About The Banks County news. (Homer, Banks County, Ga.) 1968-current | View Entire Issue (May 1, 2013)
PAGE 8B THE BANKS COUNTY WEDNESDAY, MAY 1, 2013 Public Notices Continued will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees (notice hav ing been given as provided by law). The property will be sold subject to the following: (1) all prior restrictive cov enants, easements, rights- of-way or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) the outstanding ad valorem taxes and assessments, if any; (5) unpaid water and sewage bills, that constitute liens against the property, whether due and payable or not yet due and payable; and (6) matters of record superior to the security deed first set out above. The entity with full authority to negotiate, amend and mod ify 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 num ber 706-776-5117. To the best of the under signed’s knowledge and belief, the party in possession is Gustavo Rodriguez or a tenant or tenants. 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 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 attempt ing to collect a debt, any information obtained will be used for that purpose. M. Keith York Kimzey, Kimzey & York P. O. Box 38 Cornelia, GA 30531 (706) 778-6823 (AP10,17,24,MY1B/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 there in, 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 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. SUBJECT TO ALL EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY 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 common ly known as 215 Wofford Creek Lane, Baldwin, GA 30511 together with all fix tures and personal property 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 property is (are): Joshua P McKinney 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 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 A DEBT 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 State of Georgia, County of Banks By virtue of the power of sale contained in that cer tain 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 original principal sum of NINETY NINE THOUSAND NINE HUNDRED SEVENTY SEVEN AND 0/100 DOLLARS ($99,977.00), 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 public outcry to the high est bidder for cash before the Courthouse door at BANKS County, Georgia, within the legal hours of sale on the first Tuesday in May, the prop erty described on Exhibit “A" attached hereto and incor porated 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 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 proper ty. 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 current beneficial owner of your loan. The servicer of this loan is BANK OF AMERICA, N.A.. The individual or enti ty that has full authority to negotiate, amend, and mod ify 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 creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument. Said property will be sold subject 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 matters which might be disclosed 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. 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. 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 infor mation obtained will be used for that purpose. EXHIBIT A 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 payment 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, modi fied by modifications record ed in Deed Book 331, 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 indebtedness referred to due and payable, and, acting 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 GMD 1580 Banks County, Georgia, con taining 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 incorporated herein for a more complete description. ALSO CONVEYED: Right of Way and easement for ingress and egress to and from that certain tract desig nated “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, running across that certain 39.195 acre parcel shown in Plat Book F, Page 72, Banks County, Georgia, Records. The street address of the property is Harmony Church Road, Baldwin, Georgia 30511. 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: 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 sub ject 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, over laps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. It is believed by the under signed that the person in pos session of such property is John Robin Haynes, 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 27th day of March, 2013. WIGGINS & CAMP, P.C. 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.MY1/B20612-90) 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 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 assign ment; the undersigned, Beneficial Financial I, Inc. s/b/m Beneficial Mortgage Co. of Georgia pursuant to said deed and the note there by 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 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, containing 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 property 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 fol lows: Beginning at a point on the center line of County Dirt Road #207, said point being 1489 Feet South, as measured along said cen ter line, from the intersec tion 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 distance 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 running 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 distance 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 conveyed to David W. Van Winkle by Billy Charles Nix recorded in Book 284, at Page 592 and containing .21 acres, more or less, as shown in Plat Book 18, Page 142, reference is hereby made to said plat for a more detailed description. 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, ref erence 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, refer ence 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, containing 1.00 acre, more or less, and Tract 2, contain ing 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, ref erence 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, contain ing 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 0 Westbrook Road, Commerce, Georgia., together with all fixtures and other personal property con veyed by said deed. The sale will be held sub ject to any unpaid taxes, assessments, rights-of-way, easements, protective cov enants 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 confir mation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention 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 negoti ate, 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 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 under signed 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/ kandrade 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, MY1B/1325-130T1P) gpnll Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Because of a default in the payment of the indebt edness secured by a Security Deed executed by ANDREW S. REED to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HOME STAR MORTGAGE SERVICES, LLC., and its suc cessors and assigns dated April 30, 2004, and recorded in Deed Book 237, Page 255, Banks County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverBank by Assignment, securing a Note in the original principal amount of $141,085.00, the holder thereof pursuant to said 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 Deed, will on the first Tuesday, May 7, 2013, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit: continued on following page
