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.
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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
