About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (Jan. 9, 2013)
WEDNESDAY, JANUARY 9, 201 3 THE BANKS COUNTY NEWS PACE 9B Legal Notices 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 State of Georgia, County of Banks By virtue of a Power of Sale contained in that certain Deed to Secure Debt from TIMOTHY A. SLABIAK to CONSECO FINANCE SERVICING CORP. n/k/a Green Tree Servicing, LLC, dated March 21, 2001 and recorded in Deed Book 169, Page 465, in the Office of the Clerk of Superior Court of Banks County, Georgia, said Deed to Secure Debt having been given to secure a Note, dated March 21, 2001, in the original principal amount of SEVENTY THOUSAND TWO HUNDRED TWENTY SIX AND 59/100 DOLLARS ($70,226.59) with interest thereon as provided therein, having been last sold, assigned and transferred to U.S. Bank N.A., as Trustee on behalf of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate 2001- 3, recorded in Deed Book 380, Page 422, aforesaid records, 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 of February 2013 regarding the following described property: All that tract or parcel of land lying and being in the 265th GM District of Banks County, Georgia, being more particu larly described as Lot 9, Tract 1, containing 2.00 acres, more or less, as shown on a plat of survey prepared by Chris M. Patton, RLS, dated October 6, 1997, revised October 29, 1997, filed in Plat Book B, Page 148, recorded November 13, 1998, Banks County, Georgia. Said property is commonly known as 1163 Ervin Chambers Rd. f/k/a #9 Ervin Chambers Rd., Maysville, GA 30558. The indebtedness secured by said Deed to Secure Debt has been and is hereby declared due because of default under the terms of said Deed to Secure Debt 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, includ ing attorney's fees and all other payments provided for under the terms of the Deed to Secure Debt and Note. Said property will be sold sub ject to the following items which may affect the title of said prop erty; 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 covenants, easements, rights-of- way and any other matters of record superior to said Deed to Secure Debt. To the best of the knowledge and belief of the undersigned, the party in posses sion of the property is Timothy A. Slabiak or tenant(s). U.S. Bank N.A., as Trustee on behalf of Manufactured Housing Contract Senior/Subordinate Pass- Through Certificate 2001-3 as Attorney-in-Fact for Timothy A. Slabiak Contact: Topping & Associates, LLC 1930 N. Druid Hills Rd., Suite B Atlanta, Georgia 30319 (404) 728-0220 Ad Run Dates: 1/9/13; 1/16/13; 1/23/13; and 1/30/13 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (IA9,16,23,30P4) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by DONNA FAYE PAYNE to WASHINGTON MUTUAL BANK, FA, dated July 21, 2004, recorded in Deed Book 242, Page 394, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. as trustee for WaMu Mortgage pass-through Certificates Series 2004-PR2 Trust by assignment recorded in Deed Book 382, Page 351, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY- SEVEN THOUSAND AND 0/100 DOLLARS ($137,000.00), with interest thereon as set forth therein, there will be sold at pub lic 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 February, 2013, the following described property: All that tract or parcel of land lying and being in the 1580 GM District, Banks County, Georgia, and being Lot 24, Trotters Glen Subdivision, containing 4.58 acres, as shown on plat by Bartlett & Cash Land Surveyors, Inc., dated March 16, 1993 and recorded in Plat Book 17, Page 233, of the Public Records of Banks County, Georgia, which plat is hereby referred to and made a part hereof by reference. Also conveyed is a non exclusive right of ingress & egress over and through the strips for road way and riding purposes shown on the Trotters Glen Subdivision Plat. Subject to an easement of ingress and egress in favor of Danny Otter and Wayne Melvin Wade and the owners of any other property shown on the plat recorded in Plat Book 13, Page 96, and the owners of all or any part of the remaining property originally purchased by Otter and Wade herein, said easement being along a sixty feet wide strip running onto the property herein conveyed from the boundar ies of said property which are located along the centerline of the roadways to a line which is parallel to said boundaries along the easement for the 10-foot walkway, all of said easements being more particularly shown by the plat recorded in Plat Book 13, Page 96. Subject to restric tions dated 09/17/1987 recorded in Deed Book 45, Pages 385- 395, Banks County Records and amendment of same dated April 1988 recorded in Deed Book 50, Page 383-394, Banks County Records. 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 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 attorney’s fees (notice of intent to collect attor ney’s fees having been given). JPMorgan Chase Bank, National Association holds the Note and Security Deed to the above-ref erenced property and services the above-referenced loan on behalf of the current owner of the loan: Wells Fargo Bank, N.A. as trustee for WaMu Mortgage pass through Certificates Series 2004- PR2 Trust. JPMorgan Chase Bank, National Association can be contacted at 800-848-9136 or by writing to 7255 Baymeadows Way, Jacksonville, FL 32256, to discuss possible alternatives to foreclosure, and has the author ity to negotiate, amend or modify the terms of the loan. Said prop erty 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 dis closed 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. To the best knowledge and belief of the undersigned, the party in possession of the prop erty is Donna Faye Payne or a tenant or tenants and said property is more commonly known as 600 Trotters Glen, Baldwin, Georgia 30511. 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 hold er of the security deed. Wells Fargo Bank, N.A. as trustee for WaMu Mortgage pass-through Certificates Series 2004-PR2 Trust as Attorney in Fact for Donna Faye Payne Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/ rat 2/5/13 Our file no. 1693811-FT20 (JA9,16,23,30B/19698#1693811-80T1P) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County Because of default in the payment of the indebtedness, secured by a Security Deed executed by DONALD PAUL MONTECALVO JR. AND LEIGHAN MONTECALVO to SOUTH STAR MORTGAGE, INC. dated January 30, 1998 in the amount of $66,400.00, and recorded in Deed Book 124, Page 770, Banks County, Georgia Records; as last transferred to JPMorgan Chase Bank, National Association by assignment; the undersigned, JPMorgan Chase Bank, National Association pur suant to said deed and the note thereby 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 in February, 2013 , during the legal hours of sale, at the Courthouse door in Banks 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, together with all improvements thereon, situate, lying and being in the Georgia Militia Land District 284, of Banks County, Georgia, as shown and delineated on a plat of survey for Frank Leffingwell by Eddie A. Borders, Surveyor, dated July 10, 1978, containing 2.133 acres, more or less, and being a portion of that property described in a Warranty Deed from Webster Stringer to Frank E. Leffingwell and Rose Marie Leffingwell, dated February 4, 1977, and recorded in Plat Book 12, Page 461, Banks County, Georgia Plat Records, and being more particularly described as follows: Beginning at a point on the Northeasterly side of the 80 foot Right-of-Way of a County Asphalt Road at an iron pin located on the Northeasterly side of the 80 foot Right-of-Way of the aforesaid County Asphalt Road 360 feet more or less in a Westerly direc tion from the Georgia Highway # 184; thence in a Northwesterly direction along the Northeasterly side of the 80 foot Right-of-Way of the aforesaid County Asphalt Road, North 65 degrees 45 min utes West a distance of 202.76 feet to an iron pin; thence in a Northwesterly direction North 31 degrees 58 minutes West a distance of 238.43 feet to an iron pin; thence in a Northeasterly direction North 15 degrees 47 minutes East a distance of 165.29 feet to an iron pin; thence in a Southeasterly direction South 58 degrees 50 minutes East a distance of 398.08 feet to the Eastern line of the property from which the tract described herein is cut and an iron pin; and thence in a Southwesterly direction South 17 degrees 20 minutes West a distance of 250 feet to an iron pin on the Northeasterly side of the 80 foot Right-of-Way of the aforesaid County Asphalt Road and the Point of Beginning. which has the property address of 110 Yukon Drive, Homer, Georgia., together with all fix tures and other personal prop erty conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, pro tective covenants or restrictions, liens, and other superior matters of record which may affect said property. 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 inten tion to collect attorneys’ fees in accordance with the terms of the note secured by said deed. Notice has been also given, in writing and by certified mail, return receipt requested, to the borrower, of the name, address, and telephone number of the individual or entity who shall have full authority to negotiate, amend, and modify all terms of the Security Deed and the note thereby secured in accordance with O.C.G.A. Section 44-14- 162.2(a). Said property will be sold as the property of Donald Paul Montecalvo Jr. and Leighan Montecalvo and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. JPMorgan Chase Bank, National Association Attorney in Fact for Donald Paul Montecalvo Jr. and Leighan Montecalvo McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com Banks County News Publication Dates: 01-09- 2013, 01-16-2013, 01-23-2013, 01-30-2013 File No. 12-09763 /FHLMC/ kcarr THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (JA9,16,23,30B/1325-80P) gpnll Notice of Sale Notice of Sale Under Power State of Georgia, County of Banks Because of a default in the payment of indebtedness secured by a Consumer Deed to Secure Debt executed by JEFFREY WELLS (“Grantor”) to FIRST GEORGIA BANKING COMPANY, dated July 28, 2005, and recorded on September 16, 2005, in Deed Book 266, Page 201, Banks County Clerk of Court, as affected by that Modification Agreement-Security Deed dated April 28, 2009, recorded on May 11, 2009, in Deed Book 339, Page 652, Banks County, Georgia records (said Deed to Secure Debt, as may have been modified and assigned from time to time, here inafter referred to collectively as the “Security Deed”), as assigned by the Federal Deposit Insurance Corporation as Receiver for First Georgia Banking Company to CertusBank, N.A. by that certain Assignment of Loan Documents, effective as of May 20, 2011, recorded in Deed Book 378, Page 383, Banks County, Georgia records, said Security Deed being given to secure the payment of a Commercial Promissory Note dated April 28, 2009, made by Grantor to the order of First Georgia Banking Company, in the original prin cipal amount of $290,000.30, with interest from the date thereof at the rate specified therein (said Promissory Note, as may have been modified, renewed, or assigned from time to time, hereinafter referred to collectively as the “Note”, also which was assigned by the Federal Deposit Insurance Corporation as Receiver for First Georgia Banking Company to CertusBank, N.A.), the holder thereof pursuant to said Security 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 Security Deed, will on the first Tuesday, February 5, 2013, dur ing the legal hours of sale, before the Courthouse door at Banks County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Security Deed, to-wit: ALL THAT TRACT OR PARCEL OF LAND, SITUATE, LYING AND BEING IN THE 284TH G.M. DISTRICT, BANKS COUNTY, GEORGIA, CONTAINING 52.819 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED BY PLAT OF SURVEY PREPARED FOR JEFFERY IRA WELLS DATED FEBRUARY 1, 1997, REVISED DECEMBER17,1998, BY JAMES R. SMITH, GRLS NO. 2407, RECORDED IN PLAT BOOK C, PAGE 15, BANKS COUNTY, GEORGIA RECORDS, WHICH PLAT AND THE RECORDING THEREOF ARE HEREBY INCORPORATED HEREIN BY REFERENCE FOR A MORE DETAILED DESCRIPTION OF THE PROPERTY. LESS AND EXCEPT ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 284TH G.M. DISTRICT, BANKS COUNTY, GEORGIA, CONTAINING 5.00 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED BY PLAT OF SURVEY PREPARED FOR JEFFERY IRA WELLS DATED OCTOBER 20, 1999, RECORDED IN PLAT BOOK 26, PAGE 200, BANKS COUNTY, GEORGIA RECORDS. SAID PLAT AND THE RECORDING THEREOF ARE INCORPORATED HEREIN BY REFERENCE FOR A MORE DETAILED DESCRIPTION OF THE PROPERTY. TOGETHER WITH: A THIRTY FOOT (30') EASEMENT FOR INGRESS AND EGRESS AS MORE PARTICULARLY DESCRIBED ONTHEABOVE-REFERENCED PLAT. (hereinafter, collectively referred to as the “Property”), together with all fixtures or other improvements situated thereon and all rights, titles and interests appurtenant thereto. The indebtedness as shown in the Note and secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, the failure to make payments thereunder when due. The indebtedness remaining in default, the sale will be made pursuant to the Power of Sale provided in the Security Deed for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued inter est, expenses of the sale, and all other payments provided for under the Security Deed, includ ing attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attor neys’ fees having been given as provided by law, and the remain der, if any, shall be applied as provided by law. To the best of undersigned’s knowledge and belief, the parties in possession of the Property are Grantor and/or tenants of Grantor or other persons in possession with the consent or acquiescence of Grantor. All notices required under the Note, Security Deed, and Georgia law having been made as of this date. The above-referenced Property may have been used as a dwelling place by Grantor at the time of entry of the Security Deed. Said Property will be sold on an “as is, where is” basis with out recourse against Lender and without representation or war ranty of any kind or nature what soever by Lender with respect thereto. Said Property will be subject to any matters which might be disclosed by an accu rate survey and inspection of the property. Said Property will be sold subject to any and all unpaid taxes or assessments relating to the Property, and all liens, encumbrances, easements and other matters of record to which the Security Deed is junior and inferior in terms of priority, includ ing senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice. CERTUSBANK, N.A., ATTORNEY-IN-FACT FOR JEFFREY IRA WELLS Walter E. Jones, Esq. Balch & Bingham LLP 30 Ivan Allen Jr. Blvd., NW Suite 700 Atlanta, Georgia 30308 Telephone: (404) 962-3540 Attorney for CertusBank, N.A. (JA9,16,23,30P4) 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 LOURDES VICTOR AND JUDE R. SIMON to BRANCH BANKING AND TRUST COMPANY, dated April 25, 2007, recorded May 1, 2007, in Deed Book 304, Page 179, Banks County, Georgia Records, and as modified, said Security Deed having been given to secure a Note of even date in the principal amount of THIRTY-THREE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($33,600.00), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the court house door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in February 2013 by the secured creditor, Branch Banking and Trust Company, as Attorney in Fact for Lourdes Victor and Jude R. Simon, all property described in said Security Deed including but not limited to the following described property: ALLTHATTRACTORPARCEL OF LAND LYING AND BEING IN THE 208TH G.M.D. OF BANKS COUNTY, GEORGIA, AND BEING DESIGNATED AS LOT 2, CONTAINING 2.432 ACRES, MORE OR LESS, ACCORDING TO A PLAT OF SURVEY PREPARED BY VENABLE AND ASSOCIATES, INC., SAID PLAT BEING RECORDED AMONG BANKS COUNTY, GEORGIA RECORDS IN PLAT BOOK 29, PAGE 90, REFERENCE BEING MADE TO SAID PLAT FOR A MORE FULL AND COMPLETE DESCRIPTION. SUBJECT TO A 30 FOOT EASEMENT FOR INGRESS AND EGRESS AS SHOWN ON THE ABOVE REFERENCED PLAT RUNNING FROM PURCELL ROAD TO TRACT 2. 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 indebted ness 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 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 covenants, 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 Lourdes Victor and Jude R. Simon or tenant(s). The sale will be conducted sub ject (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. The name of the person or entity who has the full authority to negotiate, amend, and modify all terms of the mortgage is: Branch Banking and Trust Company, 150 Stratford Road, Suite 201, Winston-Salem, NC 27104 TEL (866) 909-4852. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Geheren Firm, P.C., 4828 Ashford Dunwoody Road, 2nd Floor, Atlanta, GA 30338 TEL (678) 587-9500. I/A9,l6,23,30P4) gpnll Notice of Sale Notice of Sale Under Power State of Georgia County of BANKS Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by STEPHEN P RICCI AND CRYSTAL A STOUT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), AS NOMINEE FOR HOMESTAR FINANCIAL CORP, dated 10/08/2008, and Recorded on 11/19/2008 as Book No. 333 and Page No. 258- 274, BANKS County, Georgia records, as last assigned to JPMORGAN CHASE BANK, N.A. (the Secured Creditor), by assignment, conveying the after- described property to secure a Note of even date in the original principal amount of $145,900.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the BANKS County Courthouse within the legal hours of sale on the first Tuesday in February, 2013, the following 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 13, BLOCK A OF RIDGELAND SUBDIVISION, A CCORDING TO THAT FINAL PLAT FOR RIDGELAND PREPARED BY W.T. DUNAHOO AND ASSOCIATES, CERTIFIED BY W.T. DUNAHOO, GA RLS 1577, DATED OCTOBER 12,2005AND 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 DESCRIPTION OF THE PROPERTY CONVEYED HEREIN. The debt secured by said Deed to Secure Debt 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 Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of pay ing the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney's fees having been given). JPMORGAN CHASE BANK, N.A. holds the duly endorsed Note and is the current assign ee of the Security Deed to the property. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, acting on behalf of and, as necessary, in consul tation with JPMORGAN CHASE BANK, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44-14-162.2, JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC may be contacted at: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, 3415 VISION DRIVE, COLUMBUS, OH 43219, 866- 550-5705. Please note that, pursuant to O.C.G.A. § 44-14- 162.2, the secured creditor is not required to amend or mod ify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject prop erty known as 197 RIDGELAND DRIVE, MAYSVILLE, GEORGIA 30558 is/are: STEPHEN P RICCI AND CRYSTAL A STOUT or tenant/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 accurate sur- continued on following page
