About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (April 10, 2013)
WEDNESDAY, APRIL 10, 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 Georgia, Banks County Because of default in the pay ment of a loan secured by a deed to secure debt executed by BRUCE A. BENNETT to FIRST GEORGIA BANKING COMPANY, dated June 21, 2007, recorded July 17, 2007 in Deed Book 309, Page 120, Banks County Superior Court, the undersigned has declared the full unpaid amount of the indebted ness referred to due and payable, and, acting under the power of sale contained in said deed, for the purpose of paying said indebted ness, will on the first Tuesday in May, 2013, during the legal hours of sale at the courthouse in said County, sell at public outcry to the highest bidder for cash, the lands described in said deed, to-wit: All that tract or parcel of land lying and being in the 207th District, G.M., Banks County, Georgia, and being that 2.547 acres, more or less, designated as Tract 3 B, as more particularly shown on a plat of survey prepared for Arnold R. Bennett & Bruce A. Bennett by W.T. Dunahoo and Associates, Registered Surveyor, dated April 16, 2007, recorded in Plat Book 31, Page 47, in the Office of the Clerk of Superior Court of Banks County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description. Also: An ingress-egress ease ment running along the southerly boundary of Tract 3 A from the westerly right of way of Nowhere Road to the subject property; said Tract 3 A being more particularly shown on a plat of survey refer enced herein above. Together with all improvements located thereon including that cer tain 2007 Horton Mirage Mobile Home, VIN 1862986GLR. The street address of the prop erty is 586 E. County Line Road, Jefferson, Georgia 30549 . Notice has been given by certi fied mail to the debtor in compli ance with OCGA 44-14-162, et seq. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and pay able), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, encumbrances, boundary line agreements, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. Said property also sold subject to the rights of tenant(s) in possession, if any, and all parties claiming by, through or under said tenant(s). Specific Exceptions: Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspec tion of the premises. Easement from Bruce A. Bennett to Georgia Power Co. filed 7/2/2007, and recorded in Deed Book 308, page 417, aforesaid records. Encroachment Agreement between Bruce A. Bennett and Georgia Power Co., filed 9/27/2007, and recorded in Deed Book 313, page 216, aforesaid records. Allowing for construction of driveway on easement. It is believed by the undersigned that the person in possession of such property is Bruce A. Bennett, or other 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 with the holder of the security deed. The undersigned will execute a deed to the purchaser as autho rized by the aforementioned loan deed. The following information is being provided in accordance with OCGA§44-14-162.2. CertusBank, N.A., as assignee of the Federal Deposit Insurance Corporation, as receiver for First Georgia Banking Company, is the secured creditor under the security deed or deed to secure debt and loan being foreclosed. The following entity shall have full authority to negoti ate, amend, and modify all terms of the above-described security deed and associated note(s) on behalf of the secured creditor: CertusBank, N.A., as assignee of the Federal Deposit Insurance Corporation, as receiver for First Georgia Banking Company, PO. Box 2578, Carrollton, Georgia 30112; (770) 830-1233, Attn: Foreclosures. OCGA § 44-14-162.2 states in pertinent part that, “nothing in this subsection shall be construed to require a secured creditor to nego tiate, amend, or modify the terms of a mortgage instrument.” THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. This 3rd day of April, 2013. WIGGINS & CAMP, PC. BY: DANIEL P. CAMP, ATTORNEY FOR CERTUSBANK, N.A., ATTORNEY-IN-FACT FOR BRUCE A. BENNETT WIGGINS & CAMP, P. C. 128 Newnan Street Carrollton, Georgia 30117 (770) 832-2482 (AP10,17,24,MY1B/20612-80T1P) gpnll Notice of Sale Notice of Sale Under Power State of Georgia, County of Banks By virtue of the power of sale contained in a Security Deed from BRIAN L. PATTERSON AND ASHLEY N. PATTERSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 26, 2006, and record ed in Deed Book 280, Page 697, and last transferred and assigned to Branch Banking and Trust Company (“BB&T”) by assign ment recorded in Deed Book 387, Page 160, Banks County, Georgia records, there will be sold at public outcry for cash to the highest bid der before the courthouse doors of said county during the legal hours of sale on the first Tuesday in May, 2013, by BB&T, as Attorney- in-Fact for Brian L. Patterson and Ashley N. Patterson, the following described property, to-wit: Tract 1: All that tract or parcel of land lying and being in the 912th (Poplar Springs) District, G.M., Banks County, Georgia, State of Georgia, containing One (1) acre, more or less, and being described more fully as follows: Commencing at the southeast corner of property now or formerly owned by Cole, on the West side of the right of way of Moccasin Gap Road (formerly known as Homer-Belton Road), thence Southerly along said right of way 105 feet to the Southeast corner of property now or formerly owned by Donald Bond, said cor ner being the TRUE POINT OF BEGINNING; thence continuing in a southerly direction along the said right of way a distance of 110 feet to a point; thence in a west erly direction along line of other property now or formerly of Baker, and parallel to the property line now or formerly owned by Cole aforesaid, a distance of 405 feet to a corner; thence in a northerly direction, parallel to the Moccasin Gap Road, 110 feet to a point, said point being the southwest corner of other lands now or formerly of Donald Bond; thence along the line of said Bond property, in an easterly direction, 405 feet to a point; said point being the True Point of Beginning. Said property herein decribed being immediately to the south, and adjacent to that tract or parcel of land conveyed by Warranty Deed from Joe R. Sims and Mrs. Florence Sims to Donald Bond, dated 29 November 1976, and recorded in Deed Book 12, Page 225, of the records of the Clerk, Banks Superior Court. Tract 2: All that tract or parcel of land lying and being in the 912th District, G.M., of Banks County, Georgia, located about five (5) miles east from the Town of Lula, Georgia, and more fully described as fol lows: BEGINNING at the south east corner of the property now or formerly owned by B.D. King on the west side of the right of way of Moccasin Gap Road (formerly known as Homer-Belton Road); thence southerly along the right of way of Moccasin Gap Road 105 feet; thence westerly parallel to the King property line 405 feet; thence northerly parallel to Moccasin Gap Road 105 feet; thence easterly along the line of King property 405 fee to the beginning corner, con taining one (1) acre. The indebtedness secured by said Security Deed having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expens es of the sale, including attorney’s fees, notice of intention to col lect attorney’s fees having been given as provided by law. BB&T Loss Mitigation Department is the name of the department at BB&T who has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and their address is: BB&T Loss Mitigation Department, 301 College Street, Greenville, South Carolina 29601; Phone # 800-827-3722, Option 6. The property will be sold as the property of Brian L. Patterson and Ashley N. Patterson or parties claiming under the aforementioned subject to the following: (1) all prior restrictive covenants, easements, right-of-ways, or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the prop erty; (4) all outstanding taxes, assessments, unpaid bills, charges and expenses that constitute liens against the property, whether due and payable or not yet due and payable, and matters of record superior to the Security Deed first set out above. To the best of the undersigned’s knowledge and belief, the party in possession is Brian L. Patterson and Ashley N. Patterson, a ten ant or tenants, or parties claim ing under the aforementioned, and said property is more commonly known as 429 Moccasin Gap Road, Lula, GA 30554. Branch Banking & Trust Company, as Attorney-in-Fact for Brian L. Patterson and Ashley N. Patterson Gregory M. Eells Attorney at Law Eells Law Group, LLC Suite 181 - The Oglethorpe Bldg. 2971 Flowers Road South Atlanta, Georgia 30341 (770) 455-3660 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS NOTICE IS REQUIRED BY THE PROVISIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT AND DOES NOT IMPLY THAT WE ARE ATTEMPTING TO COLLECT MONEY FROM ANYONE WHO HAS DISCHARGED THE DEBT UNDER THE BANKRUPTCY LAWS OF THE UNITED STATES. (AP10,17,24,MY1P4) gpnll Notice of Sale Notice of Sale Under Power in Deed to Secure Debt State of Georgia, County of Banks Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from MIKE S. KIPFMILLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOMESTAR MORTGAGE SERVICES, LLC in the original principal amount of $96,800.00 dated 01/24/2003, and recorded in Deed Book 207, page 258, Banks County records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 380, page 504, Banks County records, 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 May, 2013 by CitiMortgage, Inc., as Attorney-in- Fact for Mike S. Kipfmiller the fol lowing described property: All that tract or parcel of land lying and being in Poplar Springs GMD 912, Banks County, Georgia, and being Lots 10 and 11 of Grove River Estate, consisting of 2.06 acres and 2.47 acres, respectively, as more fully shown on a plat of survey prepared for Don Higgins by Max Lewallen, Georgia Registered Surveyor No. 2067, dated March 26, 1981, and recorded in Plat Book 8, Page 172, of the Deed and Plat Records of Banks County, Georgia. Less and except: That portion of the above- described real estate conveyed to Banks County, Georgia for a 60-foot right of way by instrument recorded in Deed Book 149, Page 128, of same records. Property known as: 796 Wildwood Trail, Lula, GA 30554 The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the pay ment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, includ ing attorney’s fees, (notice having been given as provided by law). The property will be sold as the property of Mike S. Kipfmiller sub ject to the following: (1) all prior restrictive cove nants, easements, rights-of-way or encumbrances; (2) all valid zon ing ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the out standing ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that con stitute 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. CitiMortgage, Inc. holds the Note and referenced Security Deed and services the loan on behalf of Federal National Mortgage Association, the current owner of your loan. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the afore mentioned indebtedness is: CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368 PH: 866-272-4749 Pursuant to O.C.G.A Section 44-14-162.2, nothing contained in this Notice of Sale shall obligate any entity to negotiate, amend, or modify said indebtedness. To the best of the undersigned’s knowledge and belief, the party in possession is Mike S. Kipfmiller. CitiMortgage, Inc., as Attorney- in-fact for Mike S. Kipfmiller. 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. 115 Perimeter Center Place South Terraces, Suite 1000 Atlanta, GA 30346 Phone - 770-392-0398 Toll Free - 866-999-7088 www.penderlaw.com Our File No. 13-00435-2 (AP10,17,24,MY1B/20795-60P) gpnll Notice of Sale Notice of Sale Under Power State of Georgia, County of Banks By virtue of the power of sale contained in that certain Deed to Secure Debt, Assignment of Rents and Security Agreement from WILLIAM B. STARK, JR. (“Grantor”), to STATE BANK AND TRUST COMPANY, AS SUCCESSOR IN INTEREST TO AND ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR THE BUCKHEAD COMMUNITY BANK, AS SUCCESSOR BY MERGER TO FIRST NATIONAL BANK OF FORSYTH COUNTY (“Grantee”), recorded September 15, 2006, in Deed Book 289, Page 23, Banks County, Georgia Superior Court Records; as modi fied by Modification of Deed to Secure Debt recorded May 21, 2007, in Deed Book 305, Page 600, aforesaid records; as modi fied by Modification of Deed to Secure Debt recorded October 4, 2007, in Deed Book 313, Page 686, aforesaid records; as modi fied by Modification of Security Deed recorded October 20, 2008, in Deed Book 332, Page 71, aforesaid records; as modi fied by Modification of Security Deed recorded December 7, 2009, in Deed Book 347, Page 499, aforesaid records; as assigned to State Bank and Trust Company by Receiver’s Assignment of Note and Deed to Secure Debt recorded May 20, 2010, in Deed Book 352, Page 472, aforesaid records (the “Assignment”); as fur ther modified by Fifth Modification of Deed to Secure Debt by and between State Bank and Trust Company and Grantor recorded April 1, 2011, in Deed Book 361, Page 809, aforesaid records; (said Deed to Secure Debt, Assignment of Rents and Security Agreement as may have been modified, amended and assigned from time to time, hereinafter referred to col lectively as the “Security Deed”), said Security Deed being given to secure the payment of a promis sory note dated September 14, 2006, made by Grantor to the order of First National Bank of Forsyth County in the principal amount of SIX HUNDRED FIFTY-NINE THOUSAND FOUR HUNDRED THIRTY AND 00/100THS DOLLARS ($659,430.00), with interest from the date thereof at the rate specified therein, as last modified by Fifth Modification of Promissory Note dated November 6, 2010, by and between Grantor and State Bank and Trust Company, as said principal amount was modified to $461,945.00 (said promissory note, as may have been renewed, modified and assigned from time to time, here inafter referred to collectively as the “Note”), together with all other amounts payable by Grantor to Grantee, 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 of May, 2013, the following property (the “Property”), to-wit: All that tracts or parcels of land lying and being in Davids District (G.M.D. 207) Banks County, Georgia, and being 78.898 acres, more or less, located on the north side of Georgia Highway No. 29 as shown on the survey for Bill Stark, dated May 23, 2003, revised December 23, 2004, prepared by G. Brian Slate, Georgia Registered Land Surveyor, said plat being of record in Plat Book F, page 102, Banks County, Georgia Plat Records. Said survey is incorpo rated herein by this reference and made a part of this description. TOGETHER with all and sin gular, the improvements, fixtures, easements, hereditaments, rights, members and appurtenances thereunto belonging or in any wise appertaining, including, with out limitation: the buildings and improvements erected thereon, and the fixtures, attachments, appliances, equipment, machinery and other articles attached to said buildings and improvements (the “Improvements”); and all minerals, shrubs, trees or other emblements on said Property or under or above the same or any part or parcel thereof, and all leasehold estates, usufructuary interests, and rights of Grantor in the Property, and all rights of Grantor as Lessor or Landlord under any lease or sub lease letting or demising all or any portion of the Property or improve ments, including, without limitation, the interest of Grantor in all rents and security deposits paid or to be paid thereunder; and TOGETHER WITH all right, title and interest of Grantor in and to all tangible personal property (the “Personal Property”) owned by Grantor and located on or at the Property or used in connec tion therewith, including machin ery and equipment, furniture, furnishings and fixtures, and all inventory, and all right of claim with respect to the proceeds of insurance which Grantor has in the Property, Improvements, and Personal Property, and all any all awards made for the taking by eminent domain, by proceeding or purchase in lieu thereof, of the whole or any part of the Property and Improvements. The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed including, but not limited, to the failure to make payments thereunder when due. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued inter est and expenses of the sale and all other payments provided for under the Security Deed, including attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law. Grantee reserves the right to sell the Property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed. To the best of Grantee’s knowl edge 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. Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valor em taxes, governmental assess ments and related liens and all prior restrictions, reservations, covenants, rights-of-way, ease ments, encumbrances and other matters of record, if any, appearing of record prior to the date of the Security Deed and those appear ing after the date of the Security Deed and consented to of record by Grantee. STATE BANK AND TRUST COMPANY, AS SUCCESSOR IN INTEREST TO AND ASSIGNEE OF THE FEDERAL DEPOSIT INSURANCE CORPORATION, AS RECEIVER FOR THE BUCKHEAD COMMUNITY BANK, AS SUCCESSOR BY MERGER TO FIRST NATIONAL BANK OF FORSYTH COUNTY, ATTORNEY- IN-FACT FOR WILLIAM B. STARK, JR. Taylor English Duma LLP 1600 Parkwood Circle, Suite 400 Atlanta, Georgia 30339 Attn: Scott Creasman, Esq. (678) 336-7179 (AP10,17,24,MY1P4) gpnll Notice of Sale Notice of Sale Under Power Banks County Pursuant to the Power of Sale contained in a Security Deed given by KENNETH DODD to WELLS FARGO BANK, N.A. dated 5/2/2011 and recorded in Deed Book 362 Page 857, Banks County, Georgia records; as last transferred to Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $ 113,019.00, with interest at the rate specified therein, 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 May 07, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property: All that tract or parcel of land lying and being in the City of Homer, 265th GMD, Banks County, Georgia, being that 1.00 acres, more or less, designated as Lot 1, Phase 1 on a plat of survey prepared for Melvin Morris by Max Lewallen, Registered Surveyor dated July 11/2005, recorded in Plat Book 30, Page 29, 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. 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 indebted ness 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 the Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 208 Athens Street, Homer, GA 30547 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 under signed, the party (or parties) in possession of the subject property is (are): Kenneth Dodd or tenant or tenants. Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negoti ate, amend and modify all terms of the mortgage pursuant to estab lished guidelines. Wells Fargo Bank, NA Loss Mitigation, 3476 Stateview Boulevard, Fort Mill, SC 29715, 1-800-662-5014 Note, however, that such entity or individual is not required by law to negotiate, amend or modify the terms of the loan. 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) unpaid water or sewage bills that constitute a lien against the property whether due and payable or not yet due and payable and which may not be of record, (c) the right of redemption of any taxing authority, (d) any matters which might be disclosed by an accurate survey and inspection of the prop erty, and (e) any assessments, liens, encumbrances, zoning ordi nances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. The sale will be conducted sub ject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final con firmation and audit of the status of the loan as provided immediately above. Wells Fargo Bank, NA as agent and Attorney in Fact for Kenneth Dodd Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400. THIS LAW FIRM MAY BE ACTING AS ADEBTCOLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000- 667492999A (AP10,17,24,MY1 B/20029-7OP) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County Under and by virtue of the power of sale contained in that Deed to Secure Debt from GUSTAVO RODRIGUEZ to COMMUNITY BANK & TRUST dated January 11, 2008, recorded among Banks County, Georgia Records in Deed Book 319, Page 149, held by SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. pursuant to that Purchase and Assumption Agreement among Federal Deposit Insurance Corporation as Receiver of Community Bank & Trust, SCBT, N.A., and the Federal Deposit Insurance Corporation, dated January 29, 2010 and pursuant to Assignment from Federal Deposit Insurance Corporation as Receiver of 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 Courthouse door in said County, during the legal hours of sale, on the first Tuesday in May, 2013 by SCBT d/b/a CBT, a Division of SCBT, f/k/a SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A., as Attorney-in-Fact for Gustavo Rodriguez the following described property: All that tract or parcel of land lying and being in Land Lot 200 of the 448 GMD of Banks County, Georgia, containing 5.595 acres, more or less, all as more fully shown on a plat of survey pre pared for the Reinfried Armstrong Romanes Estate by Roy A. Terrell, R.L.S., dated December, 1978 and showing Annie Nicholson as the property owner, which plat is recorded among Banks County, Georgia Records in Plat Book 7, Page 130, said plat being incor porated herein by reference for a more full and complete descrip tion. The indebtedness secured by said Deed to Secure Debt 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 purposes of paying the same and all expenses of sale, including attorney’s fees (notice having been given as pro vided by law). The property will be sold subject to the following: (1) all prior restrictive cove nants, easements, rights-of-way or encumbrances; (2) all valid zon ing ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the out standing ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that con stitute 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. The entity with full authority to negotiate, amend and modify all terms of the mortgage with Debtor is SCBT d/b/a CBT, a Division of SCBT, 448 North Main Street, Cornelia, Georgia, 30531; phone number 706-776-5117. To the best of the undersigned’s knowledge and belief, the party in possession is Gustavo Rodriguez or a tenant or tenants. 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 with the holder of the Deed to Secure Debt. SCBT d/b/a CBT, a Division of SCBT, f/k/a SCBT, N.A. d/b/a CBT, a Division of SCBT, N.A. as Attorney-in-fact for Gustavo Rodriguez. This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose. M. Keith York Kimzey, Kimzey & York R O. Box 38 Cornelia, GA 30531 (706) 778-6823 (AP10,17,24,MY1 B/1326-60P) gpnll Notice of Sale Notice of Sale Under Power Banks County Pursuant to the Power of Sale contained in a Security Deed given by JOSHUA P MCKINNEY to WELLS FARGO BANK, NA dated 7/23/2007 and recorded in Deed Book 310 Page 160-178, Banks County, Georgia records; as last transferred to Wells Fargo Bank, NA, conveying the after-described property to secure a Note in the original principal amount of $ 129,304.00, with interest at the rate specified therein, 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 May 07, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 1580th G.M.D. OF BANKS COUNTY, GEORGIA, CONTAINING 3.41 ACRES, MORE OR LESS, AND BEING DESIGNATED AS TRACT 2 ON A PLAT OF SURVEY PREPARED FOR ANTHONY VENTO AND CAROLYN VENTO BY RUSSELL BARTLETT, R.S., UNDER DATE OF JANUARY 6, 1994, A COPY OF SAID PLAT BEING OF RECORD IN THE OFFICE OF THE CLERK OF SUPERIOR COURT, BANKS COUNTY, GEORGIA, IN PLAT BOOK 18, PAGE 124, TO WHICH SAID PI AT AND THE RECORD THEREOF, REFERENCE IS HEREBY MADE FOR AMORE COMPU3’RE DESCRIPTION. TOGETHER WITH AN ACCESS MORE FULLY DESCRIBED IN EASEMENT AGREEMENT DATED JULY 12, 1991, AND RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF BANKS COUNTY, GEORGIA IN DEED BOOK 66, PAGE 195. SUBJECTTOALL EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY continued on following page
