About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (Dec. 28, 2011)
PACE 6B THE BANKS COUNTY NEWS WEDNESDAY, DECEMBER 28, 2011 MainStreet Newspapers will no longer make corrections to punctuation, upper/ lower corrections (i.e.: street names, person’s names and initials), and other minor corrections to public notices that are e-mailed to us. The foreclosure will publish in the paper exactly as received from the foreclosing agency. gpnll Notice of Sale Notice of Sale Under Power Banks County, Georgia Under and by virtue of the Power of Sale contained in that certain Security Deed given by CECIL M. SMITH (the “Grantor”), to REGIONS BANK, N.A. (“Lender”), dated November 22, 2002 and recorded December 9, 2002 in Deed Book 203, Page 813, Banks County, Georgia official records (the “Security Deed”), conveying the property described below to secure repayment of that certain Promissory Note dated November 19, 2007, payable by Cecil M. Smith and Nancy A. Smith to Lender in the principal amount of $456,961.66, together with interest thereon as set forth therein (including any amend ment, extension, modification, and renewal, the “Secured Indebtedness”), 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 January 2012 (being January 3, 2012) the following described property located in Banks County, Georgia, together with all improvements, personalty, fixtures, easements, here ditaments, rights, members, and appurtenances located thereon and described in the Security Deed (collectively, the “Property”): All that tract or parcel of land lying and being in the 1464th G.M.D., Banks County, Georgia, containing 27.96 acres, more or less, as per plat of survey prepared for Darren T Queen and Dawn M. Queen by Jimmy D. Bullock & Associates, Land Surveying Service, Georgia Registered Surveyor, dated November 22, 1996, and recorded in the Office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book B, page 48. Said plat, as recorded, is hereby referenced for a more detailed description of said property. Subject to existing easements for public roads and utilities now in use. The above-described prop erty is commonly known as 334 Queen Road, Gillsville, GA 30543 according to the present system of property mapping in Banks County, Georgia. The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provid ed in the instruments evidenc ing the Secured Indebtedness and Security Deed. As the Secured Indebtedness remains in default, the sale will be made for purposes of paying the same and all expenses of this sale, as pro vided in the Security Deed and by law, including attor ney’s fees (written notice of intent to collect attorney’s 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. To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through them. Regions Bank, N.A. Attorney-in-Fact and Agent for Cecil M. Smith Erich N. Durlacher Burr & Forman LLP 171 Seventeenth Street, N.W., Suite 1100 Atlanta, Georgia 30363 Email: edurlach@burr.com Phone: (404)815-3000 Facsimile: (404)214-7387 THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY IN FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (DC7,14,21,28P4) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County Under and by virtue of the power of sale contained in the Deed to Secure Debt from JOSEPH CLYDE PENICK, JR., to COMMUNITY BANK AND TRUST dated February 22, 2007, recorded March 1, 2007, in Deed Book 300, Pages373-375, BanksCounty, Georgia, deed records, held by Southern Financial Group, LLC, a Texas limited liabil ity company, pursuant to that Assignment of Deed to Secure Debt from Federal Deposit Insurance Corporation, as Receiver for Community Bank and Trust, as Assignor to Southern Financial Group, LLC, Assignee, effective December 21, 2010, record ed March 28, 2011, in Deed Book 361, Pages 608-609, Banks County, Georgia, deed records, the undersigned will sell at public outcry to the high est bidder for cash before the Courthouse door in BANKS COUNTY, GEORGIA, during the legal hours of sale on the first Tuesday in January, 2012, by Southern Financial Group, LLC as Assignee above, as Attorney-in-Fact for Joseph Clyde Penick, Jr., the follow ing described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 1580TH G. M. D. of Banks County, Georgia, and being desig nated as Tract 1, containing 0.94 acre, more or less, and Tract 2, containing 0.17 acre, more or less, as shown on plat of survey prepared by Hubert Lovell, R. S., dated June 23, 1993 and record ed among Banks County, Georgia Records in Plat Book 31, Page 24, said plat being incorporated herein by refer ence for a more complete description. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebted ness, among other possible events of default, this sale will be made for the purpose of paying the same and all expenses of sale, including attorney’s fees (notice hav ing been given as required by law). The property will be sold subject to the following: (1) All prior restrictive cov enants, easements, rights- of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate sur vey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sew age bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) mat ters of record superior to the Deed to Secure Debt first set out above. To the best of the under signed’s knowledge and belief, the party in possession is Joseph Clyde Penick, Jr., or a tenant or tenants. The sale will be conducted subject to (1) confirmation 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 Deed to Secure Debt. The individual at Southern Financial Group, LLC who has full authority to negotiate, amend and modify all terms of the deed to secure debt with the debtor is Peter Thyen, Southern Financial Group, LLC, 900 Austin Avenue, Suite 1101, Waco, Texas, 76701, Phone (254) 756-4411, ext: 415, Fax (254)756-0050. Southern Financial Group, LLC, as Attorney-in-Fact for Joseph Clyde Penick, Jr. This law firm is acting as a debt collector attempt ing to collect a debt: anv information obtained will be used for that purpose. Winslow H. Verdery, Jr., LLC Post Office Box 1556 Cornelia, Georgia 30531 (706)778-1800 (DC7,14,21,28/P4) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks and Habersham Counties Under and by virtue of the power of sale contained in the Warranty Deed to Secure Debt with Power of Sale from JOSEPH C. PENICK, JR., to COMMUNITY BANK AND TRUST dated September 3, 2002, recorded September 5, 2002, in Deed Book 198, Pages 367-369, BanksCounty, Georgia, deed records, held by Southern Financial Group, LLC, a Texas limited liabil ity company, pursuant to that Assignment of Warranty Deed to Secure Debt with Power of Sale from Federal Deposit Insurance Corporation, as Receiver for Community Bank and Trust, as Assignor to Southern Financial Group, LLC, Assignee, effective December 21, 2010, record ed March 28, 2011, in Deed Book 361, Pages 614-615, Banks County, Georgia, deed records, the undersigned will sell at public outcry to the high est bidder for cash before the Courthouse door in BANKS COUNTY, GEORGIA, during the legal hours of sale on the first Tuesday in January, 2012, by Southern Financial Group, LLC as Assignee above, as Attorney-in-Fact for Joseph C. Penick, Jr., the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN Banks and Habersham Counties, and being designated as a por tion of Lot 4, Block 26, of the City of Baldwin, contain ing .20 acre, more or less, as shown on plat of survey prepared by Jeff Weshner, RLS, dated May 1, 1989 and recorded among Banks County, Georgia Records in Plat Book 26, Page 177, and among Habersham County, Georgia Records in Plat Book 52, Page 228, said plat being incorporated herein by refer ence for a more complete description. The indebtedness secured by said Warranty Deed to Secure Debt with Power of Sale having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the pur pose of paying the same and all expenses of sale, including attorney’s fees (notice having been given as required by law). The property will be sold subject to the following: (1) All prior restrictive cov enants, easements, rights- of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate sur vey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sew age bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Warranty Deed to Secure Debt with Power of Sale first set out above. To the best of the under signed’s knowledge and belief, the party in possession is Joseph C. Penick, Jr., or a tenant or tenants. The sale will be conducted subject to (1) confirmation 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 Warranty Deed to Secure Debt with Power of Sale. The individual at Southern Financial Group, LLC who has full authority to negotiate, amend and modify all terms of the Warranty Deed to Secure Debt with Power of Sale with the debtor is Peter Thyen, Southern Financial Group, LLC, 900 Austin Avenue, Suite 1101, Waco, Texas, 76701, Phone (254) 756-4411, ext: 415, Fax (254)756-0050. Southern Financial Group, LLC, as Attorney-in-Fact for Joseph C. Penick, Jr. This law firm is acting as a debt collector attempt ing to collect a debt: anv information obtained will be used for that purpose. Winslow H. Verdery, Jr., LLC Post Office Box 1556 Cornelia, Georgia 30531 (706)778-1800 (DC7,14,21,28/P4) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks and Habersham Counties Under and by virtue of the power of sale contained in the Warranty Deed to Secure Debt with Power of Sale from JOEY PENICK, to COMMUNITY BANK AND TRUST dated January 31, 2002, recorded March 23, 2011, in Deed Book 361, Pages 458-460, Banks County, Georgia, deed records, held by Southern Financial Group, LLC, a Texas limited liabil ity company, pursuant to that Assignment of Warranty Deed to Secure Debt with Power of Sale from Federal Deposit Insurance Corporation, as Receiver for Community Bank and Trust, as Assignor to Southern Financial Group, LLC, Assignee, effective December 21, 2010, record ed March 28, 2011, in Deed Book 361, Pages 616-617, Banks County, Georgia, deed records, the undersigned will sell at public outcry to the high est bidder for cash before the Courthouse door in BANKS COUNTY, GEORGIA, during the legal hours of sale on the first Tuesday in January, 2012, by Southern Financial Group, LLC as Assignee above, as Attorney-in-Fact for Joey Penick, the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN Banks County, formerly lying and being in Habersham and Banks Counties, and being in the Town of Baldwin, Georgia and being all of Lot Number 3 and a portion of Lot Number 2 and a portion of Lot Number 4 in Block 26 of said Town and being more fully described as follows: BEGINNING at an iron pin on the Southerly mar gin of the right-of-way of U. S. Highway 23 and common to the lands now or formerly owned by Billy Chandler, said iron pin being located North 45 degrees 00 minutes East 25 feet from the point where Lots 3 and 4 intersect the Northerly margin of the right- of-way of U. S. Highway 23; thence South 45 degrees 00 minutes East 127.5 feet to an iron pin on Park Avenue; thence along and with Park Avenue South 3 degrees 00 minutes West 33.8 feet to an iron pin common to Lot Number 5; thence South 45 degrees 00 minutes West 75 feet to a point; thence North 45 degrees 00 minutes West 150 feet to a point on U. S. Highway Number 23; thence along and with U. S. Highway 23 North 45 degrees 00 min utes East 100 feet to an iron pin, the Point of Beginning. The indebtedness secured by said Warranty Deed to Secure Debt with Power of Sale having been declared due and payable because of default in the payment of said indebtedness, among other possible events of default, this sale will be made for the pur pose of paying the same and all expenses of sale, including attorney’s fees (notice having been given as required by law). The property will be sold subject to the following: (1) All prior restrictive cov enants, easements, rights- of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate sur vey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sew age bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the Warranty Deed to Secure Debt with Power of Sale first set out above. To the best of the under signed’s knowledge and belief, the party in possession is Joey Penick, or a tenant or tenants. The sale will be conducted subject to (1) confirmation 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 Warranty Deed to Secure Debt with Power of Sale. The individual at Southern Financial Group, LLC who has full authority to negotiate, amend and modify all terms of the Warranty Deed to Secure Debt with Power of Sale with the debtor is Peter Thyen, Southern Financial Group, LLC, 900 Austin Avenue, Suite 1101, Waco, Texas, 76701, Phone (254) 756-4411, ext: 415, Fax (254)756-0050. Southern Financial Group, LLC, as Attorney-in-Fact for Joey Penick This law firm is acting as a debt collector attempt ing to collect a debt: anv information obtained will be used for that purpose. Winslow H. Verdery, Jr., LLC Post Office Box 1556 Cornelia, Georgia 30531 (706)778-1800 (DC7,14,21,28/P4) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County Pursuant to the Power of Sale contained in a Security Deed given by Clyde L. Chastain and Mary Elizabeth Chastain to Option One Mortgage Corporation dated 11/29/2005 and recorded in Deed Book 271 Page 644, Banks County, Georgia records; as last transferred to HSBC Bank USA, National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass- Through Certificates, Series 2007-SHL1 by Assignment filed for record in Banks County, Georgia records, conveying the after-described property to secure a Note in the original principal amount of $ 179,930.00, with interest at the rate specified there in, there will be sold by the undersigned 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 January, 2012 (January 3, 2012), the follow ing described property: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 1.196 acres, more or less, designated as Lot 14, on a final plat of survey for Morgan Manor prepared by Landmark Engineering Corporation, Registered Surveyor, dated August 7, 2004, recorded in Plat Book E, Page 82, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incor porated herein and made a part hereof by reference for a more detailed description. ALSO: 60 foot ingress- egress along the right of way of Manor Drive and Manor Place as more particularly shown on plat of survey refer enced herein above. Subject to Protective Covenants for Morgan Manor Subdivision recorded in Deed Book 260, Page 108, Banks County, Georgia Records. The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible 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 remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in the Security Deed and by law, including attor ney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 148 Manor Place, Commerce, Georgia 30530 together with all fixtures and personal property attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Clyde L. Chastain and Mary Elizabeth Chastain or tenant or tenants. Said property will be sold subject to: (a) any outstand ing ad valorem taxes (includ ing taxes which are a lien, but not yet due and payable), (b) the right of redemption of any taxing authority, (c) any matters which might be dis closed by an accurate survey and inspection of the proper ty, and (d) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirma tion 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 pro cedures regarding the rescis sion of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. HSBC Bank USA, National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass- Through Certificates, Series 2007-SHL1 as agent and Attorney in Fact for Clyde L. Chastain and Mary Elizabeth Chastain Aldridge Connors, LLP, 780 Johnson Ferry Road, NE, Suite 600, Atlanta, Georgia 30342, (678) 894-3400. THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1002-2219 (DC7,14,21,28B/20029-60) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Dwight L. McQuillen to Mortgage Electronic Registration Systems, Inc. in the original principal amount of $120,870.00 dated 09/11/2007, and recorded in Deed Book 312, page 477, Banks County records, said Security Deed being last transferred and assigned to Bank of America, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the Courthouse door in said County, during the legal hours of sale, on the first Tuesday of January, 2012 by Bank of America, N.A., as Attorney-in-Fact for Dwight L. McQuillen the fol lowing described property: All that tract or parcel of land lying and being in the City of Maysville, GMD 465 of Banks County, Georgia, being designated as Lot 29, Block A of Ridgeland Subdivision, according to that Final Plat for Ridgeland prepared by W.T. Dunahoo and Associates, certified by W.T. Dunahoo, GA RLS 1577, dated October 12, 2005 and recorded in Plat Book F, Page 104, Banks County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete descrip tion of the property conveyed herein. This being the same prop erty as described in Warranty Deed recorded in Deed Book 312, Page 475, Banks County, Georgia Records, and Warranty Deed record ed in Deed Book 312, Page 476, Banks County, Georgia Records. Property known as: 149 Ridgeland Court, Maysville, GA 30558 The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebt edness secured thereby, this sale will be made for the pur poses of paying the same and all expenses of sale, including attorney’s fees, (notice hav ing been given as provided by law). The property will be sold as the property of The Aforesaid Grantors subject to the fol lowing: (1) all prior restrictive cov enants, easements, rights- of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate sur vey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sew- continued on following page
