About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (Dec. 28, 2011)
WEDNESDAY, DECEMBER 28, 2011 THE BANKS COUNTY NEWS PACE 7B 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 security deed first set out above. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to nego tiate, amend, or modify the terms of the aforementioned indebtedness is: Bank of America, N.A. Attn: Loss Mitigation, P. O. Box 5170, MS SV314B Simi Valley, CA 93065 PHONE: 800-669-6650 Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness. To the best of the under signed’s knowledge and belief, the party in possession is Dwight L. McQuillen. Bank of America, N.A., as Attorney-in-fact for Dwight L. McQuillen. This law firm is acting as a debt collector attempting to collect a debt, any informa tion obtained will be used for that purpose. Pendergast & Associates, PC. South Terraces, Suite 1000 115 Perimeter Center Place Atlanta, GA 30346 Phone - (770) 392-0398 Toll Free - (866) 999-7088 www.penderlaw.com Our File No. 10-06189 (DC7,14,21,28B/224-60P) 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 Roy P. Rogers to Mortgage Electronic Registration Systems, Inc. in the original princi pal amount of $137,582.00 dated 05/07/2007, and recorded in Deed Book 305, page 318, Banks County records, said Security Deed being last transferred and assigned to THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2007-8, the under signed will sell at public out cry 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 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2007-8, as Attorney- in-Fact for Roy P. Rogers the following described property: All that tract or parcel of land lying and being in the 912 G.M.D. of Banks County, Georgia, consisting of 7.69 acres, more or less, as depict ed upon that plat of survey for D.W. Rogers Estate by David L. Ringo, S.R. No. 2250 and dated December 20, 2000. Said plat, recorded in Plat Book 26, Page 48, in the Office of the Clerk of the Superior Court of Banks County, Georgia, and the description thereon is refer enced herein for a more com plete legal description. Property known as: 376 Antioch Rd, Lula, GA 30554 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 dis closed by an accurate sur vey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage 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 security deed first set out above. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to nego tiate, amend, or modify the terms of the aforementioned indebtedness is: Bank of America, N.A. Attn: Loss Mitigation, P. O. Box 5170, MS SV314B Simi Valley, CA 93065 PHONE: 800-669-6650 Nothing contained in this Notice of Sale shall obligate Lender to negotiate, amend or modify said indebtedness. To the best of the under signed’s knowledge and belief, the party in possession is Roy P. Rogers. THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2007-8, as Attorney- in-fact for Roy P. Rogers. This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose. Pendergast & Associates, PC. South Terraces, Suite 1000 115 Perimeter Center Place Atlanta, GA 30346 Phone - (770) 392-0398 Toll Free - (866) 999-7088 www.penderlaw.com Our File No. 11-09080 (DC7,14,21,28B/224-60P) 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 Security Deed (“Security Deed”) executed by Ronny L. Knight and Teresa D. Knight in favor of Community Bank & Trust dated August 30, 2007, and recorded at Deed Book 311, Pages 850-854 of the Banks County, Georgia Deed Records as assigned pursuant to that Transfer and Assignment of Deed to Secure Debt from Federal Deposit Insurance Corporation as receiver for Community Bank & Trust to SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Banks County, Georgia, dur ing the legal hours of sale, on the first Tuesday in January, 2012, that being January 3, 2012, the following described property: All that tract or parcel of land, lying and being in the 207th GMD, Banks County, Georgia, being Lot 11C , Hudson River Estates Subdivision as per plat recorded in Plat Book 28, Page 9 of the Banks County Deed Records, which plat is incorporated herein by ref erence for a more complete description of said property. Subject to all zoning ordi nances, easement and restric tions of record affecting said bargained premises. The debt secured by said Security Deed is primarily evi denced by a Real Property Secured Note, dated April 8, 2008, in the original principal amount of $153,750.66, pay able from the date thereof shown on said Real Property Secured Note on the unpaid balance and interest until paid. The Real Property Secured Note referred to in this para graph shall hereinafter be referred to as “the Note” efault has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of install ments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms. The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Ronny L. Knight and Teresa D. Knight, the proceeds to be applied to the payment of said indebtedness, and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed refer enced above. An Order of Dismissal dated November 17, 2011 has been entered in the Ronny Knight and Teresa Knight Chapter 13 Bankruptcy Case No. 11-23707-reb, U.S. Bankruptcy Court, Northern District of Georgia, Gainesville Division. To the best of the under signed’s knowledge and belief, the property is in the pos session of Ronny L. Knight and Teresa D. Knight and will be sold as the property of Ronny L. Knight and Teresa D. Knight. The undersigned will exe cute a deed to the purchaser as authorized in the afore mentioned Security Deed. Ronny L. Knight and Teresa D. Knight By SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-Fact Paul B. Smart Hulsey, Oliver & Mahar, LLP P. O. Box 1457 Gainesville, GA 30503 (770) 532-6312 PBS/jld/279/8797/W136603 (DC7,14,21,28B/417-60T) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale contained in that certain Security Deed from Alverine Witter to Branch Banking and Trust Company, dated January 24, 2007, recorded February 18, 2007, in Deed Book 299, Page 227, Banks County, Georgia Records, and as rerecorded in Deed Book 315, Page 426, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ANDNOCENTS($67,500.00), with interest thereon as pro vided for 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 January 2012, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 448TH GENERAL MILITIA DISTRICT OF BANKS COUNTY, CITY OF BALDWIN, GEORGIA, BEING SHOWN AND DESIGNATED AS LOT 13, PHASE 5 OF THE APPLE PIE RIDGE SUBDIVISION, CONTAINING 0.775 ACRES, MORE OR LESS ON A PLAT OF SURVEY PREPARED BY EDWIN G. DAVIDSON, R.L.S., UNDER DATE OF JUNE 7, 2005, RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF BANKS COUNTY, GEORGIA, IN PLAT BOOK E, PAGES 142-145, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR A MORE COMPLETE DESCRIPTION. TOGETHER WITH A PERMANENT NON EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS TO AND FROM THE ABOVE DESCRIBED PROPERTY VIA THE COURSE OF THE EXISTING SUBDIVISION ROADS, AS SHOWN ON THE PLAT OF SURVEY REFERRED TO ABOVE. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attor neys’ fees and all other pay ments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordi nances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstand ing taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assess ments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, ease ments, rights-of-way and any other matters of record supe rior to said Security Deed. To the best of the knowl edge and belief of the under signed, the party in posses sion of the property is Alverine Witter or tenant(s). 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, Branch Banking and Trust Company as Attorney in Fact for Alverine Witter. Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (DC7,14,21,28P4) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale contained in that cer tain Security Deed from Barry A. Kerr and Angella H. Kerr to Branch Banking and Trust Company, dated January 30, 2007, recorded February 20, 2007, in Deed Book 299, Page 453, Banks County, Georgia Records, and as rerecorded in Deed Book 316, Page 170, Banks County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of FORTY- NINE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($49,500.00), with interest thereon as pro vided for 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 January 2012, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 448TH GENERAL MILITIA DISTRICT OF BANKS COUNTY, CITY OF BALDWIN, GEORGIA, BEING SHOWN AND DESIGNATED AS LOT 7, PHASE 5 OF THE APPLE PIE RIDGE SUBDIVISION, CONTAINING 0.788 ACRE, MORE OR LESS ON A PLAT OF SURVEY PREPARED BY EDWIN G. DAVIDSON, R.L.S., UNDER DATE OF JUNE 7, 2005, RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF BANKS COUNTY, GEORGIA, IN PLAT BOOK E, PAGES 142-145, TO WHICH SAID PLAT AND THE RECORD THEREOF, REFERENCE IS HEREBYMADE FORAMORE COMPLETE DESCRIPTION. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attor neys’ fees and all other pay ments provided for under the terms of the Security Deed and Note. Said property will be sold subject to the follow ing items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive cov enants, easements, rights-of- way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Barry A. Kerr and Angella H. Kerr or tenant(s). 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, Branch Banking and Trust Company as Attorney in Fact for Barry A. Kerr and Angella H. Kerr. Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (DC7,14,21,28P4) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of a Power of Sale contained in that cer tain Security Deed from John J. Anderson a/k/a John Jason Anderson to Branch Banking and Trust Company of South Carolina, dated December 30, 2003, recorded January 2, 2004, in Deed Book 228, Page 895, Banks County, Georgia Records, and as modified, said Security Deed having been given to secure a Note of even date in the princi pal amount of SEVENTY-FIVE THOUSAND DOLLARS AND NO CENTS ($75,000.00), with interest thereon as pro vided for 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 January 2012, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE CITY OF HOMER, GMD 265, BANKS COUNTY, GEORGIA, AND BEINGTRACT3,3.80ACRES, AS SHOWN ON THAT PLAT OF SURVEY FOR LARRY L. CAGLE, PREPARED BY SLATE & ASSOCIATES, INC., GEORGIA REGISTERED LAND SURVEYOR, DATED DECEMBER 2, 1999, REVISED JANUARY 25, 2000 RECORDED IN PLAT BOOK C, PAGE 58, OF THE BANKS COUNTY, GEORGIA PLAT RECORDS. SAID PLAT IS INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION OF THE PROPERTY. TOGETHER WITH A DOUBLEWIDE MANUFACTURED HOME WHICH IS PERMANENTLY AFFIXED TO THE PROPERTY, BEING A 1996 PEACH-STATE, PEACH MODEL, BEARING MANUFACTURERS ID NO. PSHGA18820A AND PSHGA18820B. Said property being known as 137 Dusty Creek Lane, Homer, GA 30547 accord ing to the present numbering system in Banks County. The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebted ness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments pro vided for under the terms of the Security Deed and Note. Said property will be sold subject to the following items which may affect the title to said property: all zoning ordi nances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstand ing taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assess ments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, ease ments, rights-of-way and any other matters of record supe rior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is Quality Spaces, LLC or tenant(s). 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, Branch Banking and Trust Company sbm Branch Banking and Trust Company of South Carolina as Attorney in Fact for John J. Anderson a/k/a John Jason Anderson. Contact: The Geheren Firm, P.C., 1535 Mount Vernon Road, Atlanta, GA 30338 TEL (678) 587-9500. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION 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 a Security Deed from MITCHELL MORROW to United Community Bank, dated February 17, 2011, recorded March 9, 2011, in Deed Book 361, Page 69, Banks County, Georgia records, as transferred to WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE OF THE OF SOUTHEAST TRUST 2011-1 by Transfer and Assignment recorded in Deed Book 363, Page 29 and re-recorded in Deed Book 364, Page 765, Banks County, Georgia records, said Security Deed being given to secure a Note from MITCHELL MORROW of even date in the original prin cipal amount of One Hundred Six Thousand Six Hundred Six and 50/100 ($106,606.50) Dollars, with interestfrom date at a rate per cent per annum 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 door at Banks County, Georgia, within the legal hours of sale on the first Tuesday in January, 2012, the following described property: All that tract or parcel of land lying and being in the City of Maysville, 465th District, G.M., Banks County, Georgia, as more particularly shown on a plat of survey pre pared for Fred L. & Miriam E. Blankenship by Henry Grady Jarrard, Registered Surveyor, dated January 24, 1978, recorded at Plat Book 6, Page 260, in the Office of the Clerk of the Superior Court of Banks County, Georgia and incorpo rated herein and made a part hereof by reference for a more detailed description. The debt secured by said Security Deed has been and is hereby declared due because of, among other pos sible events of default, fail ure 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 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, ease ments, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is MITCHELL MORROW or a tenant or ten ants. WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE OF THE OF SOUTHEAST TRUST 2011- 1, as attorney in Fact for MITCHELL MORROW L. Lou Allen Stites & Harbison, PLLC 11 Mountain Street, Suite 8 Blue Ridge, Georgia 30513 (706) 632-7923 File No. AM190-00090 (DC7,14,21,18B/16022-50T1P) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County By virtue of the power con tained in a Deed To Secure Debt executed and delivered byTIMOTHYW. PATTERSON and DEBRA J. MCDOUGALD to FIRST PIEDMONT FINANCIAL SERVICES, INC., dated February 1, 2003, and recorded in Deed Book 211, Page 427, Banks County, Georgia Records, and record ed securing a note of even date, and any other present or future indebtedness, in addi tion to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Banks County, Georgia, by the undersigned, acting as Attorney-in-Fact for the said TIMOTHY W. PATTERSON and DEBRA J. MCDOUGALD as provided 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 January, to-wit; January 3, 2012: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, shown as Tract No. 10-A containing 2.00 acres, more or less, as continued on following page
