Thursday, January 29, 2015  


Account Login  
Username
Password

  need help?  
 
Search By Keyword
Breaking News Alerts
Email Alerts
Email Address
Text Alerts
Mobile Number
 )  - 
Mobile Provider
standard messaging rates apply
Current Conditions
52°F
Overcast
Ellijay, GA
Radar & More >>

View All Categories
Search  
Foreclosures

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 Real Estate Deed to Secure Debt from Alan J. Aaron and Mary W. Aaron to New Horizons Bank, dated September 24, 2004 and recorded in Deed Book 1091, Page 404, in the offices of the Clerk of the Superior Court of Gilmer County, Georgia records, as last modified by modification dated August 5, 2010 recorded in Deed Book 1626, Page 73 aforesaid records; as assigned to Citizens South Bank by that certain Master Assignment recorded in Deed Book 1671, Page 10, aforesaid records (as same may have been further 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 February, 2015, the following described real property, to wit:

TRACT ONE:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 214, 6TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, CONSISTING OF 2.466 ACRES, AS SHOWN ON PLAT OF SURVEY FOR ALAN J. AARON. SAID PLAT, DATED FEBRUARY 1986, BY GREER DOVER, COUNTY SURVEYOR OF GILMER COUNTY, GEORGIA, IS RECORDED IN PLAT BOOK 13, PAGE 281, GILMER COUNTY RECORDS, WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING THE SAME.

ALSO INCLUDED ARE A DRIVEWAY EASEMENT LEADING FROM AARON ROAD TO THE WITHIN-DESCRIBED TRACT, AS SPECIFIED IN WARRANTY DEED DATED FEBRUARY 17, 1986 FROM JACK M. AARON AND DOROTHY C. AARON TO ALAN J. AARON, AS RECORDED IN DEED BOOK 172, PAGE 40, GILMER COUNTY RECORDS, AND AS WAS SPECIFED IN DRIVEWAY EASEMENT DATED AUGUST 11, 1993, RECORDED IN DEED BOOK 368, PAGE 31, GILMER COUNTY RECORDS.

ALSO INCLUDED ARE WATER RIGHTS AS SPECIFIED IN WATER RIGHTS EASEMENT DATED AUGUST 30, 1993 FROM JACK AARON AND DOROTHY C. AARON TO ALAN J. AARON AND MARY W. AARON, AS RECORDED IN DEED BOOK 370, PAGE 74, GILMER COUNTY RECORDS.

TRACT TWO:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 214, 6TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, CONSISTING OF 2.238 ACRES, AS SHOWN ON PLAT OF SURVEY FOR ALAN J. AARON AND MARY W. AARON. SAID PLAT, DATED AUGUST 1995, BY GREER DOVER, COUNTY SURVEYOR OF GILMER COUNTY, GEORGIA, IS RECORDED IN PLAT BOOK 25, PAGE 255, GILMER COUNTY RECORDS, WITH REFERNCE MADE THERETO FOR THE PURPOSE OF INCORPORATING SAME.

INCLUDED ARE ALL IMPROVEMENTS LOCATED ON THE ABOVE-DESCRIBED TRACTS.

TRACT THREE:

ALL THAT TRACT OR PARCEL OF LAND LYING IN LAND LOT 214 & 219, 6TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, BEING 8.49 ACRES, AS SHOWN ON PLAT OF SURVEY PREPARED FOR ALAN J. AARON & MARY AARON, DATED NOVEMBER 2, 2006, PREPARED BY JOEL JORDAN, GRLS NO. 2430, AS RECORDED IN PLAT BOOK 48, PAGE 142, GILMER COUNTY RECORDS, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCIPTION; TOGETHER WITH ALL IMPROVEMENTS, FIXTURES, SHRUBBERY, INCLUDING A SINGLE-FAMILY RESIDENCE AND THREE POULTRY HOUSES LOCATED THEREON.

PROPERTY BEING MORE COMMONLY KNOWN AS: 330 and 355 AARON ROAD, ELLIJAY, GEORGIA

The debt secured by the Security Deed evidenced by a Renewal Promissory Note dated August 5, 2010 from Alan J. Aaron and Mary W. Aaron to New Horizons Bank in the original principal amount of $607,172.00, as has been assigned to Park Sterling Bank, as reduced to judgment by Consent Judgment entered February 5, 2013, in Civil Action File No. 2012CV-1061 RB, Superior Court of Gilmer County, State of Georgia (said note is reduced to judgment, hereinafter collectively 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 the 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 Alan J. Aaron and Mary W. Aaron 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 Alan J. Aaron and Mary W. Aaron.

To the best of the undersigned's knowledge and belief, the parties in possession of the real property are Alan J. Aaron and Mary W. Aaron, and tenants holding under them.

Park Sterling Bank, successor by merger to Citizens South Bank, successor in interest to New Horizons Bank, as Attorney-in-Fact for Alan J. Aaron and Mary W. Aaron

M. Todd Westfall, Esquire

Howick, Westfall, McBryan & Kaplan, LLP

Suite 600, One Tower Creek

3101 Towercreek Parkway

Atlanta, Georgia 30339

(678) 501-7951



1/29/2015

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 Real Estate Deed to Secure Debt from Alan J. Aaron and Mary Aaron to New Horizons Bank, dated July 29, 2009, recorded in Deed Book 1564, Page 475, and re-recorded in Deed Book 1596, Page 135 in the offices of the Clerk of the Superior Court of Gilmer County, Georgia records as last modified by modification dated August 5, 2010 and recorded in Deed Book 1626, Page 70, aforesaid records; as assigned to Citizens South Bank by that certain Master Assignment recorded in Deed Book 1671, Page 10, aforesaid records (as same may have been further 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 February, 2015, the following described real property, to wit:

TRACT ONE:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 214, 6TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, CONSISTING OF 2.466 ACRES, AS SHOWN ON PLAT OF SURVEY FOR ALAN J. AARON. SAID PLAT, DATED FEBRUARY 1986, BY GREER DOVER, COUNTY SURVEYOR OF GILMER COUNTY, GEORGIA, IS RECORDED IN PLAT BOOK 13, PAGE 281, GILMER COUNTY RECORDS, WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING THE SAME.

ALSO INCLUDED ARE A DRIVEWAY EASEMENT LEADING FROM AARON ROAD TO THE WITHIN-DESCRIBED TRACT, AS SPECIFIED IN WARRANTY DEED DATED FEBRUARY 17, 1986 FROM JACK M. AARON AND DOROTHY C. AARON TO ALAN J. AARON, AS RECORDED IN DEED BOOK 172, PAGE 40, GILMER COUNTY RECORDS, AND AS WAS SPECIFED IN DRIVEWAY EASEMENT DATED AUGUST 11, 1993, RECORDED IN DEED BOOK 368, PAGE 31, GILMER COUNTY RECORDS.

ALSO INCLUDED ARE WATER RIGHTS AS SPECIFIED IN WATER RIGHTS EASEMENT DATED AUGUST 30, 1993 FROM JACK AARON AND DOROTHY C. AARON TO ALAN J. AARON AND MARY W. AARON, AS RECORDED IN DEED BOOK 370, PAGE 74, GILMER COUNTY RECORDS.

TRACT TWO:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 214, 6TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, CONSISTING OF 2.238 ACRES, AS SHOWN ON PLAT OF SURVEY FOR ALAN J. AARON AND MARY W. AARON. SAID PLAT, DATED AUGUST 1995, BY GREER DOVER, COUNTY SURVEYOR OF GILMER COUNTY, GEORGIA, IS RECORDED IN PLAT BOOK 25, PAGE 255, GILMER COUNTY RECORDS, WITH REFERNCE MADE THERETO FOR THE PURPOSE OF INCORPORATING SAME.

INCLUDED ARE ALL IMPROVEMENTS LOCATED ON THE ABOVE-DESCRIBED TRACTS.

TRACT THREE:

ALL THAT TRACT OR PARCEL OF LAND LYING IN LAND LOT 214 & 219, 6TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, BEING 8.49 ACRES, AS SHOWN ON PLAT OF SURVEY PREPARED FOR ALAN J. AARON & MARY AARON, DATED NOVEMBER 2, 2006, PREPARED BY JOEL JORDAN, GRLS NO. 2430, AS RECORDED IN PLAT BOOK 48, PAGE 142, GILMER COUNTY RECORDS, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCIPTION; TOGETHER WITH ALL IMPROVEMENTS, FIXTURES, SHRUBBERY, INCLUDING A SINGLE-FAMILY RESIDENCE AND THREE POULTRY HOUSES LOCATED THEREON.

PROPERTY MORE COMMONLY KNOWN AS: 330 and 355 AARON ROAD, ELLIJAY, GEORGIA

The debt secured by the Security Deed is evidenced by a Renewal Promissory Note dated August 5, 2010 from Alan J. Aaron and Mary W. Aaron to New Horizons Bank in the original principal amount of $607,172.00, as assigned to Park Sterling Bank, as reduced to judgment by Consent Judgment entered February 5, 2013, in Civil Action File No. 2012CV-1061 RB, Superior Court of Gilmer County, State of Georgia (said note is reduced to judgment, hereinafter collectively 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 the 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 Alan J. Aaron and Mary W. Aaron 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: Real Estate Deed to Secure Debt from Alan J. Aaron and Mary W. Aaron to New Horizons Bank, dated September 24, 2004 and recorded in Deed Book 1091, Page 404, in the offices of the Clerk of the Superior Court of Gilmer County, Georgia records, as last modified by modification dated August 5, 2010 recorded in Deed Book 1626, Page 73 aforesaid records; as assigned to Citizens South Bank by that certain Master Assignment recorded in Deed Book 1671, Page 10, aforesaid records, 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 Alan J. Aaron and Mary W. Aaron.

To the best of the undersigned's knowledge and belief, the parties in possession of the real property are Alan J. Aaron and Mary W. Aaron, and tenants holding under them.

Park Sterling Bank, successor by merger to Citizens South Bank, successor in interest to New Horizons Bank, as Attorney-in-Fact for Alan J. Aaron and Mary W. Aaron.

M. Todd Westfall, Esquire

Howick, Westfall, McBryan & Kaplan, LLP

Suite 600, One Tower Creek

3101 Towercreek Parkway

Atlanta, Georgia 30339

(678) 501-7951



1/29/2015

NOTICE OF SALE UNDER POWER

GEORGIA, GILMER COUNTY

By virtue of a Power of Sale contained in that certain Security Deed from GARY L. BREGE AND SANDY S. BRYANT to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR

UNITED COMMUNITY BANK, D/B/A UNITED COMMUNITY MORTGAGE SERVICES, INC., dated May 22, 2009, recorded June 16, 2009, in Deed Book 1556, Page 96, , Gilmer County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of Sixty-Two Thousand One Hundred Seventy-Two and 00/100 dollars ($62,172.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Selene Finance LP, there will be sold 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 February, 2015, all property described in said Security Deed including but not limited to the following described property:

ALL THAT TRACT OR PARCEL OF LAND LYING IN LAND LOT 210, 25TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, CONSISTING OF 1.50 ACRES, MORE OR LESS, AS SHOWN ON PLAT OF SURVEY FOR GREG

BREGE AND SANDY BROWN, DATED APRIL 10, 2002, PREPARED BY SHELLY J. BISHOP, GRLS NO. 2536, AND RECORDED IN PLAT BOOK 52, PAGE 229, GILMER COUNTY, GEORGIA RECORDS. SAID PLAT IS INCORPORATED HEREIN BY REFERENCE THERETO FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION.

ALSO CONVEYED HEREWITH IS A PERPETUAL NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND THE PLACEMENT OF UTILITIES 10 FEET IN WIDTH FROM PEBBLE COURT TO THE SUBJECT PROPERTY, AS SHOWN ON PLAT OF SURVEY FOR JUAN FARIST AND JACQUELINE FARIST DATED MAY 17, 2005 AND RECORDED IN PLAT BOOK 52, PAGE 227, GILMER COUNTY, GEORGIA RECORDS.

TOGETHER WITH ALL IMPROVEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY INCLUDING, BUT WITH LIMITATION, THAT CERTAIN MANUFACTURED HOME LOCATED ON THE PROPERTY: 1994 SPRING HILL DOUBLE WIDE, WITH VIN #GAFLR34A19344SH, WITH CURRENT TITLE NUMBER 773035031958069, AND VIN #GAFLR34B19344SH, WITH CURRENT TITLE NUMBER 773036031957069, WHICH BORROWER INTENDS AND DEEMS TO BE REALTY AND ALL EASEMENTS, APPURTENANCES AND FIXTURES NOW OR HEREAFTER A PART OF THE PROPERTY.

Said legal description being controlling, however the property is more commonly known as 11 PEBBLE CT, ELLIJAY, GA 30540.

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. 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 (notice to collect same having been given) and all other payments provided for under the terms of the Security Deed and Note.

Said property will be sold on an “as-is” basis without any representation, warranty or recourse against the above-named or the undersigned. The sale will also be subject to the following items which may affect the title: any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable); the right of redemption of any taxing authority; matters which would be disclosed by an accurate survey or by an inspection of the property; all zoning ordinances; assessments; liens; encumbrances; restrictions; covenants, and any other matters of record superior to said Security Deed.

To the best of the knowledge and belief of the undersigned, the owner and party in possession of the property is GARY L. BREGE AND SANDY S. BRYANT , or tenants(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 with the holder of the Security Deed.

The entity having full authority to negotiate, amend or modify all terms of the loan (although not required by law to do so) is: Selene Finance, Loss Mitigation Dept., 9990 Richmond Ave, Suite 400, Houston, TX 77042, Telephone Number: 1-877-768-3759.

SELENE FINANCE LP

as Attorney in Fact for

GARY L. BREGE AND SANDY S. BRYANT

THE BELOW LAW FIRM MAY BE HELD TO BE ACTING AS A DEBT COLLECTOR, UNDER FEDERAL LAW. IF SO, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Attorney Contact: Rubin Lublin, LLC, 3740 Davinci Court, Suite 150, Peachtree Corners, GA 30092

Telephone Number: (877) 813-0992 Case No. SEF-13-03728-4

Ad Run Dates 01/08/2015, 01/15/2015, 01/22/2015, 01/29/2015

www.rubinlublin.com/property-listings.php



1/29/2015

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 Rebecca M. Garrett to Mortgage Electronic Registration Systems, Inc as nominee for Synovus Mortgage Corp., dated April 14, 2006, and recorded in Deed Book 1256, Page 490, Gilmer County, Georgia Records, as last transferred to Carrington Mortgage Services, LLC by assignment recorded on December 9, 2014 in Book 1894 Page 270 in the Office of the Clerk of Superior Court of Gilmer County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Eighty-Four Thousand Two Hundred Forty-Five and 0/100 dollars ($84,245.00), 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 February 3, 2015, the following described property:

All that tract or parcel of land lying and being in Land Lot 315, 10th District, 2nd Section of Gilmer County, Georgia, and being a portion of Lot 21 of The Jewel Blalock Estate Property, as shown on plat dated June 21, 1974, by E.M. Smith, Georgia Registered Land Surveyor No. 923, and being recorded in Plat Book 5, Page 154, Gilmer County Records, as described as follows: Beginning at an iron stake located at the South corner of Lot 21 at the graveled road; thence running with said road and the boundary of Lot 21, a distance of 210 feet to an iron stake; thence a southerly direction across Lot 21 a distance of 210 feet to an iron stake on the line dividing Lots 21 and 22; thence following said line an easterly course a distance of 210 feet to the iron stake at the point of beginning, containing one acre, more or less, and including all improvements located thereon. The above-described property is the same which was conveyed by quit claim deed dated June 9, 2003 from Thomas L. Moseley to Bernice G. Moseley, as recorded in Deed Book 962, Page 185, Gilmer County Records, and previously by warranty deed dated June 9, 2003 from Harold Dillard and Shannon Tankersley to Thomas L. and Bernice Moseley, as recorded in Deed Book 962, Page 163, Gilmer County 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).

Your mortgage servicer can be contacted at (800) 561-4567 - Loss Mitigation Dept, or by writing to 1610 E. St. Andrew Place #B150, Santa Ana, California 92705, 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 Rebecca M. Garrett or tenant(s); and said property is more commonly known as 674 Pen Drive, Ellijay, GA 30540.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.

Carrington Mortgage Services, LLC as Attorney in Fact for Rebecca M. Garrett.

Brock & Scott, PLLC

4360 Chamblee Dunwoody Road, Suite 310?, Atlanta, GA 30341

404-789-2661

B&S file no.: 14-17557



1/29/2015

Notice of Sale under Power

Gilmer County, Georgia

Pursuant to a power of sale contained in the Deed to Secure Debt and Security Agreement (the “Security Deed”) from Michael S. Heacock and Susan Riebel Heacock (collectively, the “Debtor”) to the Development Authority of Gilmer County (the “Authority”), which Security Deed was recorded August 9, 2007, in Deed Book 1405, page 382-391 of the real estate records of Gilmer County, Georgia, and was assigned from the Authority to the Georgia Department of Community Affairs (“DCA”) pursuant to an Assignment, recorded at Deed Book 1405, pages 399-400 of the real estate records of Gilmer County, Georgia, and was assigned from DCA to the GHFA Economic Development Financing, Inc. (the “Lender”), the undersigned will sell 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 February 2015, the following described property:

All that tract or parcel of land lying and being in the 11th District, 2nd section of Gilmer County, Georgia, and being a part of Land Lot 62, within the City of Ellijay and consisting of 0.301 acre, improved with a brick building, as shown on a plat of survey for Harmon T. Smith, Sr., prepared by Cherry Log Survey Co., Inc., certified by Donald O. Babb, Georgia Registered Land Surveyor No. 2029, dated December 1986 and recorded in Plat Book 15, page 50, Gilmer County, Georgia Records, to which plat reference is made for a more detailed description.

Together with all easements, rights, privileges, and appurtenances to the property described above.

The debts secured by the Security Deed have been and are hereby declared due and payable because of defaults in Debtor’s obligations to Lender. If the obligations remain in default, the sale of the property will be made for the purpose of paying any such monetary obligations to Lender and all expenses of the sale, including attorney’s fees.

The above described property will be sold as the property of the Debtor and “as is” and subject to any outstanding ad valorem taxes and assessments, unpaid water and sewer bill (if any), any matters of record superior to the Security Deed, all ordinances, any matters that would be disclosed by an accurate survey and inspection of the property, and any restrictions.

To the best knowledge of the undersigned, the Lender is the party in possession of the property along with certain tenants under unrecorded leases.

GHFA Economic Development Financing, Inc., as attorney-in-fact for Michael S. Heacock and Susan Riebel Heacock.

John G. Grubb, Jr.

John G. Grubb, Jr., P.C.

301 W. Hidden Valley Lakes Dr.

McCaysville, Georgia 30555

706-492-3600

johngrubb@etcmail.com

This law firm is acting as a debt collector attempting to collect a debt and any information obtained will be used for that purpose.



HyperLink
1/29/2015

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 Mitzi Lou Johnson to Mortgage Electronic Registration Systems, Inc. as nominee for Branch Banking and Trust, and its successors and assigns dated August 4, 2006, and recorded in Deed Book 1293, Page 466, Gilmer County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, National Association, not in its individual or banking capacity but solely as trustee for the SRMOF II 2011-1 Trust by Assignment, securing a Note in the original principal amount of $179,550.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, February 3, 2015, 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 LOTS 299 AND 314, 25TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, AND BEING DESIGNATED AS LOT 1423 OF EAGLE'S MOUNTAIN RESORT, UNIT XXV AS SHOWN ON SURVEY BY BURNS L. JEFFRIES, G.R.L.S. NO. 2036, DATED AUGUST 6, 1985 AND RECANTED IN PLAT BOOK 13, PAGE 81 (INCORRECTLY SHOWN AS PLAT BOOK 13, PAGE 31) NOW SHOWN IN PLAT HANGER A-246, GILMER COUNTY, GEORGIA RECORDS. SAID RECORDED PLAT IS INCORPORATED HEREIN BY REFERENCE THERETO FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION.

Said property is known as 323 Malory Circle, Ellijay, GA 30540, 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 Mitzi Lou Johnson and William J. O'Hara, successor in interest or tenant(s).

Wells Fargo Bank, National Association, not in its individual or banking capacity but solely as trustee for the SRMOF II 2011-1 Trust as Attorney-in-Fact for Mitzi Lou Johnson

File no. 12-033564

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]



1/29/2015

NOTICE OF SALE UNDER POWER GEORGIA, GILMER COUNTY

By virtue of a Power of Sale contained in that certain Security Deed and Agreement from LEGACY MOUNTAIN PROPERTIES, LLC AND CLEAR CREEK PROPERTIES, LLC 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 with Amendment and Clarification to Assignment of Security Instruments and Other Loan Documents, dated July 29, 2010, filed and recorded August 9, 2010 in Deed Book 1624, Page 122, aforesaid records, assignee of the Federal Deposit Insurance Corporation in receivership of Appalachian Community Bank and its division Gilmer County Bank) (“Community & Southern”), dated December 14, 2007, filed and recorded December 19, 2007 in Deed Book 1440, Page 205, Gilmer County, Georgia Records, re-recorded at Deed Book 1480, Page 159, 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 THREE MILLION AND NO/100THS DOLLARS ($3,000,000.00) (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 February, 2015, 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):

LEGAL DESCRIPTION “A-1”:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 75, 76, 77, 104, 105 AND 106 OF THE 5TH DISTRICT AND 2ND SECTION OF GILMER COUNTY, GEORGIA, BEING 135.81 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY SHOWN IN A PLAT ATTACHED TO THAT CERTAIN WARRANTY DEED FROM THE HIGHLANDS AT CLEAR CREEK, LLC TO LEGACY MOUNTAIN PROPERTIES, LLC DATED APRIL 2, 2007, FILED AND RECORDED APRIL 10, 2007 IN DEED BOOK 1369, PAGE 184, GILMER COUNTY, GEORGIA RECORDS.

THAT PORTION OF THE ABOVE-DESCRIBED PROPERTY LOCATED IN LAND LOT 104 IS CONVEYED SUBJECT TO A ONE-HALF MINERAL INTEREST IN THE NORTH HALF OF SAID LAND LOT, AS SHOWN IN A DEED RECORDED IN DEED BOOK 17, PAGE 390, GILMER COUNTY, GEORGIA RECORDS.

THE FOREGOING BEING INCLUSIVE OF:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 75, 76, 77, 104, 105 AND 106 OF THE 5TH DISTRICT AND 2ND SECTION OF GILMER COUNTY, GEORGIA, BEING 120.11 ACRES, MORE OR LESS, AND BEING MORE PARTICULARLY SHOWN IN A PLAT ATTACHED TO THAT CERTAIN QUITCLAIM DEED FROM LEGACY MOUNTAIN PROPERTIES, LLC TO CLEAR CREEK PROPERTIES, LLC DATED DECEMBER 31, 2007, FILED AND RECORDED MARCH 10, 2008 IN DEED BOOK 1459, PAGE 279, GILMER COUNTY, GEORGIA RECORDS.

THAT PORTION OF THE ABOVE-DESCRIBED PROPERTY LOCATED IN LAND LOT 104 IS CONVEYED SUBJECT TO A ONE-HALF MINERAL INTEREST IN THE NORTH HALF OF SAID LAND LOT, AS SHOWN IN A DEED RECORDED IN DEED BOOK 17, PAGE 390, GILMER COUNTY, GEORGIA RECORDS.

LESS AND EXCEPT TRACTS 1, 2 AND 3 AS FOLLOWS:

TRACT 1:

ALL THAT TRACT OR PARCEL OF LAND CONVEYED BY WARRANTY DEED FROM CLEAR CREEK PROPERTIES, LCC TO LUNDSTROM HOMES, INC., DATED SEPTEMBER 11, 2008, RECORDED IN DEED BOOK 1501, PAGE 253, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 105, 5TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, CONSISTING OF 1.53 ACRES AND DESIGNATED AS LOT 36 FALLING WATERS, PHASE I, AS SHOWN ON PLAT OF SURVEY FOR FALLING WATERS, PHASE 1. SAID PLAT, DATED FEBRUARY 1, 2008, PREPARED BY MARK E. CHASTAIN, GEORGIA REGISTERED LAND SURVEYOR NO. 2718, IS RECORDED IN PLAT BOOK 51, PAGE 122, GILMER COUNTY, GEORGIA RECORDS WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING THE SAME.

THE ABOVE DESCRIBED PROPERTY IS A PORTION OF THE SAME PROPERTY WHICH WAS CONVEYED BY QUITCLAIM DEED FROM LEGACY MOUNTAIN PROPERTIES, LLC TO CLEAR CREEK PROPERTIES, LLC, DATED DECEMBER 31, 2007, AS FILED OF RECORD IN DEED BOOK 1459, PAGE 279, GILMER COUNTY, GEORGIA RECORDS.

TRACT 2:

ALL THAT TRACT OR PARCEL OF LAND CONVEYED BY WARRANTY DEED FROM CLEAR CREEK PROPERTIES, LCC TO CHAD MUILENBURG AND TIFFANY MUILENBURG, DATED DECEMBER 30, 2008, RECORDED IN DEED BOOK 1518, PAGE 234, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOTS 76 AND 77, 5TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, AND BEING LOT 6, FALLING WATERS, PHASE 1, AS SHOWN IN A PLAT RECORDED AT PLAT BOOK 51, PAGE 122, GILMER COUNTY, GEORGIA RECORDS, SAID PLAT BEING INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION THEREOF.

TRACT 3:

ALL THAT TRACT OR PARCEL OF LAND CONVEYED BY WARRANTY DEED FROM CLEAR CREEK PROPERTIES, LCC TO TERRY K. JOHNSON, DATED JANUARY 27, 2009, RECORDED IN DEED BOOK 1525, PAGE 301, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 105, 5TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, CONSISTING OF 2.30 ACRES AND DESIGNATED AS LOT 16 FALLING WATERS, PHASE I, AS SHOWN ON PLAT OF SURVEY FOR FALLING WATERS, PHASE 1. SAID PLAT, FEBRUARY 1, 2008, PREPARED BY MARK E. CHASTAIN, GEORGIA REGISTERED LAND SURVEYOR NO. 2718, IS RECORDED IN PLAT BOOK 51, PAGE 126, GILMER COUNTY, GEORGIA RECORDS WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING THE SAME.

The above described property is a portion of the same property which was conveyed by Quitclaim Deed from Legacy Mountain Properties, LLC to Clear Creek Properties, LLC, dated December 31, 2007, as filed of record in Deed Book 1459, Page 279, Gilmer County, Georgia Records.

LEGAL DESCRIPTION “A-2”:

LEGAL DESCRIPTION “A-1” BEING AND INTENDED TO BE THE SAME LAND DESCRIBED AS FOLLOWS:

All that tract or parcel of Land lying and being in Land Lots 75, 76, 77, 104, 105 and 106 of the 5th District and 2nd Section of Gilmer County, Georgia, consisting of 135.81 acres, known as Lots 256-288, as shown on Plat of Survey for The Georgian Highlands, Phase 6. Said plat, dated November 4, 2005 and revised December 19, 2005, prepared by Mark E. Chastain, Georgia Registered Land Surveyor No. 2718, is more particularly described as follows:

Beginning at a ½ inch rebar at a rock, said rock located at the Southeast corner of Land Lot Line 68; Thence running South 00 degrees 59 minutes 44 seconds West a distance of 301.45 feet to an iron pin set; Thence running North 79 degrees 41 minutes 44 seconds West a distance of 259.13 feet to a point; Thence running North 71 degrees 33 minutes 56 seconds West a distance of 490.16 feet to a point; Thence running South 48 degrees 21 minutes 59 seconds West a distance of 533.29 feet to a point; Thence running South 19 degrees 09 minutes 57 seconds West a distance of 300.29 feet to a point; Thence running South 70 degrees 33 minutes 08 seconds West a distance of 412.02 feet to a point; Thence running South 61 degrees 55 minutes 16 seconds West a distance of 376.38 feet to a point; Thence running South 75 degrees 57 minutes 05 seconds West a distance of 365.24 feet to a point; Thence running South 35 degrees 31 minutes 39 seconds West a distance of 190.50 feet to a point, being the True Point of beginning;

Thence running North 81 degrees 15 minutes 28 seconds West a distance of 441.80 feet to a point; Thence running South 00 degrees 35 minutes 30 seconds West a distance of 360.41 feet to a point; Thence along a curve to the left (said curve being subtended by a chord 81.09 feet in length and bearing South 36 degrees 02 minutes 05 seconds West and having a radius of 50.00 feet) an arc distance of 94.57 feet to a point; Thence running South 44 degrees 25 minutes 51 seconds West a distance of 116.24 feet to a point; Thence along a curve to the right (said curve being subtended by a chord 184.39 feet in length and bearing South 58 degrees 42 minutes 00 seconds West and having a radius of 370.00 feet) an arc distance of 182.39 feet to a point; Thence running South 80 degrees 36 minutes 24 seconds West a distance of 20.20 feet to a point; Thence running North 00 degrees 30 minutes 47 seconds West a distance of 180.89 feet to a point; Thence running South 83 degrees 05 minutes 46 seconds West a distance of 60.38 feet to a point; Thence running North 46 degrees 50 minutes 47 seconds West a distance of 433.21 feet to a point, said point being located at the centerline of a stream;

The below listed calls follow the centerline of said stream:

Thence running North 74 degrees 30 minutes 35 seconds West a distance of 22.95 feet to a point; Thence running North 42 degrees 57 minutes 58 seconds West a distance of 28.90 feet to a point; Thence running North 88 degrees 39 minutes 40 seconds West a distance of 9.86 feet to a point; Thence running North 59 degrees 13 minutes 10 seconds West a distance of 13.26 feet to a point; Thence running North 86 degrees 55 minutes 16 seconds West a distance of 23.50 feet to a point; Thence running North 81 degrees 44 minutes 21 seconds West a distance of 33.15 feet to a point; Thence running South 86 degrees 47 minutes 14 seconds West a distance of 21.31 feet to a point; Thence running South 83 degrees 00 minutes 53 seconds West a distance of 16.79 feet to a point; Thence running North 66 degrees 44 minutes 52 seconds West a distance of 12.59 feet to a point; Thence running North 73 degrees 53 minutes 16 seconds West a distance of 18.20 feet to a point; Thence running North 83 degrees 53 minutes 01 seconds West a distance of 27.01 feet to a point; Thence running North 44 degrees 58 minutes 09 seconds West a distance of 18.39 feet to a point; Thence running North 68 degrees 23 minutes 42 seconds West a distance of 45.09 feet to a point; Thence running North 82 degrees 10 minutes 57 seconds West a distance of 27.27 feet to a point; Thence running North 82 degrees 16 minutes 41 seconds West a distance of 31.36 feet to a point; Thence running North 76 degrees 00 minutes 25 seconds West a distance of 24.39 feet to a point; Thence running North 75 degrees 36 minutes 25 seconds West a distance of 30.32 feet to a point; Thence running North 85 degrees 05 minutes 01 seconds West a distance of 27.13 feet to a point; Thence running South 89 degrees 55 minutes 13 seconds West a distance of 33.01 feet to a point; Thence running South 79 degrees 49 minutes 17 seconds West a distance of 40.99 feet to a point; Thence running South 76 degrees 09 minutes 26 seconds West a distance of 47.60 feet to a point; Thence running South 80 degrees 04 minutes 01 seconds West a distance of 15.93 feet to a point; Thence running North 76 degrees 44 minutes 06 seconds West a distance of 16.30 feet to a point; Thence running North 87 degrees 00 minutes 27 seconds West a distance of 24.16 feet to a point; Thence running North 88 degrees 57 minutes 38 seconds West a distance of 31.70 feet to a point; Thence running North 83 degrees 42 minutes 57 seconds West a distance of 28.46 feet to a point; Thence running North 82 degrees 39 minutes 53 seconds West a distance of 35.22 feet to a point; Thence running North 69 degrees 23 minutes 52 seconds West a distance of 44.66 feet to a point; Thence running North 45 degrees 22 minutes 07 seconds West a distance of 20.77 feet to a point; Thence running North 44 degrees 37 minutes 27 seconds West a distance of 18.45 feet to a point; Thence running North 49 degrees 10 minutes 20 seconds West a distance of 49.19 feet to a point; Thence running North 54 degrees 28 minutes 53 seconds West a distance of 32.90 feet to a point; Thence running North 58 degrees 30 minutes 12 seconds West a distance of 27.12 feet to a point; Thence running North 67 degrees 28 minutes 56 seconds West a distance of 42.50 feet to a point; Thence running North 88 degrees 46 minutes 49 seconds West a distance of 31.58 feet to a point; Thence running South 86 degrees 52 minutes 55 seconds West a distance of 30.44 feet to a point; Thence running South 59 degrees 31 minutes 30 seconds West a distance of 50.84 feet to a point; Thence running South 70 degrees 22 minutes 20 seconds West a distance of 29.41 feet to a point; Thence running South 50 degrees 57 minutes 24 seconds West a distance of 53.17 feet to a point; Thence running South 76 degrees 04 minutes 02 seconds West a distance of 19.18 feet to a point; Thence running South 70 degrees 28 minutes 17 seconds West a distance of 25.43 feet to a point; Thence running South 58 degrees 37 minutes 54 seconds West a distance of 19.92 feet to a point; Thence running North 57 degrees 56 minutes 06 seconds West a distance of 11.64 feet to a point; Thence running North 74 degrees 23 minutes 41 seconds West a distance of 20.81 feet to a point; Thence running South 67 degrees 26 minutes 25 seconds West a distance of 10.15 feet to a point; Thence running North 70 degrees 01 minutes 02 seconds West a distance of 16.28 feet to a point; Thence running North 86 degrees 32 minutes 28 seconds West a distance of 19.06 feet to a point; Thence running South 67 degrees 16 minutes 24 seconds West a distance of 8.59 feet to a point; Thence running North 52 degrees 51 minutes 50 seconds West a distance of 12.20 feet to a point; Thence running South 80 degrees 40 minutes 08 seconds West a distance of 9.34 feet to a point; Thence running North 66 degrees 18 minutes 46 seconds West a distance of 32.37 feet to a point; Thence running North 49 degrees 19 minutes 31 seconds West a distance of 15.65 feet to a point; Thence running North 63 degrees 02 minutes 26 seconds West a distance of 11.08 feet to a point; Thence running South 62 degrees 13 minutes 35 seconds West a distance of 17.57 feet to a point; Thence running South 87 degrees 56 minutes 25 seconds West a distance of 12.64 feet to a point; Thence running North 67 degrees 54 minutes 57 seconds West a distance of 20.27 feet to a point; Thence running North 28 degrees 05 minutes 20 seconds West a distance of 22.72 feet to a point; Thence running North 75 degrees 51 minutes 12 seconds West a distance of 34.89 feet to a point; Thence running South 88 degrees 38 minutes 14 seconds West a distance of 26.97 feet to a point; Thence running North 73 degrees 26 minutes 59 seconds West a distance of 25.85 feet to a point; hence running North 58 degrees 24 minutes 34 seconds West a distance of 38.27 feet to a point; Thence running North 35 degrees 13 minutes 14 seconds West a distance of 15.29 feet to a point; Thence running North 61 degrees 31 minutes 12 seconds West a distance of 10.63 feet to a point; Thence running North 38 degrees 58 minutes 13 seconds West a distance of 15.49 feet to a point; Thence running North 69 degrees 58 minutes 27 seconds West a distance of 28.16 feet to a point; Thence running North 67 degrees 29 minutes 45 seconds West a distance of 26.33 feet to a point; Thence running South 84 degrees 39 minutes 04 seconds West a distance of 33.72 feet to a point; Thence running North 77 degrees 42 minutes 12 seconds West a distance of 19.19 feet to a point; Thence running North 72 degrees 56 minutes 26 seconds West a distance of 24.51 feet to a point; Thence running North 84 degrees 22 minutes 40 seconds West a distance of 8.92 feet to a point; Thence running North 47 degrees 34 minutes 04 seconds West a distance of 11.95 feet to a point; Thence running North 24 degrees 33 minutes 27 seconds West a distance of 16.11 feet to a point; Thence running North 73 degrees 26 minutes 55 seconds West a distance of 15.24 feet to a point; Thence running North 56 degrees 23 minutes 00 seconds West a distance of 11.53 feet to a point; Thence running South 74 degrees 06 minutes 47 seconds West a distance of 17.31 feet to a point; Thence running North 77 degrees 33 minutes 14 seconds West a distance of 19.25 feet to a point; Thence running North 80 degrees 59 minutes 43 seconds West a distance of 37.27 feet to a point; Thence running North 83 degrees 08 minutes 53 seconds West a distance of 18.06 feet to a point; Thence running North 69 degrees 29 minutes 23 seconds West a distance of 21.58 feet to a point; Thence running South 70 degrees 45 minutes 11 seconds West a distance of 15.20 feet to a point; Thence running South 69 degrees 16 minutes 34 seconds West a distance of 17.87 feet to a point; Thence running North 20 degrees 02 minutes 49 seconds West a distance of 6.63 feet to a point; Thence running North 73 degrees 59 minutes 00 seconds West a distance of 16.73 feet to a point; Thence running North 67 degrees 18 minutes 55 seconds West a distance of 31.16 feet to a point;

Thence running North 68 degrees 27 minutes 36 seconds West a distance of 20.96 feet to a point; Thence running South 67 degrees 14 minutes 24 seconds West a distance of 24.35 feet to a point; Thence running South 67 degrees 30 minutes 18 seconds West a distance of 15.97 feet to a point; Thence running South 88 degrees 20 minutes 05 seconds West a distance of 11.46 feet to a point; Thence running North 84 degrees 46 minutes 13 seconds West a distance of 22.87 feet to a point; Thence running North 59 degrees 04 minutes 21 seconds West a distance of 18.56 feet to a point; Thence running North 77 degrees 38 minutes 19 seconds West a distance of 22.88 feet to a point; Thence running North 62 degrees 34 minutes 25 seconds West a distance of 24.39 feet to a point; Thence running North 59 degrees 25 minutes 11 seconds West a distance of 29.14 feet to a point; Thence running North 46 degrees 40 minutes 33 seconds West a distance of 18.67 feet to a point; Thence running North 59 degrees 15 minutes 20 seconds West a distance of 17.05 feet to a point; Thence running North 73 degrees 45 minutes 21 seconds West a distance of 48.19 feet to a point; Thence running North 46 degrees 57 minutes 08 seconds West a distance of 31.57 feet to a point; Thence running North 61 degrees 04 minutes 15 seconds West a distance of 37.11 feet to a point; Thence running North 69 degrees 18 minutes 05 seconds West a distance of 31.75 feet to a point; Thence running North 56 degrees 16 minutes 26 seconds West a distance of 10.13 feet to a point; Thence running North 66 degrees 57 minutes 12 seconds West a distance of 28.52 feet to a point; Thence running South 87 degrees 35 minutes 01 seconds West a distance of 14.16 feet to a point: Thence running North 02 degrees 50 minutes 36 seconds West a distance of 14.34 feet to a point; Thence running North 45 degrees 56 minutes 15 seconds West a distance of 16.10 feet to a point; Thence running South 73 degrees 52 minutes 11 seconds West a distance of 7.83 feet to a point; Thence running South 82 degrees 28 minutes 43 seconds West a distance of 23.61 feet to a point; Thence running North 59 degrees 15 minutes 45 seconds West a distance of 12.45 feet to a point; Thence running North 60 degrees 58 minutes 11 seconds West a distance of 14.60 feet to a point; Thence running North 57 degrees 14 minutes 35 seconds West a distance of 13.14 feet to a point; Thence running North 57 degrees 14 minutes 35 seconds West a distance of 8.78 feet to a point; Thence running North 83 degrees 06 minutes 14 seconds West a distance of 26.70 feet to a point, said point being located at the intersection of said stream and the centerline of Clear Creek; Thence in a Southeasterly direction along with the centerline of Clear Creek for a total distance of 5,270 feet to a point; Leaving the centerline of Clear Creek: Thence running North 32 degrees 54 minutes 19 seconds East a distance of 905.92 feet to a 5/8 inch rebar; Thence running North 04 degrees 47 minutes 04 seconds West a distance of 88.41 feet to a 5/8 inch rebar; Thence running North 26 degrees 36 minutes 12 seconds East a distance of 543.96 feet to a 5/8 inch rebar; Thence running South 78 degrees 22 minutes 53 seconds East a distance of 212.61 feet to a 5/8 inch rebar; Thence running South 72 degrees 51 minutes 46 seconds East a distance of 202.24 feet to a 5/8 inch rebar; Thence running North 14 degrees 29 minutes 00 seconds East a distance of 311.94 feet to a 5/8 inch rebar; Thence running North 26 degrees 34 minutes 51 seconds West a distance of 313.54 feet to a 5/8 inch rebar; Thence running North 35 degrees 31 minutes 39 seconds East a distance of 190.50 feet to a point, being the true point of beginning.

Less and Except:

All that tract or parcel of land Conveyed by Warranty Deed from Clear Creek Properties, LCC to Lundstrom Homes, Inc., dated September 11, 2008, recorded in Deed Book 1501, Page 253, being more particularly described as follows:

All that tract or parcel of land lying and being in Land Lot 105, 5th District, 2nd Section, Gilmer County, Georgia, consisting of 1.53 acres and designated as Lot 36 Falling Waters, Phase I, as shown on Plat of Survey for Falling Waters, Phase 1. Said plat, dated February 1, 2008, prepared by Mark E. Chastain, Georgia Registered Land Surveyor No. 2718, is recorded in Plat Book 51, Page 122, Gilmer County, Georgia Records with reference made thereto for the purpose of incorporating the same.

The above described property is a portion of the same property which was conveyed by Quitclaim Deed from Legacy Mountain Properties, LLC to Clear Creek Properties, LLC, dated December 31, 2007, as filed of record in Deed Book 1459, Page 279, Gilmer County, Georgia Records.

Further Less and Except:

All that tract or parcel of land Conveyed by Warranty Deed from Clear Creek Properties, LCC to Chad Muilenburg and Tiffany Muilenburg, dated December 30, 2008, recorded in Deed Book 1518, Page 234, being more particularly described as follows:

All that tract or parcel of land lying and being in Land Lots 76 and 77, 5th District, 2nd Section, Gilmer County, Georgia, and being Lot 6, Falling Waters, Phase 1, as shown in a plat recorded at Plat Book 51, page 122, Gilmer County, Georgia records, said plat being incorporated herein by reference for a more complete description thereof.

Further Less and Except:

All that tract or parcel of land Conveyed by Warranty Deed from Clear Creek Properties, LCC to Terry K. Johnson, dated January 27, 2009, recorded in Deed Book 1525, Page 301, being more particularly described as follows:

All that tract or parcel of land lying and being in Land Lot 105, 5th District, 2nd Section, Gilmer County, Georgia, consisting of 2.30 acres and designated as Lot 16 Falling Waters, Phase I, as shown on Plat of Survey for Falling Waters, Phase 1. Said plat, February 1, 2008, prepared by Mark E. Chastain, Georgia Registered Land Surveyor No. 2718, is recorded in Plat Book 51, Page 126, Gilmer County, Georgia Records with reference made thereto for the purpose of incorporating the same.

The above described property is a portion of the same property which was conveyed by Quitclaim Deed from Legacy Mountain Properties, LLC to Clear Creek Properties, LLC, dated December 31, 2007, as filed of record in Deed Book 1459, Page 279, Gilmer County, Georgia Records.

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: that certain Easement for Well and Shared Cost Agreement dated April 13, 2013, by and between Clear Creek Properties, LLC, Community & Southern Bank and Chad Muilenburg and Tiffany Muilenburg, recorded in Deed Book 1804, Page 407, Gilmer County, Georgia Records; that certain Master Declaration of Covenants, Conditions and Restrictions for Falling Waters by Clear Creek Properties, LLC dated May 28, 2008, recorded in Deed Book 1479, Page 194, Gilmer County, Georgia Records; that certain Plat of Survey for Clear Creek Properties, LLC, by Chastain & Associates, P.C., dated February 11, 2008 and revised August 11, 2008, recorded in Plat Book 52, Page 24, Gilmer County, Georgia Records; that certain Final Plat for Falling Waters Phase One, dated February 1, 2008, recorded in Plat Book 51, Pages 122-128, Gilmer County, Georgia Records; 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. The property will be sold not subject to that certain Easement Agreement from Legacy Mountain Properties, LLC and Clear Creek Properties, LLC to Bearfoot Investments, LLC dated December 1, 2010, recorded in Deed Book 1645, Page 17, Gilmer County, Georgia Records, with Assignment from Bearfoot Investments, LLC to Highland Falls, LLC, dated February 8, 2013, recorded in Deed Book 1786, Page 33, Gilmer County, Georgia Records. To the best of the knowledge and belief of the undersigned, the party in possession of the property is LEGACY MOUNTAIN PROPERTIES, LLC AND CLEAR CREEK PROPERTIES, LLC 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 LEGACY MOUNTAIN PROPERTIES, LLC AND CLEAR CREEK PROPERTIES, LLC

Contact: Guillermo Todd, Esq.

Busch White Norton, LLP

3330 Cumberland Boulevard, Suite 300

Atlanta, Georgia 30339

Telephone (770) 790-3550



1/29/2015

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 Ryszard J. Lozicki and Karen M. Lozicki to SunTrust Mortgage, Inc., dated October 23, 2006, and recorded in Deed Book 1319, Page 193, Gilmer County, Georgia Records, subsequently modified by a Loan Modification Agreement recorded September 25, 2013 in Book 1830, Page 224 in the amount of No and 00/100 ($0.00) Gilmer County, Georgia Records, as last transferred to SunTrust Bank by assignment recorded on March 26, 2014 in Book 1857 Page 348 in the Office of the Clerk of Superior Court of Gilmer County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Five Hundred Thirteen Thousand and 0/100 dollars ($513,000.00), 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 February 3, 2015, the following described property:

All that tract or parcel of land lying and being in Land Lots 39, 40, 69 and 70, 11th District, 2nd Section, consisting of 1.931 acres and being designated as Lot 113 of Preserve at Mountaintown Creek, Phase II the final plat for The Preserve at Mountaintown Creek Phase II located in Land Lots 39, 40, 69, 70, 75 and 76, 11th District, 2nd Section, (Lots 39 through 160), Gilmer County, Georgia as recorded in Plat Book 46, Pages 174 through 180, Gilmer County, Georgia Records.Conveyance of the above described property is made subject to The Preserve at Mountaintown Declaration of Restrictions, Covenants and Conditions as recorded in Deed Book 1210, Page 40-76, Gilmer County, Georgia Records and as amended thereto in the Amended and Restated Declaration of Protective Covenants for The Preserve at Mountaintown Creek as recorded in Deed Book 1256, Page 379-429, Gilmer County, Georgia Records.The above described property is a portion of that which was conveyed by Warranty Deed dated June 22, 2006 from Mountaintown Waters, LLC to Ryszard J. Lozicki and Karen M. Lozicki, as recorded in Deed Book 1281, Page 269, 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 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 Ryszard J. Lozicki and Karen M. Lozicki, as Trustees of the Lozicki Family Trust, dated May 20, 2008 or tenant(s); and said property is more commonly known as 650 Red Oak Trail, Ellijay, GA 30540.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.

SunTrust Bank as Attorney in Fact for Ryszard J. Lozicki and Karen M. Lozicki.

Brock & Scott, PLLC

4360 Chamblee Dunwoody RoadSuite 310Atlanta, GA 30341

404-789-2661

B&S file no.: 14-03665



1/29/2015

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 Aby H. Ramey to Mortgage Electronic Registration Systems, Inc. as nominee for United Community Mortgage Services, Inc., dated January 18, 2011, and recorded in Deed Book 1653, Page 400, Gilmer County, Georgia Records, as last transferred to Central Mortgage Company by assignment recorded on June 14, 2013 in Book 1810 Page 455 in the Office of the Clerk of Superior Court of Gilmer County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of One Hundred Twenty-Three Thousand Eight Hundred and 0/100 dollars ($123,800.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Gilmer County, Georgia, within the legal hours of sale on February 3, 2015 the following described property:

All that tract or parcel of land lying and being in Land Lots 67 and 68, 11th District, 2nd Section of Gilmer County, Georgia, being a portion of Tract 1, consisting of 1.50 acres, as shown on plat of survey for Aby H. Ramey, said plat dated September 4, 2009, is recorded in Plat Book 53, Page 6, Gilmer County Records with reference made thereto for the purpose of incorporating same. Included are all improvements thereon.

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) 366-2132 - Loss Mitigation Dept, or by writing to 801 John Barrow Road, Suite 1, Little Rock, Arkansas 72205, 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 Aby H. Ramey or tenant(s); and said property is more commonly known as 110 Sunset Grove Lane, Ellijay, GA 30540.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code (2) final confirmation and audit of the status of the loan with the holder of the security deed and (3) any right of redemption or other lien not extinguished by foreclosure.

Central Mortgage Company as Attorney in Fact for Aby H. Ramey.

Brock & Scott, PLLC

4360 Chamblee Dunwoody Road, Suite 310, Atlanta, GA 30341

404-789-2661

B&S file no.: 14-28169



1/29/2015

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 Kris D. Reece and Bryde E. Reece to New Horizons Bank dated July 31, 2009 as recorded in Deed Book 1565, Page 273, in the offices of the Clerk of the Superior Court of Gilmer County, Georgia; as modified by that certain Modification of Security Deed dated August 27, 2012 and recorded in Deed Book 1753, Page 406, aforesaid records;; as assigned to Citizens South Bank by that certain Master Assignment dated April 15, 2011 and recorded in Deed Book 1671, Page 10, aforesaid records (as same may have been further 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 February, 2015, the following described real property, to wit:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 257 OF THE 10TH DISTRICT AND 2ND SECTION OF GILMER COUNTY, GEORGIA, AND BEING LOT 30, AS SHOWN ON PLAT OF SURVEY FOR TIM GARLAND. SAID PLAT, DATED JANUARY 7, 1998, BY JOEL JORDAN, GRLS # 2430, IS RECORDED IN PLAT BOOK 30, PAGE 190, GILMER COUNTY, GEORGIA RECORDS, TO WHICH REFERENCE IS HEREBY MADE FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION, AND TO INCORPORATE THE SAME HEREIN.

PROPERTY BEING MORE COMMONLY KNOWN AS: 420 NEW HOPE CLUB ROAD, ELLIJAY, GEORGIA

The debt secured by the Security Deed is evidenced by a renewal Promissory Note from Kris D Reece and Bryde E. Reece (collectively the “Borrower”) to Citizens South Bank, dated August 27, 2012, in the original principal amount of $129,299.16; as affected by Change in Terms Agreement from Borrower to Park Sterling Bank dated April 23, 2013 (as same may have been further modified, renewed or amended, 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 Kris D. Reece and Bryde E. Reece, 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 other 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 Kris D. Reece and Bryde E. Reece.

To the best of the undersigned's knowledge and belief, the party in possession of the real property is Kris D. Reece and Bryde E. Reece, and tenants holding under them.

Park Sterling Bank, successor by merger to Citizens South Bank, as successor in interest to New Horizons Bank, as Attorney-in-Fact for Kris D. Reece and Bryde E. Reece.

M. Todd Westfall, Esquire

Howick, Westfall, McBryan & Kaplan, LLP

Suite 600, One Tower Creek

3101 Towercreek Parkway

Atlanta, Georgia 30339

(678) 384-7005



1/29/2015

NOTICE OF SALE UNDER POWER, GILMER COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by James Earl Rogers to Mortgage Electronic Registration Systems, Inc. as nominee for GreenPoint Mortgage Funding, Inc. dated 3/3/2006 and recorded in Deed Book 1258 Page 185, Gilmer County, Georgia records; as last transferred to or acquired by U.S. Bank National Association, as Trustee for J.P. Morgan Alternative Loan Trust 2006-S2, conveying the after-described property to secure a Note in the original principal amount of $ 187,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Gilmer County, Georgia, within the legal hours of sale on March 03, 2015 (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 THE 6TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, AND BEING LAND LOTS 52 AND S7 CONTAINING 9.98 ACRES, MORE OR LESS, AS PER PLAT OF SURVEY FOR HOMER IKE AND ALICE CAROL STACEY, MADE BY ROBERT D. HYATT, GEORGIA REGISTERED LAND SURVEYOR NO. 2297, DATED MARCH 28, 1997 AND BEINGMORE PARTICULARLY DESCRIBED AS FOLLOWS:TO ASCERTAIN THE TRUE POINT OF BEGINNING, COMMENCE AT A POINT COMMON TO LAND LOTS 52,53,57 AND 56; THENCE SOUTH 89 DEGREES 18 MINUTES 20 SECONDS WEST A DISTANCE OF 941.2 FEET FROM THE SOUTH EAST CORNER OF LAND LOT 52 TO AN IRON PIN, THE SAME BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 01 DEGREES 28 MINUTES 59 SECONDS WEST 400.36 FEET TO AN IRON PIN; THENCE NORTH 88 DEGREES 18 MINUTES 40 SECONDS EAST 395.42 FEET TO AN IRON PIN; THENCE SOUTH 39 DEGREES 36 MINUTES 00 SECONDS EAST 168.40 FEET TO A POINT; THENCE SOUTH 59 DEGREES 37 MINUTES 00 SECONDS EAST 77.30 FEET TO A POINT; THENCE SOUTH 43 DEGREES 35 MINUTES 52 SECONDS EAST 55.52 FEET TO A POINT; THENCE SOUTH 01 DEGREES 24 MINUTES 04 SECONDS EAST 302.8 FEET TO A POINT; THENCE SOUTH 03 DEGREES 43 MINUTES 26 SECONDS WEST 46.15 FEET TO A POINT; THENCE SOUTH 04 DEGREES 11 MINUTES 10 SECONDS WEST 61.65 FEET TO A POINT; THENCE SOUTH 07 DEGREES 20 MINUTES 25 SECONDS EAST 34.17 FEET TO A POINT; THENCE SOUTH 25 DEGREES 01 MINUTES 54 SECONDS EAST 50.59 FEET TO A POINT; THENCE SOUTH 35 DEGREES 54 MINUTES 18 SECONDS EAST 51.12 FEET TO A POINT; THENCE SOUTH 87 DEGREES 13 MINUTES 41 SECONDS WEST 88.19 FEET TO A POINT; THENCE SOUTH 31 DEGREES 17 MINUTES 30 SECONDS EAST 30.90 FEET TO A POINT; THENCE SOUTH 05 DEGREES 44 MINUTES 39 SECONDS WEST 107.71 FEET TO A POINT; THENCE SOUTH 33 DEGREES 38 MINUTES 07 SECONDS WEST 30.45 FEET TO A POINT; THENCE SOUTH 55 DEGREES 52 MINUTES 58 SECONDS WEST 63.34 FEET TO AN IRON PIN; THENCE SOUTH 10 DEGREES 28 MINUTES 11 SECONDS EAST 20.23 FEET TO A POINT; THENCE SOUTH 37 DEGREES 33 MINUTES 31 SECONDS WEST 154.97 FEET TO AN IRON PIN; THENCE NORTH 89 DEGREES 52 MINUTES 32 SECONDS WEST 413.03 FEET TO AN IRON PIN; THENCE NORTH 01 DEGREES 23 MINUTES 49 SECONDS EAST 396.72 FEET TO AN IRON PIN AND THE TRUE POINT OF BEGINNING.

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 955 Stover Creek Cove, Blue Ridge, GA 30513 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): James Earl Rogers or tenant or tenants.

Select Portfolio Servicing, Inc. is the entity or individual designated who shall have full authority to negotiate, amend and modify all terms of the mortgage.

Select Portfolio Servicing, Inc.

Loan Resolution Department, 3815 South West Temple, Salt Lake City, UT 84115 (888) 349-8955

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.

U.S. Bank National Association, as Trustee for J.P. Morgan Alternative Loan Trust 2006-S2 as agent and Attorney in Fact for James Earl Rogers

Aldridge Connors, LLP, 15 Piedmont Center, 3575 Piedmont Road, N.E., Suite 500, Atlanta, Georgia 30305, (404) 994-7400.

1012-660910A

THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1012-660910A



1/29/2015
Polling All Citizens
Do you prefer cold or warm weather?

 
Advertisers
click ad below for details
  • Show All Ads