About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (May 1, 2013)
WEDNESDAY, MAY 1, 201 3 THE BANKS COUNTY NEWS PACE 7B 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 payment of a loan secured by a deed to secure debt execut ed by BRUCE A. BENNETT to FIRST GEORGIA BANKING COMPANY, dated June 21, 2007, recorded July 17, 2007 in Deed Book 309, Page 120, now being assigned to CertusBank, N.A. by Receiver’s Assignment of Loan Documents, recorded in Deed Book 387, Page 238, Banks County Superior Court, the undersigned has declared the full unpaid amount of the indebtedness referred to due and payable, and, act ing under the power of sale contained in said deed, for the purpose of paying said indebtedness, 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 easement 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 ref erenced herein above. Together with all improve ments located thereon includ ing that certain 2007 Horton Mirage Mobile Home, VIN 1862986GLR. The street address of the property is 586 E. County Line Road, Danielsville, Georgia 30633. Notice has been given by certified mail to the debtor in compliance with OCGA 44-14-162, et seq. 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 matters which might be dis closed by an accurate survey and inspection of the prop erty, any assessments, liens, easements, encumbrances, boundary line agreements, zoning ordinances, restric tions, covenants, and mat ters 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 claim ing 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 inspection 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 under signed that the person in pos session of such property is Bruce A. Bennett, or other 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 confir mation and audit of the status of the loan with the holder of the security deed. The undersigned will exe cute a deed to the purchaser as authorized by the afore mentioned loan deed. The following information is being provided in accordance with OCGA § 44-14-162.2. CertusBank, N.A., as assign ee 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 author ity to negotiate, 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 assign ee of the Federal Deposit Insurance Corporation, as receiver for First Georgia Banking Company, P.O. Box 2578, Carrollton, Georgia 30112; (770) 830-1233, Attn: Foreclosures. OCGA § 44-14-162.2 states in perti nent part that, “nothing in this subsection shall be construed to require a secured creditor to negotiate, amend, or mod ify the terms of a mortgage instrument.” THIS LAW FIRM IS ATTEMPTING TO COLLECT ADEBT. 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 recorded in Deed Book 280, Page 697, and last transferred and assigned to Branch Banking and Trust Company (“BB&T”) by assignment recorded in Deed Book 387, Page 160, Banks County, Georgia records, there will be sold at public outcry for cash to the highest bidder 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 (PoplarSprings) 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 corner being the TRUE POINT OF BEGINNING; thence continu ing in a southerly direction along the said right of way a distance of 110 feet to a point; thence in a westerly 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 for merly of Donald Bond; thence along the line of said Bond property, in an easterly direc tion, 405 feet to a point; said point being the True Point of Beginning. Said property herein decribed being imme diately to the south, and adja cent 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 follows: BEGINNING at the southeast corner of the prop erty 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 north erly parallel to Moccasin Gap Road 105 feet; thence east erly along the line of King property 405 fee to the begin ning corner, containing one (1) acre. The indebtedness secured by said Security Deed having been declared due and pay able 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 expenses of the sale, includ ing attorney’s fees, notice of intention to collect 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 author ity to negotiate, amend, and modify all terms of the mort gage 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) mat ters which would be disclosed by an accurate survey of the property; (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 under signed’s knowledge and belief, the party in posses sion is Brian L. Patterson and Ashley N. Patterson, a tenant or tenants, or parties claiming 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 ACTAND 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,MY1 P4) 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 cer tain 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 modified by Modification of Deed to Secure Debt recorded May 21, 2007, in Deed Book 305, Page 600, aforesaid records; as modified by Modification of Deed to Secure Debt record ed October 4, 2007, in Deed Book 313, Page 686, afore said records; as modified 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 further 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, amend ed and assigned from time to time, hereinafter referred to collectively as the “Security Deed”), said Security Deed being given to secure the pay ment of a promissory note dated September 14, 2006, made by Grantor to the order of First National Bank of Forsyth County in the princi pal 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, hereinafter referred to collec tively as the “Note”), together with all other amounts pay able 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 incorporated herein by this reference and made a part of this description. TOGETHER with all and singular, the improvements, fixtures, easements, her editaments, rights, members and appurtenances thereun to belonging or in anywise 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 par cel thereof, and all leasehold estates, usufructuary inter ests, and rights of Grantor in the Property, and all rights of Grantor as Lessor or Landlord under any lease or sublease letting or demising all or any portion of the Property or improvements, 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 per sonal property (the “Personal Property”) owned by Grantor and located on or at the Property or used in connec tion therewith, including machinery and equipment, furniture, furnishings and fix tures, and all inventory, and all right of claim with respect to the proceeds of insur ance 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 indebted ness remaining in default, the sale will be made for the pur pose 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 pro vided for under the Security Deed, including 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 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 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. Said Property will be sold as the property of Grantor subject to all unpaid real estate ad valorem taxes, governmental assessments and related liens and all prior restrictions, reservations, cov enants, 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 appearing 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 trans ferred 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 follow ing 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 pre pared 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 pos sible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as pro vided in the Security Deed and by law, including attor ney’s fees (notice of intent to collect attorney’s fees having been given). Said property is commonly known as 208 Athens Street, Homer, GA 30547 together with all fixtures and personal property attached to and con stituting a part of said property, if any. To the best knowledge and belief of the undersigned, the party (or parties) in pos session of the subject prop erty is (are): Kenneth Dodd or tenant or tenants. Wells Fargo Bank, NA is the entity or individual designated who shall have full author ity to negotiate, amend and modify all terms of the mort gage pursuant to established 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 outstand ing ad valorem taxes (includ ing 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 mat ters which might be disclosed by an accurate survey and inspection of the property, and (e) any assessments, liens, encumbrances, zoning ordinances, restrictions, cov enants, and matters of record superior to the Security Deed first set out above. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirma tion and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain pro cedures regarding the rescis sion of judicial and non-judicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided immediately above. Wells Fargo Bank, NA as agent and Attorney in Fact for Kenneth Dodd Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E. 500, Atlanta, Georgia (404) 994-7400. THIS LAW FIRM , Suite 30305, MAY BE ACTING AS A DEBT COLLECTOR 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 pur suant 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 fol lowing described property: All that tract or parcel of land lying and being in Land Lot 200 of the 448 GMD of Banks County, Georgia, con taining 5.595 acres, more or less, all as more fully shown on a plat of survey prepared for the Reinfried Armstrong Romanes Estate by Roy A. Terrell, R.L.S., dated December, 1978 and show ing Annie Nicholson as the property owner, which plat is recorded among Banks County, Georgia Records in Plat Book 7, Page 130, said plat being incorporated herein by reference for a more full and complete description. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of said indebted ness, among other possible events of default, this sale continued on following page
