jefferson, GA 30549
or Email to: legals@
mainstreetnews.com
TOLBERTlfi BRADFORD
Attorneys at law
STOP Foreclosures
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Athens • 706-549-8545 • 320 E. Clayton Street, Suite 514 • Athens, GA 30601
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