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March 8, 2006 |
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Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Harry F. Montgomery to Mortgage Electronic Registration Systems, Inc., dated May 13, 2005, recorded in Deed Book 259, Page 169, Banks County, Georgia Records, as last transferred to Centex Home Equity Company, LLC, by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED SIXTY-ONE THOUSAND AND 0/100 DOLLARS ($261,000.00), with interest thereon as set forth 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 April, 2006, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 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 provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 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 disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Harry F. Montgomery or a tenant or tenants and said property is more commonly known as 556 Lord Rd, Commerce, Georgia 30530. 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 with the holder of the security deed. Centex Home Equity Company, LLC. as Attorney-in-Fact for Harry F. Montgomery McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehot-line.net MR/sb1 4/4/06 Our file no. 51951905-FT10 EXHIBIT A Situated in Commerce, Banks County, State of GA and being described as follows: All that tract or parcel of land lying and being in the 207th District, G. M., Banks County, Georgia, and being that 10.00 acres, more or less, as shown on a plat of survey prepared for Harry F. Montgomery by Max Lewallen, Registered Surveyor, dated January 2, 1996, recorded at Plat Book 20, Page 95, 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. Said property is bounded on the North by Bruce, Morgan & Lester; on the Northeast by Grisham; on the Southeast by right of way of Lord Road; on the Southwest by Alford; and on the West Harness. The above legal description being the same as the last deed of record, no boundary survey having been made at the time of this conveyance. Parcel #B67 032 Being the same property conveyed to Harry F. Montgomery, by deed from William E. Alford, dated 01-10-96, recorded 01-17-96, in Book 102, Page 775, in the Office of the Clerk of the Superior Court of Banks County, GA 556 Lord Road, Commerce, GA 30530 (MA8,15,22,29B/12062 7000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Stanton Truelove to Regions Mortgage, Inc., dated August 16, 2000, recorded in Deed Book 160, Page 459, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-EIGHT THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($98,800.00), with interest thereon as set forth 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 April, 2006, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 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 provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 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 disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Stanton Truelove or a tenant or tenants and said property is more commonly known as 199 Jake Shubert Dr, Homer, Georgia 30547. 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 with the holder of the security deed. Regions Bank dba Regions Mortgage as Attorney-in-Fact for Stanton Truelove McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehot-line.net MR/cjn 4/4/06 Our file no. 5430906-FT2 EXHIBIT A All that lot, tract, or parcel of land, together with improvements thereon, lying and being in the 465th District, Banks County, Georgia, and being Lots 12 and 13 as shown on the plat of survey by James M. Paul for Peter Tikotin, dated 04/27/78 and recorded in Plat Book 7, Page 71 of the Banks County, Georgia Plat Records, and which plat is hereby incorporated by reference for a more complete description of said property. Said property is conveyed subject to the restrictions contained in the warranty deed recorded in Deed Book 43, Page 227 of the Banks County, Georgia Deed Records. (MA8,15,22,29B/12062 5000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Lisa Payne and a/k/a Lisa Denise Payne to Mortgage Electronic Registration Systems, Inc., dated January 21, 2005, recorded in Deed Book 252, Page 5, Banks County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWO THOUSAND THREE HUNDRED SIXTY-TWO AND 0/100 DOLLARS ($102,362.00), with interest thereon as set forth 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 April, 2006, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 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 provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 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 disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Lisa Payne and a/k/a Lisa Denise Payne or a tenant or tenants and said property is more commonly known as 2157 Westbrook Road, Commerce, Georgia 30529. 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 with the holder of the security deed. Wells Fargo Bank, N.A. as Attorney-in-Fact for Lisa Payne and a/k/a Lisa Denise Payne Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehot-line.net DDP/aj1 4/4/06 Our file no. 5283006-FT5 EXHIBIT A All that tract or parcel of land lying and being in the 1206th District, G.M., Banks County, Georgia, and being that 2.91 acres, more or less, designated as Lot 24 on a plat of survey for Cedar Ridge Properties prepared by Max Lewallen, Registered Surveyor, dated December 17, 1987, recorded in Plat Book 13, Page 111, 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. (MA1,8,15,22B/12062 6000) Notice of Sale Notice of Sale Under Power Because of a default in the payment of the indebtedness secured by a Security Deed executed by Timothy S. Rice and Jennifer L. Rice to HomeSide Lending, Inc. now Washington Mutual Bank dated December 19, 2001, and recorded in Deed Book 191, Page 189, BANKS County Records, securing a Note in the original principal amount of $84,600.00, 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, April 4, 2006, 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: All that certain parcel of land situate in the City of Maysville, 465th District, G.M., County of Banks and State of Georgia being known and designated 0.459 acres, more or less, as shown on a plat of survey prepared for Timothy S. and Jennifer L. Rice by Roy A. Terrell, Registered Surveyor, dated August 21, 1996, recorded at Plat Book 21, Page 58, 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 more detailed description. Said property is bounded on the North by Lot 10; on the East by Lot 5; on the South by Lot 8; and on the West by 40 foot right of way of Fair Street. Said property is known as 127 Fair Street, Maysville, GA 30558, together with all fixtures and personal property attached to and constituting a part of said property, if any. 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, encumbrances, 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 confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed. Said property will be sold as the property of Timothy S. Rice and Jennifer L. Rice, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Timothy S. Rice and Jennifer L. Rice, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law. Washington Mutual Bank f/k/a Washington Mutual Bank, FA successor in interest to HomeSide Lending, Inc. as Attorney-in-Fact for Timothy S. Rice and Jennifer L. Rice File no. 06-0042 L. J. SWERTFEGER, JR. SHAPIRO & SWERTFEGER* Attorneys and Counselors at Law 2872 Woodcock Boulevard, Suite 100 Atlanta, GA 30341 (770) 220-2730/KS www.swertfeger.net *THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. (MA8,15,22,29B/1323 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Teresa G. Klassen to Mortgage Electronic Registration Systems, Inc., dated July 1, 2002, recorded in Deed Book 195, Page 337, Banks County, Georgia Records, as last transferred to Countrywide Home Loans, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-SIX THOUSAND AND 0/100 DOLLARS ($96,000.00), with interest thereon as set forth 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 April, 2006, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 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 provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 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 disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Teresa G. Klassen or a tenant or tenants and said property is more commonly known as 12 Comer Street, Maysville, Georgia 30558. 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 with the holder of the security deed. Countrywide Home Loans, Inc. as Attorney-in-Fact for Teresa G. Klassen Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehot-line.net DDP/axj 4/4/06 Our file no. 5253606-FT4 EXHIBIT A All that tract or parcel of land lying and being in the City of Maysville, 465th District, G.M., Banks County, Georgia, and being that 0.460 acres, more or less designated as Lot NO. 1 on a plat of survey prepared for James H. Stephens and Calvin V. Furches by Roy A. Terrell, Registered Surveyor, dated August 14, 1986, recorded at Plat Book 20, Page 47, 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. Said property is bounded on the East by Lot No. 2; on the south by Lot No. 10; on the West by Fair Street (40 foot right of way); and on the north by Ridgeway Road (60 foot right of way). (MA8,15,22,29B/12062 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Charles J. Cummiskey and Terry J. Cummiskey to Hamilton Financial Services Corporation, dated January 11, 2002, recorded in Deed Book 187, Page 147, Banks County, Georgia Records, as last transferred to Union Planters Bank, NA by assignment recorded in Deed Book 188, Page 846, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-SIX THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($96,100.00), with interest thereon as set forth 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 April, 2006, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 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 provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 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 disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Charles J. Cummiskey or a tenant or tenants and said property is more commonly known as Lot 1, New Image Drive, Lula, Georgia 30554. 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 with the holder of the security deed. Regions Bank dba Regions Mortgage sbm Union Planters Bank, NA as Attorney-in-Fact for Charles J. Cummiskey and Terry J. Cummiskey Daniel D. Phelan McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehot-line.net DDP/cjn 4/4/06 Our file no. 52044704-FT2 EXHIBIT A All that tract or parcel of land lying and being in the GMD 912, Banks County, Georgia, being Lot 1 of New Image Subdivision, as per plat recorded in Plat Book C, page 38, Banks County, Georgia Records, to which plat reference is made for a more detailed description. (MA8,15,22,29B/12062 5000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Jerry L. Dalton to Mortgage Electronic Registration Systems, Inc., dated October 29, 2004, recorded in Deed Book 247, Page 289, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED EIGHT THOUSAND AND 0/100 DOLLARS ($108,000.00), with interest thereon as set forth 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 April, 2006, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 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 provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 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 disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Jerry L. Dalton or a tenant or tenants and said property is more commonly known as 588 Wells Road, Homer, Georgia 30547. 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 with the holder of the security deed. Mortgage Electronic Registration Systems, Inc. as Attorney-in-Fact for Jerry L. Dalton McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehot-line.net MR/lb 4/4/06 Our file no. 5401006-FT1 EXHIBIT A All that tract or parcel of land together with improvements thereon lying and being in the 284th GMD, Banks County, Georgia, consisting of 4.445 acres, all as more fully shown by plat of survey by North Central Land Surveying, by Roy A. Terrell, Ga. Reg. No. 1700, dated July 2, 1991, recorded in Plat Book 16, Folio 135, in the Office of the Clerk of Superior Court of Banks County, Georgia, said plat being referred to and incorporated herein for a more complete description. Being the same property as that conveyed by Quitclaim Deed from Barbara A. Dalton to Dennis Gerald Dalton dated November 14, 1996 recorded in Deed Book 111, Page 658, Banks County records. Subject to Right of Way Easement dated March 6, 1995 recorded in Deed Book 96, Page 53, Banks County records. Subject to all easements, restrictions, reservations and rights of way of record, if any. (MA8,15,22,29B/12062 6000) Notice of Sale Notice of Sale Under Power State of Georgia County of Banks Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Tim Henderson and Tammy Henderson to Green Tree Financial Servicing dated 09/23/1999, and recorded in Deed Book 149, Page 146, Banks County Records, as last transferred to Green Tree Servicing, LLC, 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 April, 2006, by Green Tree Servicing, LLC, as Attorney-in-Fact for Tim Henderson and Tammy Henderson the following described property: All that tract or parcel of land lying and being in the 208th District G.M., Banks County, Georgia, and being known and designated as Lot 8, containing 2.23 acres, more or less, and being shown according to a plat entitled “ Final Plat for Lake View Acres,” dated January 30, 1997, by Max Lewallen, Registered Surveyor, said plat being recorded in Plat Book 15, page 54, in the Office of the Clerk of Superior Court of Banks County, Georgia, and being incorporated herein by reference for a more particular description. Property known as 399 Grove Level Rd, Commerce, GA 30529. The indebtedness secured by said Deed to Secure Debt having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purposes of paying the same and all expenses of sale, including attorney’s fees, (notice having been given as provided by law). The property will be sold as the property of The Aforesaid Grantors subject to the following: (1) all prior restrictive covenants, 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. To the best of the undersigned’s knowledge and belief, the party in possession is Tim Henderson and Tammy Henderson. Green Tree Servicing, LLC, as Attorney-in-fact for Tim Henderson and Tammy Henderson. This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose. Pendergast & Jones, P.C. South Terraces. Suite 1010 115 Perimeter Center Place Atlanta, GA 30346 770-392-0303 (MA8,15,22,29B/224 5000) 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 Brian W. Craig and Amanda Craig to Mortgage Electronic Registration Systems, Inc. dated the 14th day of September, 2005, in the amount of $351,000.00, and recorded in Deed Book 266, Page 465, BANKS County, Georgia Records as last transferred to JPMorgan Chase Bank, As Trustee by assignment; the undersigned, JPMorgan Chase Bank, As Trustee, 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 April, 2006, 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 265 GMD of Banks County Georgia, being 1.55 acres more or less as evidenced by Plat of survey by Max Lewallen, licensed Engineer and Surveyor, Georgia Registered Land Surveyor #2067, Recorded in Plat Book 26, Page 25 of the Banks County, Georgia Deed Records, said Plat being incorporated herein by reference. which has the property address of 1887 Yonah Homer Road, Lula, GA., 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, protective covenants 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 confirmation 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. Said property will be sold as the property of Brian W. Craig and Amanda Craig 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. JPMorgan Chase Bank, As Trustee Attorney-in-Fact for Brian W. Craig and Amanda Craig Anthony DeMarlo, Attorney/jmp McCurdy & Candler, L.L.C. (404) 373-1612 www.mccurdycandler.com File No. 200601452 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. (MA8,15,22,29B/1325 5000) Notice of Sale Notice of Sale Under Power Georgia, Jackson County Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Craig F. Sargent to Capital Mortgage Corporation, dated April 13, 2003, and recorded in Deed Book 13-A, Page 368, Jackson County, Georgia records, as last assigned to Capital Mortgage Corporation by assignment as recorded in Deed Book 13-B, Page 114, recorded in Jackson County, Georgia Records, conveying the after-described property to secure a Note of even date in the original principal amount of $12,805.00, 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in April, 2006, to wit: April 4, 2006, the following described property: ALL THAT TRACT or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, and designated as Tract No. 7 on a plat of survey entitled “Final Plat of Woodland Hills Estates”, prepared by Hambrick Surveying, Inc., dated May 25, 1990, and recorded at Plat Book 29, Page 289, Jackson County, Georgia Records, which reference is incorporated herein and made a part hereof. The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. 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 Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given). To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property known as Lot 7, 1.792 Acres, Woodland Hills, GA is Craig F. Sargent or tenant or tenants. 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) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc. The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) 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 nonjudicial 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 in the preceding paragraph. Capital Mortgage Corporation as attorney in fact for Craig F. Sargent Richard B. Maner Hudnall, Cohn and Abrams, P.C. 780 Johnson Ferry Road, Suite 250 Atlanta, Georgia 30342 (404) 256-1212 THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. F03-573 (MA8,15,22,29B/1322 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by Scott Dean Ebert to Option One Mortgage Corporation, dated October 29, 2004, recorded in Deed Book 247, Page 501, Banks County, Georgia Records, as last transferred to Deutsche Bank, National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2005-HE2 Mortgage Pass-Through Certificates, Series 2005-HE2 by assignment to be recorded in the Office of the Clerk of Superior Court of Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND AND 0/100 DOLLARS ($128,000.00), with interest thereon as set forth 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 April, 2006, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 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 provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 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 disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is Scott Dean Ebert or a tenant or tenants and said property is more commonly known as 147 Buckeye Pt, Commerce, Georgia 30530. 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 with the holder of the security deed. Deutsche Bank, National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2005-HE2 Mortgage Pass-Through Certificates, Series 2005-HE2 as Attorney-in-Fact for Scott Dean Ebert McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehot-line.net MR/lb 4/4/06 Our file no. 5365906-FT1 EXHIBIT A All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 207th District, G.M., Banks County, Georgia, designated as Lot 18, Block A, Phase 2 of Buckeye Trails Subdivision, as shown by plat and survey entitled “Preliminary Plan for Phase 2 of Buckeye Trails Subdivision,” prepared by Cornerstone Land Surveyors, certified by James R. Smith, GRLS No. 2407, dated January 19, 2000, as recorded in Plat Book 26, Page 116, in the Office of the Clerk of Superior Court of Banks County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference and for a more detailed description of the property. (MA1,8,15,22B/12062 6000) Notice of Sale Notice of Sale Under Power Georgia, Banks County THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Under and by virtue of the Power of Sale contained in a Security Deed given by James Johnson to Regions Mortgage, Inc., dated July 31, 2001, recorded in Deed Book 177, Page 44, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND NINE HUNDRED TWENTY AND 0/100 DOLLARS ($71,920.00), with interest thereon as set forth 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 April, 2006, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF 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 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 provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given). 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 disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above. To the best knowledge and belief of the undersigned, the party in possession of the property is James Johnson or a tenant or tenants and said property is more commonly known as 190 Loggins Rd, Commerce, Georgia 30530. 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 with the holder of the security deed. Regions Bank sbm Regions Mortgage, Inc. as Attorney-in-Fact for James Johnson McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehot-line.net MR/cjn 4/4/06 Our file no. 5368406-FT2 EXHIBIT A All that tract or parcel of land lying and being in the 465th GMD., Bank County, Georgia, and being Lot 22, as per plat or survey recorded in Plat Book 13, Page 99, Banks County, Georgia Records. Said plat as recorded, is hereby incorporated for a full and complete description. Subject to existing easements for public roads and utilities now in use. (MA8,15,22,29B/12062 5000) Inc. Notice Notice is given that Articles of Incorporation which will incorporate A & D WATER WORKS, INC. have been delivered to the Secretary of State for filing in accordance with the Georgia Business Corporation Code. The initial registered office of the corporation is located at 2543 Hwy. 441, Homer, GA 30547, and its initial registered agent at such address is Carolyn Vento. (MA8,15P2) Public Hearing The Department of Human Resources is soliciting applications by region from non-profit and public bodies interested in applying for funding under the Section 5310 Elderly and Disabled Transportation Program. To assure that the private sector has a fair and timely opportunity to participate in the development of this program, the Department of Human Resources solicits the private sector’s input and participation during the planning process. Any private for profit, non-profit, or public body interested in participation in this program should submit a written notice of intent no later than March 27, 2006. Disadvantaged Business Enterprises proposed goal and its rational are available for inspection during our normal business hours for thirty (30) days following the date of this notice. Comments on the goals will be accepted for 45 days from the date of this notice. Goals can be inspected at the following location: Georgia Department of Human Resources, Office of Facilities and Support Services, Transportation Services Section, 2 Peachtree Street, Suite 29.457, Atlanta, Georgia 30303-3142. Submit written notice to: Michele Nystrom Regional Transportation Office Department of Human Resources 1305 Redmond Circle Building 103 Rome, Georgia 30165. (MA8B/602 2000) Fountain Estate Georgia, Banks County Probate Court Notice The petition of Patsy Ruth Fountain, for a year’s support from the estate of Thomas J. Fountain, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before April 3, 2006 by 10:00 a.m., why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. WITNESS, the Hon. Betty Thomas, Judge By: Kathy Hill, Clerk of the Probate Court of Banks County (MA8,15,22,29P4) Cross Estate Probate Court of Banks County Notice Re: Petition of Evelyn S. Wyatt to probate in solemn form the will of Brumby Howard Cross, deceased, upon which an order for service was granted by this Court on February 14, 2006. TO: Catherine C. McDonald and Robert H. Cross and all and singular the heirs of said decedent, and to whom it may concern. This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before April 3, 2006, 10:00 a.m. BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds of any such objections. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. WITNESS, the Hon. Betty Thomas, Judge By: Kathy Hill Clerk, Probate Court of Banks County (MA8,15,22,29P4) Gunter Estate Probate Court of Banks County Notice Re: Petition of Ralph Gunter to probate in solemn form the will of Vance Elmer Gunter, deceased, upon which an order for service was granted by this Court on February 21, 2006. TO: Unknown heirs at law of Vance Elmer Gunter and all and singular the heirs of said decedent, and to whom it may concern. This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before April 3, 2006, at 10:00 a.m. TO: Diane Slaton, Cissy Carter, Ricky Gunter, Jerry Gunter, Evelyn Dodd, Curtis Campbell, Vickie Campbell, Carolyn Tilson This is to notify you to file objection, if there is any, on or before the thirteenth (13th) day after February 21, 2006 (the date of the mailing of this Notice to you by certified or registered mail, return receipt requested); provided, however, that if a return receipt for such Notice is actually received by the Court within such 13 days, the deadline for filing of any objection shall be ten (10) days from the date of receipt shown on such return receipt. BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds of any such objections. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing. WITNESS, the Hon. Betty Thomas, Judge By: Kathy Hill Clerk, Probate Court of Banks County (MA1,8,15,22,29P4) Notice Notice of Special Election To the Qualified Voters of Banks County NOTICE IS HEREBY GIVEN that a special election has been called and will be held on Tuesday, March 21, 2006, for the purpose of allowing the voters of Banks County to decide whether a special one percent (1%) sales and use tax shall be levied within Banks County for a period of six (6) years for the raising of approximately $18,000,000.00 for the purpose of funding certain capital outlay projects specified in the form of the ballot set forth below. The election will be conducted in all respects in accordance with provisions of the Georgia Election Code, and the election will be held at the regular polling places in Banks County between the hours of 7:00 a.m. to 7:00 p.m. on March 21, 2006. The ballot shall have written or printed thereon the following question: ( ) Yes ( ) No Shall a special one percent (1%) sales and use tax be imposed in Banks County for a period of time not to exceed twenty-four (24) calendar quarters (six (6) years) and for the raising of an estimated amount of Eighteen Million Dollars ($18,000,000.00) for the purpose of (1) acquiring, constructing and equipping a Banks County administrative building, renovating and equipping the Banks County Courthouse, acquiring, constructing, installing, and equipping wastewater facilities and sewer lines, renovating fire protection facilities and acquiring fire equipment, renovating recreational facilities and acquiring recreation equipment, improving and constructing roads and bridges, constructing, installing and equipping a water reservoir, water lines and facilities and retiring general obligation debt of Banks County incurred for the Thompson Street road project, all for Banks County; (2) acquiring, constructing and installing water facilities, water lines and water system equipment, acquiring fire protection facilities and equipment, and improving and constructing roads, all for the City of Homer; (3) repairing, constructing and equipping water and sewer lines and facilities, improving and constructing roads, and remodeling Maysville City Hall, all for the City of Maysville; (4) constructing and improving roads and constructing and repairing water lines for the City of Baldwin; (5) constructing and repairing water and sewer facilities and water and sewer lines for the City of Lula; and (6) constructing and improving roads for the Town of Alto. If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of Banks County in the principal amount of Twelve Million Dollars ($12,000,000.00) for the purpose of payment of a portion of the cost of the above projects and a portion of the interest on such debt. If the tax is approved by the voters and general obligation debt is issued the principal amount of the general obligation debt will not exceed $12,000,000.00 and the maximum rate of interest such general obligation debt will bear will not exceed 5.5% per annum. The amount of principal to be paid each year during the life of the general obligation debt is: Principal to be Paid - Year: $1,840,000 - 2007 $1,900,000 - 2008 $1,960,000 - 2009 $2,025,000 - 2010 $2,100,000 - 2011 $2,175,000 - 2012 All persons desiring to vote in favor of levying such tax shall vote “Yes,” and all persons desiring to vote against levying such tax shall vote “No.” If more than one-half (1/2) of the votes cast on such question are in favor of levying such tax, then such tax shall be levied in accordance with the provisions of O.C.G.A. Section 48-8-110 et seq. The last day to register to vote in this election shall be February 21, 2006, at 5 o’clock, p.m. Mail voter registration applications must be post marked on or before February 21, 2006. By: Betty Thomas, Probate Judge and Election Superintendent, Banks County, Georgia (FE15,22,MA1,8,15B/071 7000) Name Change Notice of Petition to Change Name Notice is hereby given that on the 9th day of February, 2006, DIONE MICHELLE DALTON filed a Petition in Banks County Superior Court seeking to change her name to DIONE MICHELLE HUGHES. Petitioner will bring the matter before the Court thirty (30) days after the filing date or as soon thereafter as possible. Any interested or affected party has a right to appear before the Court and file objections. (FE15,22,MA1,8P4) Notice To: Fellipe Hernandez You are notified, a divorce action in Civil Action No.: 06-CV-70X, was filed against you on February 8, 2006. Per Order of Service of Summons of Publication entered by the Court on February 9, 2006, you are commanded and required to file with the Clerk of Court and serve DAN T. PRESSLEY, SR., Plaintiff’s attorney, at P.O. Box 147, Toccoa, Georgia 30577, an answer to the petition within sixty (60) days of the date of the Order of Service by Publication. This 9 day of February, 2006. By: Tim Harper Clerk, Superior Court Banks County, Georgia (FE22,MA1,8,15P4) Henderson Estate Notice to Debtors and Creditors Georgia, Banks County All creditors of the Estate of MARY EVELYN HENDERSON, deceased, late of Banks County, are hereby notified to render their demands to the undersigned, according to law, and all persons indebted to said Estate are required to make immediate payment to me. This 22nd day of February, 2006. William Samuel Henderson, Jr., Executor of the Estate of Mary Evelyn Henderson c/o R. Thad McCormack, P.C. 1730 Thompson Bridge Road Gainesville, GA 30501 (MA1,8,15,22P4) Honomichl Estate Notice to Debtors and Creditors In Re Estate of: Celia Etta Honomichl, deceased, All creditors of the Estate of Celia Etta Honomichl, deceased, late of Jackson County, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to law, and all persons indebted to said estate are required to make immediate payment to me. This 10th day of February, 2006. Darlene J. Turnbow Executor of the Estate of Celia Etta Honomichl, deceased (MA1,8,15,22P3) Dalton Estate Notice to Debtors and Creditors All creditors of the Estate of Jerry Leon Dalton, deceased, late of Banks County, Georgia, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to us. This 15th day of February, 2006. Elizabeth Dalton Manross 1825 Rehoboth Church Rd. Griffin, GA 30224 (MA1,8,15,22P4) |
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