Newspaper Page Text
PAGE10A
THE BANKS COUNTY NEWS
THURSDAY, DECEMBER 11, 2008
Central Drive, Houston,
EX 77081, 1-800-807-
3590. Please under
stand that the secured
sreditor is not required by
aw to negotiate, amend,
Dr modify the terms of the
mortgage instrument.
To the best knowl-
3dge and belief of the
jndersigned, the party in
Dossession of the prop-
erty is Kenneth L. Hulsey
Dr a tenant or tenants
and said property is
more commonly known
as 198 Banks Ridge
Drive, Baldwin, Georgia
30511.
The sale will be con
ducted subject (1) to con-
Irmation that the sale is
not prohibited under the
J.S. Bankruptcy Code
and (2) to final confir
mation and audit of the
status of the loan with
:he holder of the security
deed.
The Bank of New York
Vlellon Trust Company,
M.A. f/k/a The Bank of
Mew York National Trust
Company, N.A., as
successor-in-interest to
JPMorgan Chase Bank,
Mational Association,
as trustee - SURF-BC4
as Attorney in Fact for
Kenneth L. Hulsey
McCalla Raymer, LLC
1544 Old Alabama
Road
Roswell, Georgia
30076
www.foreclosure-
iotline.net
MR/vb1 1/6/09
Our file no. 51916008-
-T12
EXHIBIT A
All that tract or parcel
Df land situate lying and
Deing in Land Lots 187,
5, and 202 of The 10th
.and District of Banks
bounty, Georgia, contain-
ng 1.18 acres, more or
ess, and being known
and designated as Lot
3 on Plat of survey for
Banks Ridge Phase One,
Dy Lovell, Duvall, Miller
and associates, Inc.,
dated December 3, 1998
•ecorded in Plat Book 23,
D age 191 of The Banks
Bounty Plat Records
/vhich Plat of survey is
ncorporated herein by
•eference as a part of this
description.
(DCll, 18,25JA1B/12062-70T1P)
Gpn11
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
By virtue of the power
Df sale contained in
:hat certain Georgia
Security Deed & Security
\greement from DREAM
RIVER INVESTMENTS,
NC. to BRANCH
3ANKING & TRUST
BOMPANY, dated June
10, 2004, and recorded in
DeedBook239,Page267,
3anks County, Georgia
Records (hereinafter
•eferred to as “Deed to
Secure Debt”), said Deed
:o Secure Debt secur-
ng a Promissory Note
“‘Note”) in the original
Drincipal sum of FORTY
SEVEN THOUSAND
\ND 00/100 DOLLARS
'$47,000.00), with inter
est from said date at the
•ate stated in said Note
Dn the unpaid balance
until paid, there will be
sold by the undersigned
at public outcry to the
aighest bidder for cash
Defore the Courthouse at
3anks County, Georgia,
A/ithin the legal hours of
sale on Tuesday, January
3, 2009, the property
described on Exhibit
‘A” attached hereto and
ncorporated herein by
•eference. 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 payments 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 out
standing ad valorem
taxes (including taxes
which are a lien, but not
yet due and payable),
any matters which might
be disclosed by an accu
rate survey and inspec
tion of the property, any
assessments, liens,
encumbrances, zoning
ordinances, restrictions,
easements, covenants,
and matters of record
superior to the Deeds
to Secure Debt first set
out above, including, but
not necessarily limited
to, senior encumbranc
es that will not be extin
guished by the foreclo
sure 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 ten
ants, 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 loca
tion 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 par
ticularly shown and delin
eated on a plat of sur
vey 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.
(DC11,18,25JA1P4)
Gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue
of the Power of Sale
contained in a Deed to
Secure Debt given by
JONATHAN S. LYNTON
to GEORGIA BUSINESS
CAPITAL, INC., dated
January 30, 2008,
and recorded in Deed
Book 320, Page 248,
Banks County, Georgia
Records, conveying the
after-described proper
ty to secure a Note of
even date in the origi
nal principal amount of
$80,500.00, with inter
est at the rate specified
therein, there will be sold
by the undersigned at
public outcry to the high
est bidder for cash before
the Courthouse door of
Banks County, Georgia,
within the legal hours of
sale on the first Tuesday
in January, 2009, to wit:
January 6, 2009, the fol
lowing described prop
erty:
All that tract or parcel
of land lying and being
in G.M.D. 371 of Banks
County, Georgia, consist
ing of 2.60 acres, and
being more fully shown as
Tract #12, of Crystal Lake
on a plat of survey dated
April 14, 1985, revised
May 14, 1985, prepared
by Albert M. Wynn, Jr.,
Registered Surveyor.
Said plat is recorded in
the Office of the Clerk of
Superior Court of Banks
County, Georgia, in Plat
Book 10, Page 165. Said
plat is hereby incorpo
rated herein by reference
and made a part of the
property description.
This conveyeance
is made subject to
Declaration of Covenants
and Restrictions record
ed in the Office of the
Clerk of Superior Court of
Banks County, Georgia,
in Deed Book 37, Pages
732-734.
For information purpos
es only:
Map/Parcel ID Number:
B57E-022
The debt secured by
said Deed to Secure Debt
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 provided
in the Note and Deed to
Secure Debt. 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 the Deed to Secure
Debt and by law, includ
ing attorney’s fees (notice
of intent to collect attor
ney’s fees having been
given).
To the best knowledge
and belief of the under
signed, the party (or par
ties) in possession of the
subject property known
as 340 Lakeview Drive,
Baldwin, GA 30511 is
(are): Jonathan S. Lynton
or tenant or tenants.
Said property will be
sold subject to (a) any
outstanding ad valorem
taxes (including taxes
which are a lien, but not
yet due and payable), (b)
any matters which might
be disclosed by an accu
rate survey and inspec
tion of the property, and
(c) all matters of record
superior to the Deed to
Secure Debt first set out
above, including, but not
limited to, assessments,
liens, encumbrances,
zoning ordinances, ease
ments, restrictions, cov
enants, etc.
The sale will be con
ducted subject to (1) con
firmation that the sale is
not prohibited under the
U.S. Bankruptcy Code;
(2) O.C.G.A. Section
9-13-172.1; and (3) final
confirmation and audit of
the status of the loan with
the holder of the security
deed.
Pursuant to O.C.G.A.
Section 9-13-172.1,
which allows for certain
procedures regarding
the rescission of judicial
and nonjudicial sales in
the State of Georgia, the
Deed Under Power and
other foreclosure docu
ments may not be provid
ed until final confirmation
and audit of the status of
the loan as provided in
the preceding paragraph.
Georgia Business
Capital, Inc. as attorney
in fact for Jonathan S.
Lynton
Richard B. Maner, P.C.
5775 Glenridge Drive
Building D, Suite 100
Atlanta, GA 30328
(404)252-6385
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.
FC08-1009
(DCll, 18,25JA1P4)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
THIS IS AN ATTEMPT
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 RANDY
L. FARRINGTON
and PATRICIA M.
FARRINGTON to NEW
CENTURY MORTGAGE
CORPORATION dated
September 24, 2001,
recorded in Deed
Book 179, Page 341,
Banks County, Georgia
Records, as last trans
ferred to U.S. Bank N.A.,
in its capacity as Trustee
for the registered hold
ers of Morgan Stanley
Dean Witter Capital I
Inc. Trust 2001-NC3,
Mortgage Pass-Through
Certificates, Series 2001-
NC3 by assignment to be
recorded at Banks County
Georgia Records convey
ing the after-described
property to secure a Note
in the original principal
amount of SEVENTY
FIVE THOUSAND SIX
HUNDRED FIFTY AND
NO/100 DOLLARS
($75,650.00) with interest
thereon as set forth there
in, there will be sold at
public outcry to the high
est bidder for cash before
the Courthouse door of
Banks County, Georgia,
within the legal hours of
sale on the first Tuesday
in January, 2009, the fol
lowing 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 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, includ
ing attorney’s fees (notice
of intent to collect attor
ney’s fees having been
given).
Said property will be
sold subject to any out
standing ad valorem
taxes (including taxes
which are a lien, but not
yet due and payable),
any matters which might
be disclosed by an accu
rate survey and inspec
tion 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: Ocwen
Loan Servicing LLC,
12650 Ingenuity Drive,
Orlando, FL 32826, 877-
596-8580. 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
Randy L. Farrington and
Patricia M. Farrington or
a tenant or tenants and
said property is more
commonly known as 392
Mountain Creek Lane,
Maysville, GA 30558.
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 confir
mation and audit of the
status of the loan with
the holder of the security
deed.
U.S. Bank N.A., in
its capacity as Trustee
for the registered hold
ers of Morgan Stanley
Dean Witter Capital I
Inc. Trust 2001-NC3,
Mortgage Pass-Through
Certificates, Series 2001-
NC3asAttorneyin Factfor
Randy L. Farrington and
Patricia M. Farrington
McCalla Raymer, LLC
Attn: Ocwen Team
Six Concourse
Parkway,
Suite 3200
Atlanta, GA 30328
dkk / 11/07/2008
Our File#
GA01FNO081000017
EXHIBIT “A”
All that tract or parcel
of land lying and being
in the Anderson (465th)
G.M.D., in Banks County,
Georgia, containing 1.00
acre, as more fully shown
and described on plat of
survey dated January 19,
1994, prepared by Max
Lewallen, Registered
Surveyor, Georgia #2067,
for Patricia M. Farrington,
recorded in the Office
of the Clerk of Superior
Court, Banks County,
Georgia Records, in
Plat Book 19, Page 24.
Said plat is incorporated
herein by reference for a
more detailed description
of said property.
Also, grantor herein
conveys to grantees,
and their heirs, suc
cessors and assigns a
non-exclusive easement
for ingress-egress over
and across an existing
driveway passing over
and across adjoining
property of Brown; sub
ject to a similar right of
ingress reserved in favor
of grantor, her heirs, suc
cessors and assigns for
the use of said existing
driveway. Said easement
is more fully shown and
described on the above
referenced Plat of Survey
to which reference is
made for a more particu
lar description.
(DCll, 18,25, JAB/18550-70T1P)
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 JUDY
BROOKSHIRE to
ALLIANCE FUNDING a
Division of Superior Bank
FSB, dated February 16,
2000, recorded in Deed
Book 153, Page 40,
Banks County, Georgia
Records, as last trans
ferred to LaSalle Bank
National Association, for
merly known as LaSalle
National Bank, in its
capacity as indenture
trustee under that cer
tain Sale and Servicing
Agreement dated March
1, 2000, among AFC
Trust Series 2000-1, as
Issuer, Superior Bank
FSB by assignment to
be recorded in the Office
of the Clerk of Superior
Court of Banks County,
Georgia Records, con
veying the after-described
property to secure a Note
in the original principal
amount of SEVENTY
THOUSAND AND 0/100
DOLLARS ($70,000.00),
with interest thereon as
set forth therein, there
will be sold at public out
cry to the highest bid
der for cash before the
Courthouse door of
Banks County, Georgia,
within the legal hours of
sale on the first Tuesday
in January, 2009, the fol
lowing 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 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, includ
ing attorneys fees (notice
of intent to collect attor
neys fees having been
given).
Said property will be
sold subject to any out
standing ad valorem
taxes (including taxes
which are a lien, but not
yet due and payable),
any matters which might
be disclosed by an accu
rate survey and inspec
tion 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: EMC
Mortgage Corporation,
800 State Highway 121
Bypass, Lewisville, TX
75067, 1-888-577-4011.
Please understand that
the secured creditor is
not required by law to
negotiate, amend, or
modify the terms of the
mortgage instrument.
To the best knowledge
continued on following page