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NOTICE OF SALE UNDER POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF GILMER
Under and by virtue of the Power of Sale contained in the Deed to Secure Debt from Cartecay River Holdings, LLC to New Horizons Bank, dated June 9, 2009, and recorded in Deed Book 1555, Page 195 in the offices of the Clerk of the Superior Court of Gilmer County, Georgia; as assigned to Citizens South Bank in that certain Memorandum of Purchase and Assumption Agreement and Master Assignment, dated April 15, 2011, filed May 1, 2011 in Deed Book 1671, Page 10, aforesaid records (as same may have been modified from time to time, collectively the “Security Deed”), the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Gilmer County, Georgia, during the legal hours of sale, on the first Tuesday in June, 2013, the following described real property, to wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 77 AND 78, OF THE 26TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, AND BEING DESIGNATED AS TRACT 2, CONTAINING 31 ACRES, MORE OR LESS, AS PER PLAT PREPARED BY GREER DOVER, COUNTY SURVEYOR OF GILMER COUNTY, GEORGIA, DATED MARCH 1971 AND RECORDED IN PLAT BOOK 4, PAGE 103, GILMER COUNTY, GEORGIA RECORDS. SAID PLAT IS INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE LEGAL DESCRIPTION.
THIS CONVEYANCE IS MADE SUBJECT TO THE 20 FEET [SIC] WIDE RIGHT OF WAY TO THE ADJOINGING TRACT NO. 5 AS SET FORTH IN THE WARRANTY DEED FROM WILLIAM R. DAVIS TO FRANK C. DAVIS AND SHIRLEY J. DAVIS, DATED JULY 29, 1972, RECORDED IN DEED BOOK 54, PAGE 455, GILMER COUNTY, GEORGIA RECORDS.
THE ABOVE-DESCRIBED PROPERTY IS ALSO CONVEYED SUBJECT TO EASEMENT AGREEMENT DATED FEBRUARY 17, 2001, RECORDED IN DEED BOOK 757, PAGE 29, GILMER COUNTY, GEORGIA RECORDS, AND THE SAID PROPERTY IS SUBJECT TO EASEMENT AS SHOWN AT PLAT BOOK 36, PAGE 89, GILMER COUNTY, GEORGIA RECORDS.
LESS AND EXCEPT 10.40 ACRES OF THE ABOVE DESCRIBED PROPERTY HERETOFORE CONVEYED FROM MICHAEL J. FOX TO MARK A. SISSIONS AND CONSTANCE M. SISSIONS BY THAT CERTAIN WARRANTY DEED DATED JANUARY 2, 2009 AND RECORDED IN DEED BOOK 1519, PAGE 390 IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF GILMER COUNTY TO WHICH SAID DEED AND RECORD REFERENCE IS HEREBY MADE FOR COMPLETE BOUNDARIES AND DESCRIPTION.
The debt secured by the Security Deed is evidenced by a Renewal Note dated June 9, 2010, from Cartecay River Holdings, LLC to New Horizons Bank in the original principal amount of $98,599.30 05, as assigned to Citizens South Bank (as same has been reduced to a judgment as evidenced by that certain Default Judgment dated April 16, 2013 in Civil Action File No. 2012CV418RB, in the Superior Court of Gilmer County, State of Georgia, hereinafter referred to as the “Note”); plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of Cartecay River Holdings, LLC, the proceeds to be applied to the payment of said indebtedness, attorneys' fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned's knowledge and belief, the real property is presently owned by Cartecay River Holdings, LLC.
To the best of the undersigned's knowledge and belief, the party in possession of the real property is Cartecay River Holdings, LLC, and tenants holding under it.
Park Sterling Bank, successor by merger to Citizens South Bank, successor in interest to New Horizons Bank, as Attorney-in-Fact for Cartecay River Holdings, LLC.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
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NOTICE OF SALE UNDER POWER IN SECURITY DEED
STATE OF GEORGIA
COUNTY OF GILMER
Under and by virtue of the Power of Sale contained in the Deed to Secure Debt from Cartecay River Holdings, LLC to New Horizons Bank, dated June 9, 2009, and recorded in Deed Book 1555, Page 189 in the offices of the Clerk of the Superior Court of Gilmer County, Georgia; as assigned to Citizens South Bank in that certain Memorandum of Purchase and Assumption Agreement and Master Assignment, dated April 15, 2011, filed May 2, 2011 in Deed Book 1671, Page 10, aforesaid records (as same may have been modified from time to time, collectively the “Security Deed”), the undersigned will sell at public outcry to the highest and best bidder for cash before the door of the Courthouse of Gilmer County, Georgia, during the legal hours of sale, on the first Tuesday in June, 2013, the following described real property, to wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 162 AND 163, OF THE 11TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, AND BEING DESIGNATED AS LOT 22 OF RIDGEMONT SUBDIVISION, CONTAINING 1.5 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED ON PLAT OF SURVEY PREPARED FOR RIDGEMONT, BY MARK E. CHASTAIN, GRLS #2718, DATED FEBRUARY 12, 2004 AND RECORDED IN PLAT BOOK 42, PAGE 280C, GILMER COUNTY, GEORGIA RECORDS. SAID PLAT IS INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE LEGAL DESCRIPTION.
SUBJECT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS FOR RIDGEMONT, RECORDED IN DEED BOOK 1059, PAGE 410, GILMER COUNTY, GEORGIA RECORDS.
The debt secured by the Security Deed is evidenced by a Renewal Note dated June 9, 2010, from Cartecay River Holdings, LLC to New Horizons Bank in the original principal amount of $44,630.05, as assigned to Citizens South Bank (as same has been reduced to a judgment as evidenced by that certain Default Judgment dated April 16, 2013 in Civil Action File No. 2012CV418RB, in the Superior Court of Gilmer County, State of Georgia, hereinafter referred to as the “Note”); plus interest from date on the unpaid balance until paid, and other indebtedness.
Default has occurred and continues under the terms of the Note and Security Deed by reason of, among other possible events of default, the nonpayment when due of the indebtedness evidenced by the Note and secured by the Security Deed and the failure to comply with the terms and conditions of the Note and Security Deed. By reason of this default, the Security Deed has been declared foreclosable according to its terms.
The above-described real property will be sold to the highest and best bidder for cash as the property of Cartecay River Holdings, LLC, the proceeds to be applied to the payment of said indebtedness, attorneys' fees, and the lawful expenses of said sale, all as provided in the Note and Security Deed. The sale shall be subject to the following: all outstanding ad valorem taxes and/or assessments, if any; possible redemptive rights of the Internal Revenue Service, if any; and all prior assessments, easements, restrictions or matters of record.
To the best of the undersigned's knowledge and belief, the real property is presently owned by Cartecay River Holdings, LLC.
To the best of the undersigned's knowledge and belief, the party in possession of the real property is Cartecay River Holdings, LLC, and tenants holding under it.
Park Sterling Bank, successor by merger to Citizens South Bank, successor in interest to New Horizons Bank, as Attorney-in-Fact for Cartecay River Holdings, LLC.
M. Todd Westfall, Esquire
Howick, Westfall, McBryan & Kaplan, LLP
Suite 600, One Tower Creek
3101 Towercreek Parkway
Atlanta, Georgia 30339
(678) 384-7005
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NOTICE OF SALE UNDER POWER GEORGIA, GILMER COUNTY
By virtue of a Power of Sale contained in that certain Security Deed and Agreement from MATTHEW R. HENSON to Community & Southern Bank (by virtue of that certain Assignment of Security Instruments and Other Loan Documents, filed and recorded June 14, 2010 in Deed Book 1615, Page 301, GILMER COUNTY, Georgia Records, assignee of the Federal Deposit Insurance Corporation as receiver for Appalachian Community Bank and its division Gilmer County Bank) (“Community & Southern”), dated July 5, 2006, filed and recorded July 11, 2006 in Deed Book 1284, Page 97, Gilmer County, Georgia Records, and re-recorded September 13, 2006 in Deed Book 1306, Page 2, Gilmer County, Georgia Records (as amended, modified, or revised from time to time, “Security Deed”), said Security Deed having been given to secure a Note in the original principal amount of ONE HUNDRED SIXTY THOUSAND AND NO/100THS DOLLARS ($160,000.00) (as amended, modified, or revised from time to time, the “Note”), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of GILMER COUNTY, Georgia, within the legal hours for sale on the first Tuesday in June, 2013, all property described in said Security Deed, including, but not limited to, declarant's rights, if any, and, without limitation, the following described property (or so much thereof as has not, as of said first Tuesday, by duly executed and recorded instrument, previously been released from the lien of the Security Deed):
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 310 AND 311 IN THE 10TH DISTRICT AND 2ND SECTION OF GILMER COUNTY, GEORGIA. BEING MORE PARTICULARLY DESCRIBED AS 5.21 ACRES OF LAND AS SHOWN ON THAT PLAT OF SURVEY DONE BY CHASTAIN AND ASSOCIATES, P.C., MARK E. CHASTAIN G.R.L.S. 2718 AND DATED THE 18TH DAY OF MAY 2006, RECORDED IN PLAT BOOK 47, PAGE 132, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF GILMER COUNTY, GEORGIA, SAID PLAT BEING INCORPORATED HEREIN BY REFERENCE.
TOGETHER WITH THE RIGHT OF INGRESS AND EGRESS, ALL COVENANT, EASEMENTS, RESTRICTIONS, RIGHTS-OF-WAY, ZONING, LOCAL ORDINANCES, AND SUBDIVISION REGULATIONS AS SET FORTH IN SAID PLAT OF SURVEY OR AS APPEARING OF RECORD.
THIS BEING A PORTION OF THE PROPERTY CONVEYED TO PATSY MATTHEWS SOUTHERN FROM JEFFREY P. DEMONTIGNY BY WARRANTY DEED DATED THE 28TH DAY OF JULY, 1999 AND RECORDED IN DEED BOOK 670, PAGE 1, IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT OF GILMER GEORGIA.
THE ABOVE DESCRIBED PROPERTY IS THE SAME PROPERTY THAT WAS CONVEYED FROM PATSY HARRIS F/K/A PATSY MATTHEWS SOUTHERN TO MATTHEW R. HENSON BY WARRANTY DEED DATED THE 7TH DAY OF JUNE, 2006. SAID DEED IS RECORDED IN DEED BOOK 1284, PAGE 96, IN THE OFFICE OF THE CLERK OF SUPERIOR COURT OF GILMER COUNTY, GEORGIA.
The indebtedness 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 indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys' fees and 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: all zoning ordinances; matters which would be disclosed by an accurate survey or by inspection of the property; any outstanding taxes, including, but not limited to, ad valorem taxes, which constitute liens upon said property; special assessments; and all outstanding bills for public utilities which constitute liens upon said property; To the best of the knowledge and belief of the undersigned, the party in possession of the property is MATTHEW R. HENSON or tenant(s).
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the United States Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Community & Southern and its counsel are acting as debt collectors. Any information obtained will be used for that purpose.
Community & Southern as Attorney-in-Fact for MATTHEW R. HENSON
Contact: Guillermo Todd, Esq.
Busch, Slipakoff & Schuh, LLP
3330 Cumberland Boulevard, Suite 300
Atlanta, Georgia 30339
Telephone (770) 790-3550
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GEORGIA, GILMER COUNTY
NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT
By virtue of the Power of Sale contained in a Deed to Secure Debt dated January 24, 2012, from Johnathon Steven Smith, and recorded in Deed Book 1712, page 258, Gilmer County Records; said Deed to Secure Debt being given to secure a promissory note of even date, in the original principal amount of $50,000.00, with interest from date as stated therein; the holder thereof, Brewster D. Turley, will offer the property described below for sale at public outcry to the highest bidder for cash before the courthouse door at Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in June, 2013. The property is described as follows:
All that tract or parcel of land lying and being in Land Lot No. 1, District 11, Section 2, Gilmer County, Georgia, and being Tract No. 12, containing 3.43 acres, as shown on plat of PLEASANT GAP HILLS by Donald O. Babb, said plat dated June 1986, and recorded in Plat Book 14, page 131, Gilmer County Records, with reference made thereto for the purpose of incorporating same; together with all improvements, fixtures, shrubbery, including a 2002 Fleetwood double-wide mobile home residence located thereon.
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.
To the best information, knowledge and belief of the undersigned, the property is presently in the possession of Johnathon Steven Smith.
The property will be sold as the property of said Johnathon Steven Smith, and will be sold subject to all restrictions, liens, encumbrances, easements and other matters of record, if any, to which the Deed to Secure Debt is junior and inferior in terms of priority, and subject to any and all unpaid taxes or assessments relating to the property.
BREWSTER D. TURLEY, as attorney in fact for
JOHNATHON STEVEN SMITH
Clifford S. Lancey
Attorney at Law
15 North Avenue
Ellijay, Georgia 30540
(706) 276-2233
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NOTICE OF SALE UNDER POWER GEORGIA, GILMER COUNTY By virtue of a Power of Sale contained in that certain Security Deed from John Timothy Jones and Leigh Jones to Branch Banking and Trust Company, dated October 25, 2002, recorded October 31, 2002, in Deed Book 899, Page 396, Gilmer County, Georgia Records, and as modified, and as per Final Order recorded in Deed Book 1772, Page 260, Gilmer County, Georgia Records, said Security Deed having been given to secure a Note of even date in the principal amount of TWO HUNDRED EIGHTY-ONE THOUSAND EIGHT HUNDRED DOLLARS AND NO CENTS ($281,800.00), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in June 2013 by the secured creditor, Branch Banking and Trust Company, as Attorney in Fact for John Timothy Jones and Leigh Jones, all property described in said Security Deed including but not limited to the following described property: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 7, 8, 29 AND 30, 26TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, BEING TRACT 5, CONSISTING OF 40.00 ACRES, AS SHOWN ON PLAT OF SURVEY FOR JOHN TIMOTHY JONES, ET AL. SAID PLAT, DATED SEPTEMBER 21, 1998 BY JOEL JORDAN, GEORGIA REGISTERED LAND SURVEYOR NO. 2430, IS RECORDED IN PLAT BOOK 31, PAGE 289, GILMER COUNTY RECORDS, WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING SAME. AND ALSO, AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO THE PRIVATE RAVEL ROAD, HAVING A 60 FOOT WIDE RIGHT OF WAY, BEGINNING AT GEORGIA HIGHWAY 52, AND BEING IN LAND LOTS 7 AND 30, 26TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, AND CONSISTING OF 3.37 ACRES, AS SHOWN ON THE ABOVE-CITED PLAT. Said property being known as 23 Sam Hill Road, Ellijay, GA 30540 according to the present numbering system in Gilmer County. The indebtedness 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 indebtedness 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: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed. To the best of the knowledge and belief of the undersigned, the party in possession of the property is John Timothy Jones and Leigh Jones 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 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 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.
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NOTICE OF SALE UNDER POWER
GEORGIA, GILMER COUNTY
By virtue of the power of sale contained in a Security Deed from Philip Puckett to National Mortgage Corporation, a Colorado Corporation dated April 9, 1997 recorded in Deed Book 559, Page 197 , Gilmer County Records, and last assigned to JPMorgan Chase Bank, National Association s/b/m Chase Home Finance LLC s/b/m Chase Manhattan Mortgage Corporation, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-ONE THOUSAND ONE HUNDRED AND 00/100 ($71,100.00), 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 Gilmer County, Georgia, during the legal hours of sale on the first Tuesday, June 4, 2013 the following described property, to wit:
All that tract or parcel of land lying and being in the 10th District and 2nd Section of Gilmer County, Georgia, and being a part of Land Lot No. 284 and 293 and being more particularly described as containing 14.87 acres of land, more or less, as shown on a survey and plat made of the above described property, dated the 11th day of September, 1996, that was prepared by Lane S. Bishop, Georgia Registered Land Surveyor, No. 1575, for Philip Puckett. Said plat is recorded in Plat Book 27, Page 207, in the Office of the Clerk of the Superior Court for Gilmer County, Georgia. Said recorded plat is hereby made a part of this deed by reference thereto for a more complete description of the above described property.
There is located on the above described property one (1) residential dwelling.
Said property is conveyed subject to all easements, restrictions, and rights of way as set forth on said recorded plat or as appearing of record.
Included in this conveyance are water rights to the spring located southeast of the property herein conveyed, together with the right to lay, maintain and repair water pipe line, free of charge, from the spring to the property herein conveyed. Also, included with this conveyance is an easement and right of way of ingress and egress as described in this easement from Dorothy Caroll Sisson to Robert Griggs and Joan B. Griggs, dated August 31, 1978, and recorded in Deed Book 83, Page 433, Gilmer County Deed Records.
The Debt secured by said Security Deed has been and is hereby declared due because of nonpayment of the indebtedness when due and in the manner provided in the Note and Security Deed. The debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of 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, 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 Philip Puckett or, a tenant or tenants, and said property was or is commonly known as 170 Acorn Lane Ellijay, GA 30540.
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.
JPMorgan Chase Bank, National Association s/b/m Chase Home Finance LLC s/b/m Chase Manhattan Mortgage Corporation
As Attorney in Fact for
Philip Puckett
Martin & Brunavs
2800 North Druid Hills Rd.
Building B, Suite 100
Atlanta, GA 30329
(404) 982-0088
M&B File No.: 13-17991
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR, ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
5 9, 16, 23, 30C
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NOTICE OF SALE UNDER
POWER IN DEED TO SECURE DEBT
STATE OF GEORGIA
COUNTY OF GILMER
Under and by virtue of the Power of Sale in a certain Deed to Secure Debt from TIFFANY M. SELF, Grantor, to COMMUNITY BANK OF PICKENS COUNTY, Grantee, dated June 21, 2012, recorded in Deed Book 1740, pages 131-142, Gilmer County, Georgia records, said Deed to Secure Debt having been given to secure a Promissory Note dated June 21, 2012 in the principal amount of $90,000.00, there will be sold by the undersigned at public outcry, during the legal hours of sale before the door of the Courthouse of Gilmer County, Georgia, or at such other location as established by O.C.G.A. Section 9-13-161(c),on the first Tuesday in June, 2013, to-wit, June 4, 2013, to the highest and best bidder for cash, the following described property:
ALL THAT TRACT or parcel of land lying and being in Land Lot 260 of the 25th District, 2nd Section of Gilmer County, Georgia, being 1.65 acres according to that plat of survey of record in Plat Book 50, Page 43, Gilmer County, Georgia Records, said plat being incorporated herein by reference for a more complete and accurate description.
This conveyance is made together with a perpetual, non-exclusive easement for ingress, egress and utilities, said 20' wide ingress/egress easement being more particularly shown on the above-referenced plat of survey. This conveyance is made subject to all other easements and restrictions of record.
The debt secured by said Deed to Secure Debt and Note has been and is hereby declared due and payable in full because of non-payment pursuant to the terms of said Deed to Secure Debt and Note. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, and expenses of the sale and other sums secured by the Deed to Secure Debt, including attorney's fees, and the remainder, if any, shall be applied as provided by law.
To the best of the undersigned's knowledge and belief, the property is in the possession of TIFFANY M. SELF and the property will be sold as the property of TIFFANY M. SELF, subject to outstanding ad valorem taxes, street improvements, and easements or restrictions of record, if any. Said property is more commonly known as 921 Banks Road, Ellijay, Georgia 30540. The undersigned will execute a deed to the purchaser at said sale as provided by the Deed to Secure Debt.
COMMUNITY BANK OF PICKENS COUNTY as Attorney-in-fact for TIFFANY M. SELF
Phil M. Landrum, III
LANDRUM & LANDRUM
95 Stegall Drive
P. O. Box 400
Jasper, GA 30143
(706) 692-6464
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF GILMER
Under and by virtue of the power of sale contained in that certain Security Deed from DAVID REX TRAMMEL a/k/a DAVID TRAMMELL a/k/a REX TRAMMEL (the “Grantor”) to and in favor of DAN MCSWAIN (the “Lender”), dated October 16, 2009, filed October 21, 2009, recorded in Deed Book 1578, pages 443-458, Gilmer County records (the “Security Deed”), securing that certain Promissory Note from DAVID REX TRAMMEL to and in favor of Lender, dated October 16, 2009, in the original principal amount of FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000.00) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Gilmer County, Georgia, on the first Tuesday in June, 2013, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in Land Lot 238 of the 6th District, 2nd Section, Gilmer County, Georgia, and being shown as 10.62 acres of 12.59 acres, as shown on plat recorded in Plat Book 36, page 234, Gilmer County records, and being more particularly described as follows:
To find the true point of beginning, begin at the common corner of Land Lots 283, 284, 293, & 294, said district and section; thence south 87 degrees 21 minutes 57 seconds east 568.27 feet to an open top pipe; thence north 21 degrees 29 minutes 59 seconds east 218.15 feet to an iron pin set and the true point of beginning; from said true point of beginning, as thus established, north 08 degrees 12 minutes 47 seconds east 585.41 feet to an iron pin set on the south right of way of Ebenezer Road (County Road #110, a 30' right of way); thence continuing easterly and northeasterly along the southerly and southeasterly right of way of Ebenezer Road the following courses and distances: thence south 87 degrees 07 minutes 05 seconds east 24.33 feet; thence north 81 degrees 08 minutes 29 seconds east 52.13 feet; thence north 34 degrees 24 minutes 28 seconds east 56.66 feet; thence north 26 degrees 28 minutes 30 seconds east 69.92 feet; thence north 28 degrees 09 minutes 58 seconds east 171.65 feet; thence departing said right of way, south 32 degrees 06 minutes 49 seconds east 945.91 feet to an iron pin set; thence south 33 degrees 24 minutes 29 seconds west 374.21 feet to an iron pin set; thence north 87 degrees 34 minutes 04 seconds west 139.09 feet to an open top pipe; thence north 43 degrees 42 minutes 20 seconds west 243.82 feet to a one & 2" rod; thence north 13 degrees 22 minutes 42 seconds east 155.33 feet to a one & 2" rod; thence north 62 degrees 06 minutes 00 seconds west 254.06 feet to a point located in the center of Fern Valley Road (a 14' gravel road); thence south 40 degrees 34 minutes 27 seconds west 119.15 feet to an iron pin set in the center line of said road; thence continuing along the center line of said gravel road, south 33 degrees 06 minutes 00 seconds west 80.10 feet to an iron pin; thence continuing along the center line of said road, south 25 degrees 17 minutes 00 seconds west 28.95 feet to a point; thence continuing along the center line of said road, south 27 degrees 06 minutes 00 seconds west 34.46 feet to an iron pin set and the true point of beginning. Said tract is shown on plat of survey for Rex Trammel and Pam Trammel and designated as 10.62 acres of an original 12.59 acres tract by Mark E. Chastain, GA Registered Land Surveyor #2718, which original 12.59 acres is recorded in Plat Book 36, page 234, recorded May 4, 2001, Gilmer County, Georgia records, reference to which is made for purposes of a more adequate and complete description of said original tract. (The Land)
Together with all buildings, structures, improvements of every nature whatsoever now or hereafter situated on the property described hereinabove, and all fixtures, machinery, equipment, furniture, furnishings, inventory and personal property of every nature whatsoever now or hereafter owned by Borrower and located in on, or used or intended to be used in connection with or with the operation of said property, buildings, structures or other improvements, betterments, renewals, and replacements to any of the foregoing. All building materials, equipment, fixtures, fittings, and personal property of every kind or character now or hereafter acquired by the Borrower for the purpose of being used or useful in connection with the improvements located or to be located on the property described hereinabove, whether such materials, equipment, fixtures, fittings and personal property are actually located on or adjacent to said property or not, and whether in storage or otherwise, whosesoever the same may be located, including, but without limitation, all lumber, lumber products, bricks, building stones, and building blocks, sand and cement, roofing material paint, doors, window, hardware, nails, wires and wiring, plumbing and plumbing fixtures, heating and air condition equipment and appliances, electrical and gas equipment and appliances, pipes and piping, ornamental and decorative fixtures, furniture, ranges, refrigerators, dishwashers, disposals, and in general all building materials and equipment of every kind and character used or useful in connection with said improvements.
Together with all easements, rights of way, gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, heriditaments, and appurtenances whatsoever, in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by the Borrower, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, possession, claim, and demand whatsoever at law, as well as in equity, of the Borrower of, in and to the same, including but not limited to: (a) all rents, profits, issues and revenues of the Mortgaged Property from time to time accruing, whether under leases or tenancies now existing or hereafter created, reserving to Borrower, however, so long as no Event of Default exists hereunder or under any of the Loan Documents, the right to receive and retain the rents, issues, and profits thereof; and (b) all judgments, awards of damages, and settlements hereafter made resulting from condemnation proceedings or the taking of the Mortgaged Property or any part thereof under the power of eminent domain, or for any damage (whether caused by such taking or otherwise) to the Mortgaged Property or any part thereof, or to any rights, appurtenant thereto, including any award for change of grade or streets.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys' fees (notice of intention to collect attorneys' fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned's knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
DAN MCSWAIN
As Attorney-in-Fact for
DAVID REX TRAMMEL a/k/a DAVID TRAMMELL a/k/a REX TRAMMEL
Lynn M. Wilson
Attorney at Law
Morris, Manning & Martin, LLP
990 Hammond Drive
Suite 300
Atlanta, GA 30328
404-255-6900
MMM File: FC-115; 11 Fern Valley Rd
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STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Under and by virtue of the Power of Sale contained in a Security Deed given by Travis Fowler toGilmer County Bank , dated December 9, 2003 , recorded on December 16, 2003 in Deed Book 1015, Page 59, said Security Deed having been last sold, assigned, transferred and conveyed to OneWest Bank, FSB by Assignment conveying the after-described property to secure a Note in the original principal amount of $352,500.00, with interest thereon as set forth therein, 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 June 4, 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:
All that tract or parcel of land lying and being in Land Lot 74 of the 12th District, 2nd Section, Gilmer County, Georgia being 5.0 acres, more or less, as per Boundary Survey prepared for Travis Fowler, dated December 18, 2000 and prepared by Charles C. Franklin, G.R.L.S. No. 2143 and being more particularly described as follows:
To find the Point of Beginning, begin at an iron pin located at the intersection of the Southern land lot line of Land Lot 74, 12th District, 2nd Section, Gilmer County, Georgia and the Easterly side of the right-of-way of Georgia Highway 5 running thence South 88 Degrees 50 Minutes 26 Seconds East along the Southern land lot line of said Land Lot 74 for a distance of 1,696.23 feet to an iron pin and corner; running thence North 00 Degrees 57 Minutes 00 Seconds East for a distance of 1,427.33 feet to a 3/4 inch open top pipe and corner; running thence North 89 Degrees 00 Minutes 00 Seconds West a distance of 586.38 feet to the Point of Beginning; running thence South 01 Degrees 00 Minutes 00 Seconds West a distance of 309.76 feet to a point and corner; running thence South 82 Degrees 38 Minutes 40 Seconds West a distance of 742.29 feet to a point and corner in the centerline of a creek (Point A); running thence along the centerline of said creek a distance of 469 feet more or less to an iron pin found and corner (Point B); (The tie line from Point A to Point B is North 26 Degrees 36 Minutes 50 Seconds East a distance of 463.14 feet) running thence South 89 Degrees 00 Minutes 00 Seconds East a distance of 534.20 feet to the Point of Beginning.
Together with a twenty foot wide access easement across the property of Byron M. Fowler to the Southeast corner of the above described property.
Said property is known as 478 Fowler Farm Drive, Talking Rock, Georgia., together with all fixtures and personal property attached to and constituting a party of said property, if any.
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 negotiate, 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 Travis Fowler, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Travis Fowler or a tenant or tenants. Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission 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 of the audit of the status of the loan as provided immediately above.
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, without limitation, attorneys` fees. Notice has been given of intention to collect attorneys` fees and other charges in accordance with the terms of the Note secured by said Deed. The balance, if any, will be distributed as provided by law.
Pursuant to O.C.G.A. 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend, or modify all terms of the above-described mortgage is as follows:OneWest Bank 2900 Esperanza Crossing Austin, TX 78758 Phone Number: (800) 228-0530. The foregoing notwithstanding, nothing in O.G.C.A. 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument.
OneWest Bank, FSB
as Attorney in Fact for
Travis Fowler
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-12651 /FNMA/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.
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NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Annette S. Williams and Keith E. Williams to Wells Fargo Bank, N.A. dated 11/30/2006 and recorded in Deed Book 1333 Page 337, Gilmer 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 $ 92,547.00, 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 Gilmer County, Georgia, within the legal hours of sale on June 04, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 5 AND 32, OF THE 12TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, BEING 1.69 ACRES IDENTIFIED AS TRACT 32, WILDCAT CREEK SUBDIVISION, PHASE TWO, AS SHOWN ON A SURVEY RECORDED IN PLAT BOOK 34, PAGE 174, GILMER COUNTY, GEORGIA RECORDS, WHICH PLAT AND RECORD THEREOF ARE INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION OF SAID PROPERTY.
INCLUDED WITH THE REAL PROPERTY IS A 1999 GILE MANUFACTURED HOME VIN #GM01690AB, TITLE TO WHICH HAS BEEN SURRENDERED, AS EVIDENCED BY T234 RECORDED AT DEED BOOK 1319, PAGE 160, GILMER COUNTY, GEORGIA RECORDS.
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 is commonly known as 791 Wild Cat Creek Lane, Ellijay, GA 30540 together with all fixtures 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): Keith E. Williams and Annette S. Williams or tenant or tenants.
Wells Fargo Bank, NA is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage 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 outstanding ad valorem taxes (including 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 matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 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 Annette S. Williams and Keith E. Williams
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. 1000-667492630A
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NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Patricia G. Gavin to Mortgage Electronic Registration Systems, Inc. as nominee for Taylor, Bean & Whitaker Mortgage Corp. dated 1/30/2009 and recorded in Deed Book 1526 Page 307, Gilmer County, Georgia records; as last transferred to BANK OF AMERICA, N.A., conveying the after-described property to secure a Note in the original principal amount of $ 153,591.00, 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 Gilmer County, Georgia, within the legal hours of sale on June 04, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 236, 10TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, AND BEING TRACT 48 CONSISTING OF 1.44 ACRES, ON PLAT OF SURVEY FOR BRIAR CREEK ESTATES, DATED 9-24-87, PREPARED BY N. B. DELOACH, GRLS NO. 1347, RECORDED IN PLAT BOOK 16, PAGE 8, GILMER COUNTY, GEORGIA RECORDS, WHICH PLAT IS INCORPORATED AND MADE A PART HEREOF BY REFERENCE.
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 is commonly known as 160 Doe Run, Ellijay, GA 30540 together with all fixtures 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): Patricia G. Gavin or tenant or tenants.
Bank of America is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Bank of America
Home Loan Assistance Dept.
7105 Corporate Drive
Plano, TX 75024
(800) 846-2222
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 outstanding ad valorem taxes (including 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 matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 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.
BANK OF AMERICA, N.A. as agent and Attorney in Fact for Patricia G. Gavin
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. 1016-667496938A
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STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by David L. Green and Debra L. Green to Mortgage Electronic Registration Systems, Inc. as nominee for Community & Southern Bank, and its successors and assigns dated July 23, 2010, and recorded in Deed Book 1624, Page 272, Gilmer County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Central Mortgage Company by Assignment, securing a Note in the original principal amount of $254,000.00, 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, June 4, 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:
All that tract or parcel of land lying and being in Land Lot 15, 10th District, 2nd Section, Gilmer County, Georgia, consisting of 4.56 acres, as shown on Plat of Survey for Doug Mickey & Sally H. Mickey. Said plat, dated December 4, 2000, prepared by Mark E. Chastain, Georgia Registered Land Surveyor No. 2718, is recorded in Plat Book 36, Page 183, Gilmer County, Georgia Records with reference made thereto for the purpose of incorporating the same.
Conveyance of the above described property is made subject to the Restrictions and Covenants as set forth in a Warranty Deed from Richard D. Mickey to David L. Green, dated January 11, 2002, as filed of record in Deed Book 829, Page 202, Gilmer County, Georgia Records.
The above described property is the same property which was conveyed by Warranty Deed from David L. Green to David L. Green and Debra L. Green, dated September 17, 2003, as filed of record in Deed Book 992, Page 299, Gilmer County, Georgia Records.
Said property is known as 185 Cashes Valley Overlook, Cherry Log, GA 30522, 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 proceeds of said sale will be applied to the payment of said indebtedness and all expenses of said sale as provided in said Deed, and the balance, if any, will be distributed as provided by law.
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 secured creditor.
The property is or may be in the possession of David L. Green and Debra L. Green, successor in interest or tenant(s).
Central Mortgage Company as Attorney-in-Fact for David L. Green and Debra L. Green
File no. 11-024535
SHAPIRO, SWERTFEGER & HASTY, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/CH
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
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NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Mark B Little and Brandy R Little to Mortgage Electronic Registration Systems, Inc. as nominee for American Equity Mortgage, Inc. dated 8/31/2009 and recorded in Deed Book 1572 Page 102, GILMER County, Georgia records; as last transferred to Ocwen Loan Servicing, LLC, conveying the after-described property to secure a Note in the original principal amount of $ 234,025.00, 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 GILMER County, Georgia, within the legal hours of sale on June 04, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All that tract or parcel of land lying and being in Land Lot 249, 10th District, 2nd Section of Gilmer County, Georgia, consisting of 10.00 acres as shown on plat of survey for Richard L. Abernathy and Margie Abernathy. Said plat, dated June 1996, by Greer Dover, County Surveyor of Gilmer County, Georgia, is recorded in Plat Book 27, Page 159, Gilmer County Records, with reference made thereto for the purpose of incorporating same. Said tract is improved, having a single family residence located thereon, known as 282 Wimpy Road, Ellijay, GA 30540.
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 is commonly known as 282 Wimpy Road, Elljiay, GA 30540 together with all fixtures 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): Mark B Little and Brandy R Little or tenant or tenants.
GMAC Mortgage, LLC is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
GMAC Mortgage, LLC
Loss Mitigation
3451 Hammond Avenue
Waterloo, IA 50702
(800) 850-4622
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 outstanding ad valorem taxes (including 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 matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 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.
Ocwen Loan Servicing, LLC as agent and Attorney in Fact for Mark B Little and Brandy R Little
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. 1165-4944A
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NOTICE OF SALE UNDER POWER, GILMER COUNTY
Pursuant to the Power of Sale contained in a Security Deed given by Debra A. Barrineau and Tim M. Barrineau to Mortgage Electronic Registration Systems, Inc. as nominee for SunTrust Mortgage, Inc. dated 11/18/2005 and recorded in Deed Book 1205 Page 275, GILMER County, Georgia records; as last transferred to Federal National Mortgage Association, conveying the after-described property to secure a Note in the original principal amount of $ 191,200.00, 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 GILMER County, Georgia, within the legal hours of sale on June 04, 2013 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:
All that tract or parcel of land lying in Land Lot(s) 106, 107, 110, 111, 11th District, 2nd Section, Gilmer County, Georgia, and designated as Lot 3185, EAGLE'S MOUNTAIN RESORT, as shown on a plat of survey prepared by Burns L. Jeffries, RLS #2036, recorded in Plat Book 16, page 121, Gilmer County Records, to which reference is made for a complete and accurate legal description; together with all improvements, fixtures, shrubbery, including a single-family residence and appurtenances thereto.
This conveyance is subject to the covenants and restrictions for Eagle's Mountain Resort, Inc., as set forth in a document recorded May 17, 1984 in Deed Book 138, Page 448, Gilmer County Records, as supplemented by instruments recorded in Deed Book 143, page 721, Deed Book 168, page 340, and Deed Book 172, page 474, said records.
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 is commonly known as 282 Hillsdale Drive, Ellijay, GA 30540 together with all fixtures 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): Tim M. Barrineau and Debra A. Barrineau or tenant or tenants.
Seterus, Inc. is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage pursuant to established guidelines.
Seterus, Inc.
Loss Mitigation
PO Box 4121
Beaverton, OR 97076-4121
866.570.5277
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 outstanding ad valorem taxes (including 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 matters which might be disclosed by an accurate survey and inspection of the property, and (e) 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 to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) 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 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.
Federal National Mortgage Association as agent and Attorney in Fact for Debra A. Barrineau and Tim M. Barrineau
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. 1168-981A
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STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Donald J. Miller to Mortgage Electronic Registration Systems, Inc. as nominee for First Option Mortgage in the original principal amount of $75,000.00 dated 06/15/2010, and recorded in Deed Book 1620, page 225, Gilmer County records, said Security Deed being last transferred and assigned to U.S. Bank, National Association in Deed Book 1798, page 8, Gilmer County records, 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 of June, 2013 by U.S. Bank National Association aka U.S. Bank N.A, as Attorney-in-Fact for Donald J. Miller the following described property:
Parcel 1: All that tract or parcel of land lying and being in original Land Lot I of the 11th District and 2nd Section of Gilmer County, Georgia, consisting of 1.27 acres, as shown on plat of survey for Chuck Handte. Said plat, dated July 14, 1996, by Joel Jordan, GR.L.S. No. 2430, recorded in Plat Book 31, Page 170, as revised in Plat Book 36, Page 258, Gilmer County records, is incorporated herein by reference
Parcel 2: All that tract or parcel of land lying and being in original Land Lot I of the 11th District and 2nd Section of Gilmer County, Georgia, consisting of 1.29 acres, as shown on Plat of Survey for Karama Mortgage. Said plat, dated January 7, 1996, by - Joel Jordan, G.R.L.S. No. 2430, recorded in Plat Book 31, Page 170, Gilmer County records, is incorporated herein by reference.
Parcel 3: All that tract or parcel of land lying and being in original Land Lot 1 of the 11th District and 2nd Section of Gilmer County, , Georgia, consisting of 1.33 acres, as shown on Plat of - Survey for Mountaineer Land Co. Said plat, dated January 5, 1996, by Joel Jordan, G.R.L.S. No. 2430, recorded in Plat Book .31,.Page 171, Gilmer County records, is incorporated herein by reference.
Parcel 4: All that tract or parcel of land lying and being in original Land Lot 1 of the 11th District and 2nd Section of Gilmer County, Georgia, consisting of 1.29 acres, as shown on Plat of Survey for Chris McDaniel. Said plat, dated January 5, 1997. , by Joel Jordan, GR.L.S. No. 2430, recorded in Plat Book 31, Page 171, Gilmer County records, is incorporated herein by reference.
Parcel 5: All that tract or parcel of land lying and being in original Land Lot 1 of the 11th District. and 2nd Section of Gilmer County, Georgia, consisting of 1.47 acres, as shown on Plat of Survey for Chuck Handte. Said plat, dated July 14, 1996, by Joel Jordan, G.R.L.S. No. 2430, recorded in Plat Book 31, Page 172, Gilmer County records, is incorporated herein by reference.
Together with all rights, title and interest in the water rights to the spring as described in agreement between Glen Reece, et al. to Patricia W. Nesemeier, dated January 23, 1976. Recorded in Deed Book 69, Page 661, Gilmer County records, along with an easement for maintenance and location of water lines across other lands of Grantor.
Together with all rights, title and interest in the Boundary Line Agreement as described in the agreement between YAM, LLC a Georgia Limited Liability Company and Eddie D. Henson and James W. Waldrep, Jr., dated November 10, 2006, recorded in Deed Book 1325, Page 280, Gilmer County records.
Property Address: 976 Pleasant Gap Rd Ellijay, GA, 30540
Parcel ID: 3035 017A, 3035 017B, 3035 017C, 3035 017D, 3035 017E
Property known as: 976 Pleasant Gap Rd, Ellijay, GA 30540
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 Donald J. Miller 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.
U.S. Bank National Association aka U.S. Bank N.A holds the Note and referenced Security Deed and services the loan on behalf of Federal Home Loan Mortgage Corporation, the current owner of your loan. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
U.S. Bank National Association
4801 Frederica Street
Owensboro, KY 42301
PH: 800-365-7772
Pursuant to O.C.G.A Section 44-14-162.2, nothing contained in this Notice of Sale shall obligate any entity to negotiate, amend, or modify said indebtedness.
To the best of the undersigned's knowledge and belief, the party in possession is Donald J. Miller.
U.S. Bank National Association aka U.S. Bank N.A, as Attorney-in-fact for Donald J. Miller.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
115 Perimeter Center Place
South Terraces, Suite 1000
Atlanta, GA 30346
Phone - 770-392-0398
Toll Free - 866-999-7088
www.penderlaw.com
Our File No. 12-52801-1
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STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Leon Sweet to Mortgage Electronic Registration Systems, Inc. as nominee for U.S. Bank, N.A. in the original principal amount of $93,100.00 dated 04/16/2008, and recorded in Deed Book 1475, page 91, Gilmer County records, said Security Deed being last transferred and assigned to U.S. Bank National Association in Deed Book 1713, page 175, Gilmer County records, 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 of June, 2013 by U.S. Bank National Association aka U.S. Bank N.A., as Attorney-in-Fact for Leon Sweet the following described property:
All that tract or parcel of land lying and being in the 10th District and 2nd Section of Gilmer County, Georgia, and being a part of Land Lot No. 268 and being more particularly described as Lot No. 94, Riverbend Subdivision, containing 1.33 acres of land, more or less, as shown on a survey and plat made of the above described property, dated the 13th day December, 1996, that was prepared by Lane S. Bishop, Georgia Registered Land Surveyor No. 1575. Said plat is recorded in Plat Book 28, Page 138, in the Office of the Superior Court for Gilmer County, Georgia. Said recorded plat is hereby made a part of this deed by reference thereto for a more complete description of the above described property.
There is located on the above described property one (1) residential dwelling.
APN: 3093L 001
Property known as: 91 River Ranch Rd, Ellijay, GA 30540
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 Leon Sweet 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.
U.S. Bank National Association aka U.S. Bank N.A. holds the Note and referenced Security Deed and services the loan on behalf of Federal Home Loan Mortgage Corporation, the current owner of your loan. Pursuant to O.C.G.A. Section 44-14-162.2 the name of the person or entity who has the full authority to negotiate, amend, or modify the terms of the aforementioned indebtedness is:
U.S. Bank National Association
4801 Frederica Street
Owensboro, KY 42301
PH: 800-365-7772
Pursuant to O.C.G.A Section 44-14-162.2, nothing contained in this Notice of Sale shall obligate any entity to negotiate, amend, or modify said indebtedness.
To the best of the undersigned's knowledge and belief, the party in possession is Leon Sweet.
U.S. Bank National Association aka U.S. Bank N.A., as Attorney-in-fact for Leon Sweet.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
115 Perimeter Center Place
South Terraces, Suite 1000
Atlanta, GA 30346
Phone - 770-392-0398
Toll Free - 866-999-7088
www.penderlaw.com
Our File No. 13-00161-3
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NOTICE OF SALE UNDER POWER
GEORGIA, GILMER COUNTY
Because of default in the payment of the indebtedness, secured by a Security Deed executed by Michael B Martin and Jennifer Martin to Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Now, Inc., its successors and assigns dated June 19, 2009 in the amount of $189,370.00, and recorded in Deed Book 1561, Page 236, Gilmer County, Georgia Records; as last transferred to Nationstar Mortgage LLC by assignment; the undersigned, Nationstar Mortgage LLC 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 June, 2013 , during the legal hours of sale, at the Courthouse door in Gilmer County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract parcel of land lying and being in Land Lot 256 of the 11th District, 2nd Section, Gilmer County, Georgia and being designated as Lot 27 Old South Farms, Phase II, consisting of 0.99 acre, as shown on plat of survey for Old South Farms, Phase 2. Said plat dated December 15, 2005, by Jim Norton, Georgia Registered Land Surveyor No. 2260, is recorded in Plat Book 46, Page 247, Gilmer County Records, with reference made thereto for the purpose of incorporating the same.
Commonly known as 288 Tilly Farm Rd Ellijay, GA 30540
which has the property address of 288 Tilly Farm Rd, Ellijay, Georgia., 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. 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 negotiate, 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 Michael B Martin and Jennifer Martin 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.
Nationstar Mortgage LLC
Attorney in Fact for
Michael B Martin and Jennifer Martin
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 13-01024 /FHA/llawson
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.
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STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
IN DEED TO SECURE DEBT
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from Kenneth Alexander and Patricia Alexander to Bank of America, N.A. in the original principal amount of $417,000.00 dated 12/28/2007, and recorded in Deed Book 1446, page 133, Gilmer County records, 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 of June, 2013 by Bank of America, N.A., as Attorney-in-Fact for Kenneth Alexander and Patricia Alexander the following described property:
All that tract or parcel of land lying in Land Lots 215 and 218, 11th District, 2nd Section of Gilmer County, Georgia consisting of 23.69 acres as shown on survey of Allen Dale Hall GRLS #2609 for Melba Funk dated September 26, 2007 recorded in Deed Book 51, page 23, Gilmer County, Georgia Records, to which reference is made for a complete and accurate legal description.
Property known as: 366 Wood Oak Trail, Ellijay, GA 30540
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 Kenneth Alexander and Patricia Alexander 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.
Bank of America, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to your property. Bank of America, N.A., acting on behalf of and, as necessary, in consultation with Federal Home Loan Mortgage Corporation (the current investor on your loan), is the entity with the full authority to negotiate, amend, and modify all terms of your loan. Pursuant to O.C.G.A. Section 44-14-162.2, you may contact Bank of America, N.A. at:
Bank of America, N.A.
Home Loan Assistance Dept.
7105 Corporate Drive
Plano, TX 75024
PH: 800-669-6650
Please note that, pursuant to O.C.G.A Section 44-14-162.2, you are not automatically entitled by law to an amendment or modification of the terms of your loan.
To the best of the undersigned's knowledge and belief, the party in possession is Kenneth Alexander and Patricia Alexander.
Bank of America, N.A., as Attorney-in-fact for Kenneth Alexander and Patricia Alexander.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Associates, P.C.
115 Perimeter Center Place
South Terraces, Suite 1000
Atlanta, GA 30346
Phone - 770-392-0398
Toll Free - 866-999-7088
www.penderlaw.com
Our File No. 13-01364-1
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NOTICE OF FORECLOSURE SALE UNDER POWER
GILMER COUNTY, GEORGIA
THIS IS AN ATTEMPT 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 Alexis M. Fisher and Jane N. Fisher to SunTrust Mortgage, Inc., dated September 20, 2005, and recorded in Deed Book 1188, Page 14, last transferred to U.S. BANK NATIONAL ASSOCIATION as Trustee for STARM 2007-S1 by assignment recorded August 28, 2013 in Book 1751, Page 393, Gilmer County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Two Hundred Sixty Thousand and 0/100 dollars ($260,000.00), 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 Gilmer County, Georgia, within the legal hours of sale on June 4, 2013, the following described property:
All that tract or parcel of land lying and being in Land Lots 9 and 28, 26th District, 2nd Section of Gilmer County, Georgia consisting of 4.50 acres a s shown on plat of survey for Alexis and Jane Fisher, prepared by Joe Jordan GRLS No. 2430, recorded in Plat Book 45, Page 2, with Gilmer County, Georgia Records. Said plat is incorporated herein by reference for a more complete legal description.
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 attorney's fees (notice of intent to collect attorney's fees having been given).
Your mortgage servicer can be contacted at (800) 443-1032 - Loss Mitigation Dept, or by writing to PO Box 27767, Richmond, Virginia 23261, to discuss possible alternatives to avoid foreclosure.
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 Alexis M. Fisher and Jane N. Fisher and Kathryn A Fisher or tenant(s); and said property is more commonly known as 546 Stillhouse Creek Drive, Ellijay, GA 30540.
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.
U.S. BANK NATIONAL ASSOCIATION as Trustee for STARM 2007-S1 as Attorney in Fact for Alexis M. Fisher and Jane N. Fisher.
Brock & Scott, PLLC
4360 Chamblee Dunwoody Road Suite 310
Atlanta, GA 30341
888-726-9953
B&S file no.: 13-06076
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NOTICE OF SALE UNDER POWER GEORGIA, GILMER 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 David L Isom to Mortgage Electronic Registration Systems, Inc.as nominee for United Community Mortgage Services, INC., its successors and assigns, dated June 28, 2006, recorded in Deed Book 1287, Page 97, Gilmer County, Georgia Records, as last transferred to JPMorgan Chase Bank, National Association by assignment recorded in Deed Book 1782, Page 503, Gilmer County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED TWENTY THOUSAND AND 0/100 DOLLARS ($220,000.00), 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 Gilmer County, Georgia within the legal hours of sale on the first Tuesday in June, 2013, the following described property:All that tract or parcel of land lying and being in the 10th District and 2nd Section of Gilmer County, Georgia and being part of Land Lot Nos. 95 and 122 and being more particularly described as Lot No. 20 of the Amy Creek Subdivision, containing 4.05 acres of land, more or less, as shown on a survey and plat made of the above described property dated the 1st day of May, 1991, that was prepared by David W. Bealle Surveyors, Ltd. Said plat being incorporated herein and made a part of this deed by reference thereto for a more complete and accurate metes and bounds description. Said property is conveyed subject to all easements, restrictions and rights of way as set forth on said recorded plat, on revisions of said plat which are of record or as otherwise appearing of record. No Mobile Homes Shall Be Located On The Property. There is also conveyed herein the right to take, convey and use water from the certain well located on Lot No. 61 of the Amy Creek Subdivision. Said right to take, convey and use water for the purpose of providing residential water to Lot No. 20, herein conveyed is not a mere easement, but is a right running with the land and shall inure to the benefit of the Grantee herein, his heirs, executors, successors and assigns. In exchange for said perpetual easement, Grantee herein, his heirs, executors and assigns covenant with the Grantor herein, his heirs, executors, successors and assigns to pay the sum of $20.00 per month for said water easement privileges. The Grantee herein, his heirs, executors and assigns herein the right to alter or increase said water fee after property notice to Grantee (60 days) and in conformity with increases in similar situated properties. Being and intended to be the same property conveyed by Warranty Deed from Jimmie O. Jones in favor of Thomas A. Haney and being recorded in Deed Book 580, Page 45, Gilmer County Deed Records. 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 attorney’s fees (notice of intent to collect attorney’s fees having been given). JPMorgan Chase Bank, National Association holds the Note and Security Deed to the above-referenced property and services the above-referenced loan on behalf of the current owner of the loan: Federal National Mortgage Association (“Fannie Mae”). »JPMorgan Chase Bank, National Association can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure, and has the authority to negotiate, amend or modify the terms of the loan. 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 David L Isom and Nancy L. Isom or a tenant or tenants and said property is more commonly known as 551 Amy Creek Circle, Ellijay, Georgia 30540. 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. JPMorgan Chase Bank, National Association as Attorney in Fact for David L Isom Johnson & Freedman, LLC 1587 Northeast Expressway Atlanta, Georgia 30329 (770) 234-9181 www.jflegal.com MSP/lnc 6/4/13 Our file no. 1361213-FT20
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Notice of Sale Under Power. State of Georgia, County of GILMER. Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CURTIS KELLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), AS NOMINEE FOR PINE STATE MORTGAGE CORPORATION, A GEORGIA CORPORATION , dated 03/24/2003, and Recorded on 04/04/2003 as Book No. 942 and Page No. 341, GILMER County, Georgia records, as last assigned to WELLS FARGO BANK, N.A. (the Secured Creditor), by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $120,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the GILMER County Courthouse within the legal hours of sale on the first Tuesday in June, 2013, the following described property: ALL THAT TRACT OF LAND LYING AND BEING IN LAND LOT 285 OF THE 26TH DISTRICT, 2ND SECTION OF GILMER COUNTY, BEING 2.22 ACRES, MORE OR LESS, AS SHOWN ON PLAT OF SURVEY DATED JUNE 21, 1994 BY BURNS L. JEFFRIES, REGISTERED LAND SURVEY NO. 2036, AND RECORDED AT PLAT BOOK 24, PAGE 102, GILMER COUNTY RECORDS, SAID PLAT BEING REFERRED TO AND MADE A PART OF THIS DESCRIPTION.
SUBJECT TO RESTRICTIVE CONVENANTS RECORDED AT DEED BOOK 71, PAGE 586, GILMER COUNTY RECORDS. 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. Because the debt remains 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). WELLS FARGO BANK, N.A. holds the duly endorsed Note and is the current assignee of the Security Deed to the property. WELLS FARGO HOME MORTGAGE, INC., acting on behalf of and, as necessary, in consultation with WELLS FARGO BANK, N.A. (the current investor on the loan), is the entity with the full authority to negotiate, amend, and modify all terms of the loan. Pursuant to O.C.G.A. § 44-14-162.2, WELLS FARGO HOME MORTGAGE, INC. may be contacted at: WELLS FARGO HOME MORTGAGE, INC., 3476 STATEVIEW BLVD., MAC#7801-014, FT MILL, SC 29715, 803-396-6000. Please note that, pursuant to O.C.G.A. § 44-14-162.2, the secured creditor is not required to amend or modify the terms of the loan. To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 767 MOON CREST RIDGE, ELLIJAY, GEORGIA 30540 is/are: CURTIS KELLEY or tenant/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; and (2) 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. WELLS FARGO BANK, N.A. as Attorney in Fact for CURTIS KELLEY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120183900040 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
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NOTICE OF SALE UNDER POWER STATE OF GEORGIA COUNTY OF GILMER Under and by virtue of the power of sale contained with that certain Security Deed dated July 26, 2006, from Marcelino Roblero to Mortgage Electronic Registration Systems, Inc., as nominee for Market Street Mortgage Corporation, recorded on August 4, 2006 in Deed Book 1292 at Page 6 and Re-Recorded on October 30, 2006 in Deed Book 1320 at Page 190, Gilmer County, Georgia Records, having been last sold, assigned, transferred and conveyed to JPMorgan Chase Bank, National Association by Assignment and said Security Deed having been given to secure a note dated July 26, 2006, in the amount of $57,990.00, said note being in default, the undersigned will sell at public outcry during the legal hours of sale before the door of the courthouse of Gilmer County, Georgia, on June 4, 2013, the following described real property (hereinafter referred to as the "Property"): ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 178 OF THE 11TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, BEING LOT 12, PEACH ORCHARD PLACE SUBDIVISION, AS PER PLAT RECORDED IN PLAT BOOK 26, PAGE 59, GILMER COUNTY RECORDS, WHICH PLAT IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE A PART OF THIS DESCRIPTION; BEING KNOWN AS 118 PEACH ORCHARD LANE, ACCORDING TO THE PRESENT SYSTEM OF NUMBERING IN GILMER COUNTY, GEORGIA. TOGETHER WITH AN IMPROVEMENT AND IMMOVABLE FIXTURE PERMANENTLY ATTACHED THERETO, AN IGNITOR LX, MODEL # 2819602832 MANUFACTURED HOME, SERIAL NO. HMST 15784 ABGA. The debt secured by the Security Deed and evidenced by the Note and has been, and is hereby, declared due and payable because of, among other possible events of default, failure to make the payments as required by the terms of the Note. The debt remaining is in default and this sale will be made for the purposes of paying the Security Deed, accrued interest, and all expenses of the sale, including attorneys' fees. Notice of intention to collect attorneys' fees has been given as provided by law. To the best of the undersigned's knowledge, the person(s) in possession of the property is/are Marcelino Roblero. The property, being commonly known as 118 Peach Orchard Lane, Ellijay, GA 30540 in Gilmer County, will be sold as the property of Marcelino Roblero, subject to any outstanding ad valorem taxes (including taxes which are a lien and not yet due and payable), any matters affecting title to the property which would be disclosed by accurate survey and inspection thereof, and all assessments, liens, encumbrances, restrictions, covenants, and matters of record to the Security Deed. Pursuant to O.C.G.A.Section 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows: JP Morgan Chase Bank, National Association, 7757 Bayberry Road, Jacksonville, FL 32256, 1-866-349-3540 .The foregoing notwithstanding, nothing in O.C.G.A. Section 44-14-162.2 shall require the secured creditor to negotiate, amend or modify the terms of the mortgage instrument. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under U.S. Bankruptcy code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Albertelli Law Attorney for JPMorgan Chase Bank, National Association as Attorney in Fact for Marcelino Roblero 100 Galleria Parkway, Suite 960 Atlanta, GA 30339 Phone: (866) 690-0418 A-4383226
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NOTICE OF SALE UNDER POWER GEORGIA, GILMER 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 Patrick L Skinner and Susan J Skinner to Mortgage Electronic Registration Systems, Inc., dated May 11, 2007, recorded in Deed Book 1381, Page 408, Gilmer County, Georgia Records, as last transferred to Branch Banking and Trust Company by assignment recorded in Deed Book 1796, Page 74, Gilmer County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED NINETY-TWO THOUSAND AND 0/100 DOLLARS ($292,000.00), 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 Gilmer County, Georgia, or at such place as may be lawfully designated as an alternative, within the legal hours of sale on the first Tuesday in June, 2013, 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 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. Branch Banking and Trust Company is the holder of the Note and Security Deed to the property in accordance with OCGA § 44-14-162.2. The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Branch Banking & Trust Company, 301 College Street, PVN #101729, Greenville, SC 29601, 800-827-3722. To the best knowledge and belief of the undersigned, the party in possession of the property is Patrick L Skinner and Susan J Skinner or a tenant or tenants and said property is more commonly known as 561 Cox Creek Road, Ellijay, Georgia 30540. 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. Branch Banking and Trust Company as Attorney in Fact for Patrick L Skinner and Susan J Skinner McCalla Raymer, LLC 1544 Old Alabama Road Roswell, Georgia 30076 www.foreclosurehotline.net MR/sju 6/4/13 Our file no. 5171413-FT15 EXHIBIT “A” All that tract or parcel of land lying and being in Land Lot 26, 11th District, 2nd Section of Gilmer County, Georgia, consisting of 5.15 acres, more or less, as shown on plat of survey for Sam O. Penland, III and Marcie D. Penland. Said plat, dated April 5, 1993, by Robert D. Hyatt, GRLS #2297, is recorded in Plat Book 22, page 196, Gilmer County Georgia Records. Said plat is incorporated herein by reference for a more complete and accurate metes and bounds description; together with all improvements, fixtures, shrubbery, including a single-family residence and appurtenances thereto. Being the same property shown on plat of survey for Gene L. Fowler and Nancy E. Fowler in Plat Book 34, Page 188, Gilmer County, Georgia Records. MR/sju 6/4/13 Our file no. 5171413 - FT15
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STATE OF GEORGIA
COUNTY OF GILMER
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 10, 2007, executed by Christopher Gill to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for Appalachian Community Bank, recorded in Deed Book 1419, Page 130, Gilmer County, Georgia Deed Records, and securing a Note in the original principal amount of $207,000.00, said Security Deed last having been assigned to Cenlar FSB, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in June, 2013, to-wit: June 4, 2013, during the legal hours of sale, before the Gilmer County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying and being in Land Lot 4, 26th District, 2nd Section of Gilmer County, Georgia, consisting of 6.55 acres and being Tracts 26, 27 and 28 of the Stephanie Rynne Property, as shown on plat of survey for Darlene B. Cornett and Walter W. Asher. Said plat, dated September 8, 1993, by Lane S. Bishop, GRLS #1575, is recorded in Plat Book 23, page 91, Gilmer County, Georgia Records, with reference made thereto for the purpose of incorporating same.
The aforedescribed real property is also known as 547 Canaan Road, Ellijay, GA 30540, according to the present system of numbering houses in Gilmer County, Georgia.
This 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 as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
The name, address and telephone number of the individual or entity with full authority to negotiate, amend and modify all terms of the Note and Security Deed is Cenlar FSB, 425 Phillips Boulevard, Ewing, NJ 08618. The telephone number is 1-800-242-7178.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet 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 real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of CHRISTOPHER GILL 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 Security Deed and the excess proceeds, if any, will be distributed as provided by law.
CENLAR FSB
as Attorney-in-Fact for
CHRISTOPHER GILL
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF GILMER
Under and by virtue of the power contained in a Deed to Secure Debt executed by Joanna L. Abercrombie, dated February 2, 2007, and recorded February 7, 2007, in Deed Book 1349, Pages 437-443, Gilmer County, Georgia Records, there will be sold at public outcry before the Gilmer County Courthouse door in Ellijay, Georgia, by Roy Abercrombie, as agent in fact for Joanna L. Abercrombie, during the legal hours of sale on the first Tuesday in June, 2013, to the highest and best bidder for cash, the following described property, to wit:
ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 81, 11th District, 2nd Section of Gilmer County, Georgia, consisting of 1.00 acre, as shown on plat of survey for Tom Glausier. Said plat, dated May 6, 2004, by Mark E. Chastain, Georgia Registered Land Surveyor No. 2718, is recorded in Plat Book 43, Page 99, Gilmer County, Georgia Records, with reference made thereto for the purpose of incorporating same. Said tract is improved, having a single family residence located thereon.
Included is a non-exclusive easement for ingress and egress over the existing paved drive to Georgia Hwy. 282, as indicated on the above-cited plat.
Said property will be sold subject to any and all liens, restrictions, assessments and delinquent taxes of record, as well as the Note and Deed to Secure Debt from Joanna L. Abercrombie in favor of Roy Abercrombie, dated February 2, 2007, and recorded February 7, 2007, in Deed Book 1349, Pages 437-443, Gilmer County, Georgia Records.
The debt secured by said Deed to Secure Debt being in default and the holder having declared the balance of the indebtedness due, this sale will be made for the purpose of paying the same, and the proceeds thereof will be applied to other charges and expenses in connection with this Sale under Power and the balance, if any, to be disbursed as provided by law.
Roy Abercrombie, as agent in fact for Joanna L. Abercrombie.
Miller & Associates
Attorneys at Law, P.C.
C. Mark Miller, Attorney at Law
State Bar Number: 506428
1 South Main Street
Jasper, Georgia 30143
(678) 454-5000
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