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Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in the following
described instrument (hereinafter referred to as the "Security
Deed"):
Security Deed from Mitchell Gaddy and Juana Gaddy to Transland
Financial Services, Inc., dated February 14, 1997, recorded in
Deed Book 114, Page 223, Banks County Records, and modified by
Security Deed Modification Agreement dated September 29, 1997,
to be recorded, aforesaid records, as last transferred to Principal
Residential Mortgage, Inc. by assignment recorded, aforesaid
records,
conveying the after-described property to secure a Note in the
original principal amount of Eighty Three Thousand Two Hundred
Thirty One & No/100 Dollars ($83,231.00), 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 February, 2000, 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 the Security
Deed and by law, including attorney's fees (notice of intent
to collect attorney's 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 Mitchell Gaddy and Juana Gaddy
or a tenant or tenants and said property is more commonly known
as 244 Ivory Drive, Baldwin, Georgia 30511.
Principal Residential Mortgage, Inc., as Attorney-in-Fact for
Mitchell Gaddy and Juana Gaddy
Stanley H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
56 Perimeter Center East, N.E., Fifth Floor
Atlanta, Georgia 30346
(770) 453-8599
SHM/jkr 2/1/00
Our file no. 5911099-2-01481
The law firm is acting as a debt collector attempting to collect
a debt. Any information obtained will be used for that purpose.
Exhibit "A"
All that tract or parcel of land lying and being in Land Lot
203 of the 10th District of Banks County, Georgia, and being
Lot 14, Park Avenue Estates Subdivision, as per plat thereof
recorded in Plat Book 19, Page 55, Banks County, Georgia Records,
which plat is by reference incorporated herein and made a part
hereof.
(JA5,12,19,26B/930 5000)
Notice of Sale
Georgia, Habersham County
Whereas, heretofore on February 5, 1990, Barbara B. Orr, f/k/a
Barbara B. Tamblyn (a/k/a Barbara Berg; a/k/a Barbara Kling)
did execute and deliver to Habersham Bank a certain Deed to Secure
Debt recorded in the Office of the Clerk of Superior Court of
Banks County, Georgia, in Deed Book 58, Page 438; conveying the
following described property, to-wit:
All That Tract or parcel of land lying and being in the 465th
District, G.M., Banks County, Georgia, and on the northwest side
of Georgia Highway No. 98 (also known as Homer Street), and containing
4.782 acres, more or less, as shown by plat and survey of same
of Eddie A. Borders, Surveyor, dated December 11, 1980, said
plat being recorded in the Office of the Clerk of Superior Court
of Banks County, Georgia, in Plat Book 8, Page 173. Bounded,
according to said plat, on the north by lands of Guy Rucker,
on the east by Clyde Rucker, on the southeast by State Highway
No. 98, on the south by lands of Glenn Hooper and on the west
by lands of John Gowder and on the southwest by lands of Ben
O'Kelley. For a more detailed description to said tract, reference
is hereby made to said plat as recorded.
Subject To: Banks County Tax Fi. Fa. against Barbara Berg Kling,
dated September 27, 1999, recorded in the Office of the Clerk
of Superior Court of Banks County, Georgia, in General Execution
Lien Book 3, Page 245, in the original amount of $670.29.
Subject To: Deed to Secure Debt from Barbara B. Tamblyn to Ronnie
B. Jarrett, dated January 18, 1988, recorded in the Office of
the Clerk of Superior Court of Banks County, Georgia, in Deed
Book 47, Page 290, and transferred to First National Bank of
Gainesville by assignment dated January 18, 1988, and filed for
record on January 20, 1988, and recorded in Deed Book 47, Page
291, Banks County Records.
The above described land will be sold subject to all unpaid taxes.
Whereas, the Note secured by said Deed to Secure Debt has become
in default as to payment of the principal and interest, and Habersham
Bank has given notice of its intention to foreclose said Deed
to Secure Debt and claim attorney's fees as provided in said
Note and Deed to Secure Debt.
Now, Therefore, according to the terms of said Deed to Secure
Debt and the laws in such cases made and provided, the undersigned
will expose for sale to the highest and best bidder, for cash,
the above-described land, after proper advertisement, on the
first Tuesday in February, 2000, between the legal hours of sale
before the courthouse door in Homer, Banks County, Georgia. The
proceeds from said sale will be used first to pay the costs and
expenses of said sale, second to pay the indebtedness secured
by said Deed to Secure Debt, and the balance, if any, delivered
to the persons legally entitled thereto.
Please be advised that Adams, Ellard & Frankum, P.C., is
counsel for Habersham Bank regarding the above-referenced matter.
All information obtained will be used for the purpose of collecting
the referenced debt.
This 28th day of December, 1999.
Habersham Bank
By: s/Kathy Turpin
As Attorney-in-Fact
Barbara B. Orr, f/k/a Barbara B. Tamblyn, f/k/a Barbara Berg,
n/k/a Barbara Kling
(JA5,12,19,26INV)
Notice of Sale
State of Georgia
County of Banks
By virtue of a Power of Sale contained in the Security Deed from
Helen Carroll to Alliance Funding Company, a Division of Superior
Bank, FSB, and dated January 28, 1999, recorded in Deed Book
139, Page 662, Banks County Deed Records, given to secure a note
of that date in the original amount of Sixty Four Thousand Six
Hundred Dollars ($64,600.00) with interest on the unpaid balance
until paid; said Security Deed having last been assigned and
transferred to La Salle National Bank, as trustee Under the Pooling
and Servicing Agreement recorded in Deed Book __, Page __, Banks
County Deed Records, the following described property will be
sold at public outcry to the highest and best bidder for cash
at the Courthouse door of Banks County, Georgia, within the legal
hours of sale on the first Tuesday in February, 2000.
All that tract or parcel of land lying and being in GMD 284 of
Banks County, Georgia, being designated as Tract I, containing
1.02 acres, as shown on that certain survey for Sylvia Merrill
dated May 5, 1994, prepared by Russell N. Bartlett, GRLS Nor.
2114 as per plat recorded in Plat Book 18, Page 23, Banks County
Records, which plat is incorporated herein by this reference
and made a part of this description.
The debt secured by the above referenced Security Deed has been
declared due because of the default in the payment of said debt
per the terms of the note and other possible defaults by the
borrower(s) or the successor(s) thereto. The debt remaining in
default, this sale will be made for the purpose of paying the
debt and all expenses of this sale including attorney's fees.
The property will be sold as the property of the borrower(s),
subject to any outstanding taxes, assessments and other liens
superior to the Security Deed being foreclosed hereby.
To the best knowledge and belief of the undersigned, the above
described property is in the possession of the borrower(s) and/or
other persons with the consent and acquiescence of the borrower(s).
LaSalle National Bank, as Trustee under the Pooling and Servicing
Agreement dated January 28, 1999
Attorney-in-Fact for Helen Carroll
Philip L. Pleska, P.C.
Attorney at Law
900 Circle 75 Parkway
Suite 1220
Atlanta, GA 30339
(770) 933-9009
(JA5,12,19,26INV)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Banks
Because of a default in the payment of the indebtedness secured
by a Security Deed executed by Bevis Kenneth Simmons and Teresa
D. Simmons to First National Bank of Gainesville D/B/A The Mortgage
Source dated December 4, 1991, and recorded in Deed Book 68,
Page 542, Banks County Records, said Security Deed having been
last sold, assigned, transferred and conveyed to Dovenmuehle
Mortgage Company, L.P. by assignment dated September 26, 1992
and recorded in Deed Book 75, Page 19, and subsequently re-assigned
by Corrective Assignment dated October 1, 1999, aforesaid records,
securing a Note in the original principal amount of $85,500.00;
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, February 1, 2000, 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 tract or parcel of land lying and being in Land Lot
185 of the 10th Land District of Banks County, Georgia, containing
1.44 acres, more or less, according to Plat of Survey dated June
24, 1991, revised December 3, 1991, and recorded among Banks
County, Georgia Records in Plat Book 16, at Page 207, reference
to said plat being made for a more full and adequate description
of the tract herein described and conveyed.
Said property is known as Route 1 Box 374a Summit, Baldwin, GA
30511, 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 Bevis K. Simmons
and Teresa D. Simmons, the property, to the best information,
knowledge and belief of the undersigned, being presently in the
possession of Bevis K. Simmons and Teresa D. Simmons, 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.
Dovenmuehle Mortgage Company L.P., A Delaware Limited Partnership
by Dovenmuehle Mortgage Inc., A Delaware Corporation, Its Sole
General Partner, as Attorney-in-Fact for Bevis Kenneth Simmons
and Teresa D. Simmons
File no. 99-3093
L.J. Swertfeger, Jr.
Shapiro & Swertfeger
Attorneys and Counselors at Law
3300 Northeast Expressway
Suite 5-C
Atlanta, Georgia 30341-3941
(770) 220-2730/ks
The law firm is acting as a debt collector. Any information obtained
will be used for that purpose.
(JA5,12,19,26P4)
Notice
Notice of Publication
of Service
Petitioner: Rock Grant Wood and Victoria M. Wood
Respondents: J.R. Boswell; James Smith and Virginia L. Smith;
and/or Any and All Other Interested Parties, Known or Unknown,
With a Claim of Right, Title Or Interest In the Subject Property.
Banks County Superior Court, Civil Action No: 1999-CV-325X
Re: Petition to Quiet Title, Lots 7 and 8, Ridgeway Hills Subdivision,
Maysville, Banks County, Georgia (the "Subject Property").
Date Petition Filed: October 20, 1999
Date of Order for Publication: December 15, 1999
To: J.R. Boswell; James Smith and Virginia L. Smith; and/or Any
and All Other Interested Parties, Known or Unknown (The "Respondent"
in the Referenced Action - Petition to Quiet Title). Take Notice
that Rock Grant Wood and Victoria M. Wood, as Petitioner, has
caused to be filed, in the Superior Court of Banks County, Georgia,
a Petition to Quiet Title, in conjunction with the above referenced
parcel of land; under the provisions of O.C.G.A. §23-3-60,
et seq. Petitioner is seeking an order declaring that Petitioner
owns the property in Fee Simple, subject only to all valid liens
of record. For the specifics of such pleas for relief the parties
respondent must refer to the original petition and all other
pleadings filed with the court.
The Respondent is hereby noticed and commanded to be and appear
at the court in which this action is pending within 30 days of
the date of the Order for Service by Publication. The Petitioner
is to file any response or answer with the Clerk of the Superior
Court of the above referenced Court, at the address shown below:
Clerk of Superior Court of Banks County
Banks County Courthouse
P.O. Box 337
Homer, GA 30547
with a copy of such response or answer to be sent to the Attorney
for the Petitioner, whose name and address is: C. Terry Blanton,
Esq., Suite 1000, Wachovia Bank Building, 315 West Ponce de Leon
Avenue, Decatur, GA 30030.
Witness, The Honorable David Motes, Judge, Superior Court, Banks
County
Timothy Harper,
Clerk of Superior Court, Banks County, Georgia
/s/ Deputy Clerk
(JA12,19,26,FB2INV)
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