About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (April 10, 2013)
PAGE 10B THE BANKS COUNTY WEDNESDAY, APRIL 10, 2013 Public Notices Continued 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 215 Wofford Creek Lane, Baldwin, GA 30511 togeth er with all fixtures and personal property attached to and constitut ing a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the sub ject property is (are): Joshua P McKinney 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 Joshua P McKinney 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 ADEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000- 667495169A (AP10,17,24MY1B/20029-80P) gpnll Notice of Sale Notice of Sale Under Power Banks County Pursuant to the Power of Sale contained in a Security Deed given by THEODORE J. KATKO JR. AND BRENDA KATKO to WELLS FARGO BANK, NA dated 10/9/2006 and recorded in Deed Book 290 Page 746, Banks County, Georgia records; as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass- Through Certificates, Series 2007- AR5, conveying the after-described property to secure a Note in the original principal amount of $ 280,000.00, 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 G.M.D. 207, BANKS COUNTY, GEORGIA, BEING ALL THAT PROPERTY SHOWN AS 6,000 ACROSS ON A SURVEY FOR THEODORE KATKO AND BRENDA KATKO PREPARED BY DANIEL W. VENABLE, GEORGIA REGISTERED LAND SURVEYOR, DATED JULY 12, 2006, AND MORE FULLY DESCRIBED ACCORDING TO SAID SURVEY AS FOLLOWS: BEGINNING AT A 1/2” REBAR SET ON THE SOUTHEASTERLY SIDE OF THE RIGHT OF WAY OF DAN WATERS ROAD (80 FOOT RIGHT OF WAY) AT A POINT LOCATED 1438.41 FEET FROM THE CENTERLINE INTERSECTION OF DAN WATERS ROAD AND GEORGIA HIGHWAY #326, FROM SAID BEGINNING POINT RUNNING SOUTH 73 DEGREES 41 MINUTES 28 SECONDS EAST 369.17 FEET TO AN IRON PIN FOUND; THENCE SOUTH 00 DEGREES 37 MINUTES 03 SECONDS WEST 110.00 FEETTO AN IRON PIN FOUND; THENCE RUNNING NORTH 82 DEGREES 27 MINUTES 54 SECONDS EAST 290.77 FEET TO AN IRON PIN FOUND; THENCE NORTH 49 DEGREES 55 MINUTES 57 SECONDS EAST 614.49 FEET TO AN IRON PIN FOUND; THENCE RUNNING SOUTH 75 DEGREES 39 MINUTES 50 SECONDS EAST 147.88 FEET TO AN IRON PIN SET; THENCE RUNNING SOUTH 45 DEGREES 13 MINUTES 35 SECONDS WEST 886.30 FEET TO A 1/2” REBAR SET; THENCE NORTH 58 DEGREES 43 MINUTES 49 SECONDS WEST 550.00 FEET TO A 1/2 “REBAR SET ON THE SOUTHEASTERLY RIGHT OF WAY OF DAN WATERS ROAD; THENCE ALONG THE RIGHT OF WAY NORTH 14 DEGREES 38 ,INUTES 31 SECONDS EAST 147.42 FEET TO THE POINT OF BEGINNING. THIS BEING PART OF THE PROPERTY DESCRIBED IN THE WARRANTY DEED FROM DAVID M. GIFFORD AND CATHY S. GIFFORD TO BRENDA KATKO, THEODORE J. KATKO. JR., ROBERT PEREZ AND APRIL KATKO-PEREZ DATED APRIL 27, 2006, AND RECORDED IN DEED BOOK 280, PAGE 491-492, BANKS COUNTY, GEORGIA. 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 151 Danwaters Drive, Commerce, GA 30530 together with all fixtures and personal prop erty attached to and constituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or par ties) in possession of the subject property is (are): Brenda Katko and Theodore J. Katko Jr. 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. HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass- Through Certificates, Series 2007- AR5 as agent and Attorney in Fact for Theodore J. Katko Jr. and Brenda Katko 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 ADEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1000- 667492916A (AP10,17,24, MY1B/20029-1OOP) 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 from CHRISTY EDWARDS WADE to MORTGAGE ELECTGRONIC REGISTRATION SYSTEMS, INC. dated February 19, 2008, filed for record February 26, 2008, and recorded in Deed Book 321, Page 319, BANKS County, Georgia Records, as last transferred to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assignment recorded in Deed Book 372, Page 235, BANKS County, Georgia Records, said Deed to Secure Debt having been given to secure a Note dated February 19, 2008 in the orig inal principal sum of NINETY NINE THOUSAND NINE HUNDRED SEVENTY SEVEN AND 0/100 DOLLARS ($99,977.00), with inter est from date at the rate stated in said Note 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 May, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the month ly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney’s fees. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP holds the duly indorsed Note and is the assignee of the Security Deed to your property. BANK OF AMERICA, N.A. services your loan on behalf of BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, the cur rent beneficial owner of your loan. The servicer of this loan is BANK OF AMERICA, N.A.. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100;. Please understand that the secured credi tor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any mat ters which might be disclosed by an accurate survey and inspection of the property, 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 (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. Said property will be sold as the property of CHRISTY EDWARDS WADE. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP As Attorney-in-Fact for CHRISTY EDWARDS WADE Phelan Hallinan & Jones, LLC 303 Perimeter Center North, Suite 800 Atlanta, GA 30346 Telephone: 770-393-4300 Fax: 770-393-4310 PH # 12882 This law firm is acting as a debt collector. Any information obtained will be used for that purpose. EXHIBITA ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 448TH DISTRICT, G.M., BANKS COUNTY, GEORGIA, AND BEING THAT 2.01 ACRES, MORE OR LESS, AS MORE PARTICULARLY SHOWN ON A PLAT OF SURVEY PREPARED FOR LISA F. REED BY JIMMY D. BULLOCK & ASSOCIATES, REGISTERED SURVEYOR, DATED JULY 19, 1994, RECORDED IN PLAT BOOK 19, PAGE 4, 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. (AP10,17,24,MY1 B/20538-70T4P) gpnll Notice of Foreclosure 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 JOHN ROBIN HAYNES to FIRST GEORGIA BANKING COMPANY, dated 3/19/2008, recorded 3/31/2008 in Deed Book 323, Page 254, modified by modifications recorded in Deed Book 331, Page 525I; in Deed Book 335, Page 525; in Deed Book 335, Page 66; in Deed Book 344, Page 471; in Deed Book 358, Page 146; and, in Deed Book 358, Page 149, now being assigned to CertusBank, N.A. by Receiver’s Assignment of Loan Documents recorded in Deed Book 385, Page 382, all in 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 GMD 1580 Banks County, Georgia, containing 2.86 acres, according to Plat of Survey prepared by Jeff Weshner, R.S. Number 2323, dated February 26, 1997, recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Plat Book 22, Page 178, to which plat and the record thereof is hereby incorpo rated herein for a more complete description. ALSO CONVEYED: Right of Way and easement for ingress and egress to and from that cer tain tract designated “W.G. Pete Hughes & Rhonda Hughes D/B 126/129 & PB 22/178” of width of sixty (60) feet, or the width in feet allowed by the Banks County Planning Commission for access thereto, whichever is less, run ning across that certain 39.195 acre parcel shown in Plat Book F, Page 72, Banks County, Georgia, Records. The street address of the prop erty is Harmony Church Road, Baldwin, Georgia 30511. 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: Georgia Power Easement recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book BB, Page 437; Deed Book EE, Page 231; and Deed Book 239, Page 460. Conservation Use Assessment recorded in the office of the Clerk of Superior Court of Banks County, Georgia, in Deed Book 255, Page 126. Note is made that the subject property does not front on a county road. Right of Way Deed to Department of Transportation recorded in the office of the Clerk of Superior Court of Banks County, Georgia in Deed Book 95, page 25. Any encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspec tion of the premises. It is believed by the undersigned that the person in possession of such property is John Robin Haynes, 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 27th day of March, 2013. WIGGINS & CAMP, PC. BY: DANIEL P. CAMP, ATTORNEY FOR CERTUSBANK, N.A., ATTORNEY-IN-FACT FOR JOHN ROBIN HAYNES WIGGINS & CAMP, P. C. 128 Newnan Street Carrollton, Georgia 30117 (770) 832-2482 Please Publish on April 10, 17, 24 & May 1, 2013. (AP10,17,24, MY 1/B20612-90) gpnll Notice of Sale Notice of Sale Under Power Banks County Pursuant to the Power of Sale contained in a Security Deed given by MICHELLE J LAWRENCE AND JOHN T LAWRENCE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Franklin American Mortgage Company dated 1/25/2010 and recorded in Deed Book 351 Page 466, Banks County, Georgia records; as last transferred to BANK OF AMERICA, N.A., con veying the after-described prop erty to secure a Note in the original principal amount of $ 176,027.00, 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 465th G.M.D., Banks County, Georgia, contain ing 4.50 acres more or less, as shown on a plat of survey, dated February 1, 1988, and recorded in Plat Book 17, Page 69, Banks County, Georgia records. Lot is identified as Tract 9”B” of said plat. Said plat is incorporated herein and made a part hereof by refer ence. Said property is bounded on the Northeast by Lot 9”C”; on the Southeast by 60 foot right-of- way of Cedar Grove Drive; on the Northwest by Grove Creek; and on the Southwest by Lot 9”A”. Being improved property known as 151 Trout Lane according to the pres ent system of numbering in Banks County, Georgia. 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 common ly known as 151 Trout Lane, Commerce, GA 30529 together with all fixtures and personal prop erty 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 prop erty is (are): Michelle J Lawrence and John T Lawrence or tenant or tenants. Bank of America is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines. Bank of America Home Loan Assistance Dept. 7105 Corporate Drive Plano, TX 75024 (800) 846-2222 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. BANK OF AMERICA, N.A. as agent and Attorney in Fact for Michelle J Lawrence and John T Lawrence 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 ADEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1016-655785A (AP10,17,24, MY 1B/20029-80P) gpnll Notice of Sale Notice of Sale Under Power Georgia, Banks County Because of default in the pay ment of the indebtedness, secured by a Security Deed executed by BILLY NIX AND KATIE M NIX to BENEFICIAL MORTGAGE CO. OF GEORGIA dated January 29, 1999 in the amount of $56,004.45, and recorded in Deed Book 140, Page 94, Banks County, Georgia Records; as last transferred to Beneficial Financial I, Inc. s/b/m Beneficial Mortgage Co. of Georgia by assignment; the undersigned, Beneficial Financial I, Inc. s/b/m Beneficial Mortgage Co. of Georgia pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in May, 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 lying and being in the 1206 (Wilmont) District, G.M. Banks County, Georgia, and partially lying and being in the 1686th G.M. District of Franklin County, Georgia, contain ing 22.04 acres, more or less, as shown on a plat prepared for Billy C. Nix by Max Lewallen, Surveyor, dated April 20, 1978, which plat is recorded in Plat Book 13, Page 47, Banks County, Georgia, Records. Reference is hereby made to said plat as recorded for a more detailed description of the prop erty herein conveyed. Subject to roadway as shown on the above described plat. Said property is bounded on the North by Lands of Faulkner, on the West by Lands of Patterson, and on the South by Lands of McDaniel and on the East by road. LESS AND EXCEPT: All that tract or parcel of land lying and being in GMD 1206, Banks County, Georgia, as shown and delineated as 2.15 acres, more or less, on plat of survey for James T. Seagraves and Denise N. Seagraves by Max Lewallen dated December 21, 1989 and being more particularly described as follows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said center line, from the intersection of said centerline and the Southern R/W of Cedar Ridge Road; thence running South 07 Degrees 02 Minutes West along said centerline, a distance of 20.00 Feet, to a point; thence running North 88 Degrees 28 Minutes West, a distance of 210.0 Feet to an iron pin; thence running South 33 Degrees 56 Minutes West, a distance of 192.6 Feet, to an iron pin; thence running South 76 Degrees 45 Minutes West a dis tance of 195.6 Feet, to an iron pin; thence running North 02 Degrees 32 Minutes West a distance of 100.0 Feet; to an iron pin; thence running North 15 Degrees 47 Minutes East, a distance of 261.9 Feet, to an iron pin; thence run ning North 71 Degrees 03 Minutes East, a distance f 261.9 Feet, to an iron pin; thence running South 04 Degrees 25 Minutes West, a dis tance of 210.3 Feet, to an iron pin; thence running South 86 Degrees 28 Minute East, a distance of 210.0 Feet, to a point on the center line of County Dirt Road #207, the Place or Point of Beginning. LESS AND EXCEPT: All that tract or parcel of land lying an being in Franklin County, Georgia, which was con veyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and contain ing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed descrip tion. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, containing 1.0 acres, more or less, as shown on Plat of Survey for Billy C. Nix by Max Lewallen RLS, dated July 28 1995 and being recorded among Banks County, Georgia Records in Plat Book 20, Page 30, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in 1206 and 1686 GMD of Banks and Franklin Counties, Georgia, and containing 3.00 acres, more or less, as shown on Plat of Survey prepared by Max Lewallen, RLS, dated June 20, 1985 and recorded among Banks County, Georgia Records in Plat Book 20, Page 4, reference to said plat is being made for a more full and complete description. LESS AND EXCEP: All that tract or parcel of land lying and being in the 1206th GMD of Banks County, Georgia, and being designated as Tract One, contain ing 1.00 acre, more or less, and Tract 2, containing 5.00 acres, more or less, as shown on plat of survey prepared by Max Lewallen, RLS, dated August 22, 1995, and recorded among Banks County, Georgia, Records in Plat Book 21, Page 35, reference to said plat is being made for a more full and complete description. LESS AND EXCEPT: All that tract or parcel of land lying and being in the 1206 G.M.D. of Banks County, Georgia, containing 3.0 acres, more or less, and shown on plat of survey prepared by Max Lewallen, R.S., dated June 11, 1996 and recorded among Banks County, Georgia Records in Plat Book 21, Page 81, said plat being incorporated herein by reference for a more full and complete description. which has the property address of 2125 Westbrook Road, Commerce, Georgia., together with all fixtures and other personal property 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 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. 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 accor dance with O.C.G.A. Section 44-14-162.2(a). Said property will be sold as the property of Billy Nix and Katie M Nix 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. Beneficial Financial I, Inc. s/b/m Beneficial Mortgage Co. of Georgia Attorney in Fact for Billy Nix and Katie M Nix McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com Banks County News Publication Dates: 04-11-2013, 04-18-2013, 04-25-2013, 05-02- 2013 File No. 10-02993 /CONV/kan- drade 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. (AP10,17,24, MY 1B/1325- 130T1P) 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 from EDWARD JOSEPH THOMAS, III and JULIE BLUME THOMAS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated July 3, 2008, filed for record July 8, 2008, and recorded in Deed Book 328, Page 147, BANKS County, Georgia Records, as last trans ferred to BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP by assignment recorded in Deed Book 368, Page 484, BANKS County, Georgia Records, cor rective assignment recorded in Deed Book 380, Page 27, BANKS County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated July 3, 2008 in the original principal sum of ONE HUNDRED TWENTY ONE THOUSAND NINETY NINE AND 0/100 DOLLARS ($121,099.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at pub lic 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 May, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the pur pose of paying the same and all expenses of this sale, including attorney’s fees. BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP holds the duly indorsed Note and is the assignee of the Security Deed to your property. BANK OF AMERICA, N.A. services your loan on behalf of BANK OF AMERICA, N.A. SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, the cur rent beneficial owner of your loan. The servicer of this loan is BANK OF AMERICA, N.A.. The individual or entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is BANK OF AMERICA, N.A., 7105 CORPORATE DR, PLANO, TX 75024-4100;. Please understand that the secured credi tor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold sub ject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any mat- continued on following page
