Newspaper Page Text
WEDNESDAY, APRIL 16, 2014
THE BANKS COUNTY NEWS
PACE 9A
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.
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Notice of Sale
Notice of Sale Under Power
Banks County
By virtue of a Power
of Sale contained in that
certain Security Deed
from LINDA FUGETT TO
BRANCH BANKING AND
TRUST COMPANY, dated
December 8,2006, recorded
January 12, 2007, in Deed
Book 297, Page 461, Banks
County, Georgia Records,
said Security Deed having
been given to secure a Note
of even date in the principal
amount of ONE HUNDRED
FIFTY THOUSAND
DOLLARS AND NO CENTS
($150,000.00), with inter
est thereon as provided for
therein, there will be sold at
public outcry to the highest
bidder for cash before the
courthouse door of Banks
County, Georgia, within the
legal hours of sale on the
first Tuesday in May 2014
by Branch Banking and
Trust Company, as Attorney
in Fact for Linda Fugett, all
property described in said
Security Deed including but
not limited to the following
described property:
SITUATED IN THE
COUNTY OF BANKS AND
STATE OF GEORGIA:
ALL THAT TRACT OR
PARCEL OF LAND
LYING AND BEING IN
THE 912TH (POPLAR
SPRINGS) G.M.D.
OF BANKS COUNTY,
GEORGIA, SHOWN AND
DESIGNATED AS LOT 1
OF PHASE 4 OF HUDSON
FALLS SUBDIVISION,
CONTAINING 4.42 ACRES,
MORE OR LESS, AS
SHOWN ON A PLAT OF
SURVEY PREPARED BY
RUSSELL N. BARTLETT,
R.S., UNDER DATE
OF MARCH 2, 1987,
A COPY OF SAID PLAT
BEING OF RECORD IN
THE OFFICE OF THE
CLERK OF SUPERIOR
COURT OF BANKS
COUNTY, GEORGIA, IN
PLAT BOOK 12, PAGE
168, TO WHICH SAID
PLAT AND THE RECORD
THEREOF REFERENCE
IS HERBY MADE FOR
A MORE COMPLETE
DESCRIPTION.
ALSO CONVEYED: A
NONEXCLUSIVE RIGHT
OF INGRESS AND
EGRESS OVER AND
THROUGH THE 60 FOOT
WIDE ROAD EASEMENT
AS SHOWN ON THE PLAT
REFERRED TO ABOVE
TO ITS TERMINUS AND
FROM SAID TERMINUS
TO SUBJECT PROPERTY
VIA A 30 FOOT WIDE
EASEMENT AS SHOWN
ON SAID PLAT. SAID
ROADWAYS LEADING
FROM MOCCASIN GAP
ROAD IN A NORTHERLY
AND NORTHEASTERLY
DIRECTION TO THE
ABOVE DESCRIBED
PROPERTY. SUBJECT
TO: AN EASEMENT OF
INGRESS AND EGRESS
IN FAVOR OF GRANTORS
AND THE OWNERS OF
ANY OTHER PROPERTY
SHOWN ON THE
AFOREMENTIONED PLAT
AND THE OWNERS OF
ALL OR ANY PART OF THE
REMAINING PROPERTY
ORIGINALLY PURCHASED
BY GRANTORS HEREIN
FROM GEORGE C.
CARSON AND PEYTON
C. ROBINSON, SAID
EASEMENT BEING
ALONG A 60 FOOT WIDE
STRIP RUNNING ONTO
THE PROPERTY HEREIN
CONVEYED FROM THE
BOUNDARIES OF SAID
PROPERTY WHICH ARE
LOCATED ALONG THE
CENTERLINE OF THE
ROADWAYS TO A LINE
WHICH IS PARALLEL TO
SAID BOUNDARIES, ALL
AS MORE PARTICULARLY
SHOWN BY PLAT
OF SURVEY DATED
OCTOBER 24, 1986.
SUBJECT TO: RIGHTS
OF UPPER AND LOWER
RIPARIAN OWNERS IN
AND TO THE WATERS
OF THE HUDSON
RIVER CROSSING
OR ADJOINING THE
PROPERTY, AND
THE NATURAL FLOW
THEREOF, FREE
FROM DIMINUTION
OR POLLUTION, AND
ALSO SAID RIGHT OR
CREEKS OR BRANCHES
CROSSING SAID
PROPERTY. SUBJECT
TO: DECLARATION
OF COVENANTS,
CONDITIONS, AND
RESTRICTIONS DATED
OCTOBER 31, 1986,
RECORDED IN DEED
BOOK 41, PAGES 3-10,
ON THE OFFICE OF
THE CLERK SUPERIOR
COURT OF BANKS
COUNTY, GEORGIA,
AS MODIFIED BY THE
FOURTH EXTENSION OF
SAID COVENANTS DATED
MAY 26, 1987, RECORDED
IN THE OFFICE OF THE
CLERK OF SUPERIOR
COURT OF BANKS
COUNTY, GEORGIA, IN
DEED BOOK 43, PAGE
636-643.
Said property being
known as 113 LITTLE
LANE, LULA, GEORGIA
30554 according to the pres
ent numbering system in
Banks County. The indebt
edness secured by said
Security Deed has been
and is hereby declared due
because of default under the
terms of said Security Deed
and Note, including but not
limited to the nonpayment
of the indebtedness as and
when due. The indebted
ness remaining in default,
this sale will be made for
the purpose of paying the
same, all expenses of the
sale, including attorneys’
fees and all other payments
provided for under the terms
of the Security Deed and
Note. Said property will be
sold subject to the following
items which may affect the
title to said property: any
superior Security Deeds of
record; all zoning ordinanc
es; matters which would be
disclosed by an accurate
survey or by an inspection
of the property; any out
standing taxes, including but
not limited to ad valorem
taxes, which constitute liens
upon said property; special
assessments; all outstand
ing bills for public utilities
which constitute liens upon
said property; all restric
tive covenants, easements,
rights-of-way and any other
matters of record superior to
said Security Deed.
To the best of the knowl
edge and belief of the
undersigned, the party in
possession of the property
is Linda Fugett and/or The
Estate of Linda Fugett or
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 confirmation
and audit of the status of
the loan. The name of the
person or entity who has
the full authority to negoti
ate, amend, and modify all
terms of the mortgage is:
Branch Banking and Trust
Company, 150 Stratford
Road, Suite 201, Winston-
Salem, NC 27104 TEL (866)
909-4852.
THIS LAW FIRM
IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
The Geheren Firm, P.C.,
4828 Ashford Dunwoody
Road, 2nd Floor, Atlanta,
GA 30338 TEL (678) 587-
9500.
(AP2,9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of
Sale contained in that cer
tain Security Deed from
HOWARD D. FRASER TO
BRANCH BANKING AND
TRUST COMPANY, dated
October 27, 2006, record
ed November 22, 2006,
in Deed Book 293, Page
323, Banks County, Georgia
Records, said Security Deed
having been given to secure
a Note of even date in the
principal amount of FIFTY-
ONE THOUSAND THREE
HUNDRED DOLLARS AND
NO CENTS ($51,300.00),
with interest thereon as pro
vided for therein, there will
be sold at public outcry to
the highest bidder for cash
before the courthouse door
of Banks County, Georgia,
within the legal hours of sale
on the first Tuesday in May
2014 by Branch Banking
and Trust Company, as
Attorney in Fact for Howard
D. Fraser, all property
described in said Security
Deed including but not limit
ed to the following described
property:
ALL THAT TRACT
OR PARCEL OF LAND
LYING AND BEING IN
THE 448TH GENERAL
MILITIA DISTRICT OF
BANKS COUNTY, CITY
OF BALDWIN, GEORGIA,
BEING SHOWN AND
DESIGNATED AS LOT 9,
PHASE 5 OF THE APPLE
PIE RIDGE SUBDIVISION,
CONTAINING 0.838
ACRES, MORE OR LESS
ON A PLAT OF SURVEY
PREPARED BY EDWIN
C. DAVIDSON, R.L.S.,
UNDER DATE OF JUNE
7, 2005, RECORDED IN
THE OFFICE OF THE
CLERK OF SUPERIOR
COURT OF BANKS
COUNTY, GEORGIA, IN
PLAT BOOK E, PAGES
142-145, TO WHICH SAID
PLAT AND THE RECORD
THEREOF, REFERENCE
IS HEREBY MADE FOR
A MORE COMPLETE
DESCRIPTION.
TOGETHER WITH A
PERMANENT NON
EXCLUSIVE EASEMENT
FOR INGRESS AND
EGRESS TO AND FROM
THE ABOVE DESCRIBED
PROPERTY VIA THE
COURSE OF THE
EXISTING SUBDIVISION
ROADS, AS SHOWN
ON THE PLAT OF
SURVEY REFERRED
TO ABOVE. SUBJECT
TO: RESTRICTIVE
COVENANTS FOR APPLE
PIE RIDGE RECORDED
IN THE OFFICE OF THE
CLERK OF SUPERIOR
COURT OF RANKS
COUNTY, GEORGIA, IN
DEED BOOK 193 PAGES
285-324 AND DEED BOOK
233 PAGES 1 & 2 AND
DEED BOOK 239 PAGES
128-132.
The indebtedness
secured by said Security
Deed has been and is here
by declared due because
of default under the terms
of said Security Deed and
Note, including but not lim
ited to the nonpayment of
the indebtedness as and
when due. The indebted
ness remaining in default,
this sale will be made for
the purpose of paying the
same, all expenses of the
sale, including attorneys’
fees and all other payments
provided for under the terms
of the Security Deed and
Note. Said property will be
sold subject to the following
items which may affect the
title to said property: any
superior Security Deeds of
record; all zoning ordinanc
es; matters which would be
disclosed by an accurate
survey or by an inspection
of the property; any out
standing taxes, including but
not limited to ad valorem
taxes, which constitute liens
upon said property; special
assessments; all outstand
ing bills for public utilities
which constitute liens upon
said property; all restric
tive covenants, easements,
rights-of-way and any other
matters of record superior to
said Security Deed.
To the best of the knowl
edge and belief of the
undersigned, the party in
possession of the prop
erty is Howard D. Fraser
or 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 confirmation and
audit of the status of the
loan.
The name of the per
son or entity who has the
full authority to negotiate,
amend, and modify all
terms of the mortgage is:
Branch Banking and Trust
Company, 150 Stratford
Road, Suite 201, Winston-
Salem, NC 27104 TEL (866)
909-4852.
THIS LAW FIRM
Be Smart.
Stay Alive.
Buckle Up.
IS ATTEMPTING TO
COLLECT A DEBT. ANY
INFORMATION OBTAINED
WILL BE USED FOR THAT
PURPOSE.
The Geheren Firm, P.C.,
4828 Ashford Dunwoody
Road, 2nd Floor, Atlanta,
GA 30338 TEL (678) 587-
9500.
(AP9,16,23,30P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
By virtue of a Power of
Sale contained in that cer
tain Security Deed from J.R.
BOSWELL to MORTGAGE
ELECTRONIC
REGISTRATION SYSTEMS
INC., AS NOMINEE
FOR TAYLOR, BEAN &
WHITAKER MORTGAGE
CORR, dated April 28, 2003,
recorded May 15, 2003,
in Deed Book 214, Page
306, Banks County, Georgia
Records, said Security
Deed having been given
to secure a Note of even
date in the original principal
amount of SEVENTY-TWO
THOUSAND AND 00/100
DOLLARS ($72,000.00),
with interest thereon as
provided for therein, said
Security Deed having been
last sold, assigned and
transferred to THE BANK
OF NEW YORK MELLON
FKA THE BANK OF NEW
YORK AS TRUSTEE FOR
THE BENEFIT OF THE
CERTIFICATEHOLDERS
OF THE CWABS,
INC., ASSET-BACKED
CERTIFICATES, SERIES
2004-BC5, there will be sold
at public outcry to the high
est bidder for cash at the
Banks County Courthouse,
within the legal hours of sale
on the first Tuesday in May,
2014, all property described
in said Security Deed includ
ing but not limited to the fol
lowing described property:
ALL THAT TRACT OR
PARCEL OF LAND LYING
AND BEING IN THE 465TH
DISTRICT, G.M., BANKS
COUNTY, GEORGIA,
BEING DESIGNATED AS
LOT NO. 30, AND BEING
MORE PARTICULARLY
DESCRIBED ON A PLAT
OF SURVEY PREPARED
FOR BRIAN E. BREWTON,
DATED MARCH 1, 1996,
REVISED DECEMBER
11, 1997, BY SLATE &
ASSOCIATES, INC.,
AND RECORDED IN
PLAT BOOK B, PAGE
101, BANKS COUNTY,
GEORGIA RECORDS,
WHICH RECORDED
PLAT IS HEREBY
INCORPORATED BY
REFERENCE AS A PARE
OF THIS DEED.
THIS PROPERTY IS A
PORTION OF THAT 37.65
ACRES, MORE OR LESS,
WHICH WAS CONVEYED
TO BRIAN BREWTON
FROM JAMES SHORT
BY WARRANTY DEED
DATED SEPTEMBER
28, 1993, RECORDED IN
DEED BOOK 82, PAGE
582, BANKS COUNTY,
GEORGIA RECORDS.
THIS CONVEYANCE IS
MADE SUBJECT TO ALL
ZONING ORDINANCES,
EASEMENTS AND
RESTRICTIONS OF
RECORD AFFECTING
SAID BARGAINED
PREMISES.
Said legal description
being controlling, how
ever the property is more
commonly known as 151
RIDGEWAY COURT,
MAYSVILLE, GA 30558.
The indebtedness
secured by said Security
Deed has been and is here
by declared due because
of default under the terms
of said Security Deed
and Note. The indebted
ness remaining in default,
this sale will be made for
the purpose of paying the
same, all expenses of the
sale, including attorneys’
fees (notice to collect same
having been given) and all
other payments provided
for under the terms of the
Security Deed and Note.
Said property will be sold
on an “as-is” basis without
any representation, warran
ty or recourse against the
above-named or the under
signed. The sale will also be
subject to the following items
which may affect the title:
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; matters
which would be disclosed
by an accurate survey or by
an inspection of the prop
erty; all zoning ordinances;
assessments; liens; encum
brances; restrictions; cov
enants, and any other mat
ters of record superior to
said Security Deed.
To the best of the knowl
edge and belief of the
undersigned, the owner and
party in possession of the
property is J.R. BOSWELL ,
or tenants(s).
The sale will be con
ducted subject (1) to con
firmation 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 entity having full
authority to negotiate,
amend or modify all terms
of the loan (although not
required by law to do so) is:
New Penn Financial, LLC
d/b/a Shellpoint Mortgage
Servicing as successor ser
vicer to Resurgent Mortgage
Servicing, a division of
Resurgent Capital Services,
L.P., Loss Mitigation Dept.,
MS# 101, 55 Beattie Place,
Ste 110, Greenville, SC
29601, Telephone Number:
800-365-7107.
THE BANK OF NEW
YORK MELLON FKA
THE BANK OF NEW
YORK AS TRUSTEE FOR
THE BENEFIT OF THE
CERTIFICATEHOLDERS
OF THE CWABS,
INC., ASSET-BACKED
CERTIFICATES, SERIES
2004-BC5 as Attorney in
Fact for J.R. BOSWELL
THE BELOW LAW
FIRM MAY BE HELD TO
BE ACTING AS A DEBT
COLLECTOR. UNDER
FEDERAL LAW. IF SO.
ANY INFORMATION
OBTAINED WILL BE USED
FOR THAT PURPOSE.
Attorney Contact: Rubin
Lublin, LLC, 3740 Davinci
Court, Suite 150, Peachtree
Corners, GA 30092
Telephone Number: (877)
813-0992 Case No. RSG-
10-11773-4
Ad Run Dates
04/09/2014, 04/16/2014,
04/23/2014, 04/30/2014
www.rubinlublin.com/
property-listings.php
(AP9,16,23,30B/18915-80)
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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
MEGAN E. WHITLOCK to
MORTGAGE ELECTRONIC
REGISTRATION
SYSTEMS, INC.
AS NOMINEE FOR
COUNTRYWIDE BANK,
FSB dated October 19,
2007, filed for record
November 7, 2007, and
recorded in Deed Book
315, Page 404, BANKS
County, Georgia Records,
as last transferred to
BANK OF AMERICA, N.A.
SUCCESSORBYMERGER
TO BAC HOME LOANS
SERVICING, LP FKA
COUNTRYWIDE HOME
LOANS SERVICING, LP
by assignment recorded in
Deed Book 368, Page 483,
BANKS County, Georgia
Records, said Deed to
Secure Debt having been
given to secure a Note
dated October 19, 2007 in
the original principal sum of
FORTY EIGHT THOUSAND
ONE HUNDRED ELEVEN
AND 0/100 DOLLARS
($48,111.00), with interest
from date at the rate stated
in said Note on the unpaid
balance until paid, there
will be sold by the under
signed 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, 2014, the following
described property:
THAT TRACT OR
PARCEL OF LAND LYING
AND BEING IN THE
265TH GMD OF BANKS
COUNTY, GEORGIA,
BEING LOT 10 AS SHOWN
ON A PLAT OF SURVEY
DATED OCTOBER 29,
1997, RECORDED IN
PLAT BOOK B, PAGE
148, BANKS COUNTY
RECORDS; SAID PLAT
BEING INCORPORATED
HEREIN BY REFERENCE
FOR A MORE COMPLETE
DESCRIPTION OF THE
PROPERTY.
TOGETHER WITH
AN IMPROVEMENT
AND IMMOVABLE
FIXTURE PERMANENTLY
ATTACHED THERETO,
A 2002 NATIONAL
MANUFACTURED
HOME, SERIAL NUMBER
PH1126GA18758AB. THE
HUD CERTIFICATION
# IS GEOI323522 &
GEOI323523 WHICH,
BY INTENTION OF
THE PARTIES SHALL
CONSTITUTE A PART OF
THE REALTY AND SHALL
PASS WITH IT.
To the best of the knowl
edge and belief of the
undersigned, the party in
possession of the property
is MEGAN E. WHITLOCK
or a tenant or tenants.
Said property is more com
monly known as: 1168
ERVIN CHAMBERS RD,
MAYSVILLE, GA 30558-
SI 05.
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 remain
ing in default, this sale will
be made for the purpose
of paying the same and
all expenses of this sale,
including attorney’s fees
(notice of intent to collect
attorney’s fees having been
given).
The individual or entity
that has full authority to
negotiate, amend, and mod
ify all terms of the loan is
BANK OF AMERICA, N.A.,
7105 CORPORATE DR,
PLANO, TX 75024-4100;
(800) 669-6650.
Said property will be sold
subject to any outstanding
ad valorem taxes (includ
ing 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 inspec
tion 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 con
ducted subject (1) to con
firmation 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. Pursuant
to O.C.G.A. Section 9-13-
172.1, which allows for cer
tain procedures regarding
the rescission of judicial and
nonjudicial sales in the State
of Georgia, the Deed Under
Power and other foreclosure
documents may not be pro
vided until final confirmation
and audit of the status of
the loan as provided in the
preceding paragraph.
Said property will be sold
as the property of MEGAN
E. WHITLOCK.
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 MEGAN
E. WHITLOCK
Phelan Hallinan & Jones,
LLC
303 Perimeter Center
North, Suite 800
Atlanta, GA 30346
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 17996
This law firm is acting
as a debt collector. Any
information obtained will
be used for that purpose.
(AP9,16,23,30B/20548-70T4P)
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Notice of Sale
Notice of Sale Under Power
Banks County
Pursuant to the Power of
Sale contained in a Security
Deed given by RANDALL B.
STEWART AKA RANDALL
BENNETT STEWART AND
JANICE B. STEWART AKA
JANICE BRADBERRY
STEWART TO MORTGAGE
ELECTRONIC
REGISTRATION
SYSTEMS, INC. as nomi
nee for ComUnity Lending,
Incorporated, a California
Corporation, DBA Mortgage
Partners dated 4/28/2006
and recorded in Deed
Book 280 Page 683, Banks
County, Georgia records;
as last transferred to or
acquired by Wells Fargo
Bank, NA, conveying the
after-described property to
secure a Note in the origi
nal principal amount of $
173,508.00, with interest at
the rate specified therein,
there will be sold by the
undersigned at public outcry
continued on following page
