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Foreclosures

NOTICE OF SALE UNDER POWER

STATE OF GEORGIA

COUNTY OF GILMER

Because of a default in the payment of the indebtedness evidenced by the Note (as hereinafter described), secured by a Deed to Secure Debt from Jerry Lee Cole and Alice M. Cole (hereinafter referred to as “Grantor”) to Peoples Bank of East Tennessee dated May 28, 2011, filed for record in Deed Book 1677, Page 122, in the Office of the Clerk of the Superior Court of Gilmer County, Georgia (the “Security Deed”), the undersigned, Peoples Bank of East Tennessee, pursuant to said Security Deed and that certain Universal Note dated December 28, 2012, in the original principal amount of $570,417.74 (“Note-1”), and that certain Universal Note dated December 28, 2012, in the original principal amount of $60,000.00 (“Note-2”; Note-1 and Note-2 are hereinafter collectively referred to as the “Note”) has declared the entire amount of said indebtedness due and payable. Therefore, pursuant to and by virtue of the power of sale contained in the Security Deed, there will be sold by the undersigned at public outcry to the highest and best bidder for cash before the Courthouse door on the courthouse steps at Gilmer County, Georgia, within the legal hours of sale on the first Tuesday in April, 2015, the following described property:

All that tract or parcel of land lying and being in Land Lot No. 10 of the 5th District and 2nd Section of Gilmer County, Georgia, containing 14.06 acres of land, as shown on plat of survey for Jerry Cole dated February 17, 2011, prepared by Joel Jordan, G.R.L.S. No. 2430, Cherry Log Survey Co., Inc. and being recorded in Plat Book 54, Page 201 in the Office of the Clerk of Superior Court, Gilmer County, Georgia. Said recorded plat is incorporated herein by reference thereto for a more complete and accurate legal description of the above-described property, together with all fixtures and personal property attached to and constituting a part of said property, and replacements and additions.

The above described property is conveyed subject to any and all easements, restrictions, rights of way as set forth on the aforementioned plat or as appearing of record.

Being a portion of the same property conveyed to Jerry Lee Cole by Warranty Deed from Paul Frank Tipton, Scott P. Tipton and Carolyn Ippsich recorded on May 18, 2004 in Book 1054, page 263 in the Office of the Clerk of Superior Court, Gilmer County, Georgia. Jerry Lee Cole conveyed title to himself and his wife, Alice M. Cole to create a joint tenancy with right of survivorship by Warranty Deed recorded on July 30, 2004 in Book 1073, page 250 in said Clerk’s office. A Corrective Warranty Deed was executed by Paul Frank Tipton, Scott P. Tipton and Carolyn Ippsich to Jerry Lee Cole and wife, Alice M. Cole to amend the legal description, which was recorded on January 12, 2005 in Book 1114, page 501 in said Clerk’s office.

TOGETHER WITH all of the buildings, building materials, fixtures and improvements on, in and to the property and all easements, rights, rents, royalties, mineral, oil and gas rights, profits and water rights.

The indebtedness secured by the Security Deed has been and is hereby declared due because of default under the terms of said Note and Security Deed. The indebtedness remaining in default, the sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Security Deed, accrued interest and expenses of the sale, and all other payments provided for under the Security Deed, including permitted attorneys’ fees as provided in the Note and Security Deed, notice of intention to collect attorneys’ fees and expenses of the foreclosure having been given as provided by law and as provided by the terms of the Security Deed; and the remainder, if any, shall be applied as provided by law.

To the best knowledge and belief of the undersigned, Jerry Lee Cole and Alice M. Cole are in possession of said property. Said property will be sold subject to any prior restrictive covenants, easements, rights-of-way, valid zoning ordinances, matters which would be disclosed by an accurate survey of the property or by an inspection of the property, and any liens or encumbrances superior to the Security Deed first set out above, and subject to all outstanding taxes, assessments, and utility bills which may constitute a lien against said property, whether due and payable or not yet due and payable.

Peoples Bank of East Tennessee hereby notifies Grantor that Peoples Bank of East Tennessee remains the holder of the security interest set forth in the Security Deed. Grantor may communicate with Peoples Bank of East Tennessee by contacting Ms. Ann Castle, Peoples Bank of East Tennessee, P. O. Box 159, Murphy, North Carolina 28906, or by telephone at (828) 837-4150. Ms. Castle has full authority to negotiate, amend, and modify all terms of the Security Deed with Grantor.

PEOPLES BANK OF EAST TENNESSEE, as Attorney-in-Fact for JERRY LEE COLE and ALICE M. COLE

By:Thomas E. Austin, Jr.,

Attorney for Peoples Bank of East Tennessee

Thomas E. Austin, Jr., LLC

3490 Piedmont Road, N.E.

Suite 1005

Atlanta, Georgia 30305-4809

(404) 814-3755

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



3/29/2015

STATE OF GEORGIA

COUNTY of GILMER

NOTICE OF SALE UNDER POWER

By virtue of the power of sale contained in that certain Deed to Secure Debt from JOHNNY L. DOWLING and SHERRY S. DOWLING to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR APPALACHIAN COMMUNITY BANK dated June 4, 2009, filed for record June 18, 2009, and recorded in Deed Book 1556, Page 378, GILMER County, Georgia Records, as last transferred to CENLAR FSB by assignment recorded in Deed Book 1785, Page 209, GILMER County, Georgia Records, Deed to Secure Debt having been given to secure a Note dated June 4, 2009 in the original principal sum of TWO HUNDRED THIRTY FOUR THOUSAND AND 0/100 DOLLARS ($234,000.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned 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 April, 2015, the following described property:

TRACT A:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 231, 10TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, CONSISTING OF 0.67 ACRE AND DESIGNATED AS TRACT A, AS SHOWN ON PLAT OF SURVEY FOR BENTON STONE AND MISTY J. STONE. SAID PLAT, DATED JUNE 19, 1996, PREPARED BY JOEL JORDAN, GEORGIA REGISTERED LAND SURVEYOR NO. 2430, IS RECORDED IN PLAT BOOK 39, PAGE 127, GILMER COUNTY, GEORGIA RECORDS.

AND TRACT C:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 231, 10TH DISTRICT, 2ND SECTION, GILMER COUNTY, GEORGIA, CONSISTING OF 0.10 ACRE AND DESIGNATED AS TRACT C, AS SHOWN ON PLAT OF SURVEY FOR BENTON STONE AND MISTY J. STONE. SAID PLAT, DATED JUNE 19, 1996, PREPARED BY JOEL JORDAN, GEORGIA REGISTERED LAND SURVEYOR NO. 2430, IS RECORDED IN PLAT BOOK 39, PAGE 127, GILMER COUNTY, GEORGIA RECORDS.

CONVEYANCE OF THE ABOVE DESCRIBED PROPERTY IS MADE SUBJECT TO THOSE DECLARATION OF RESTRICTIONS FOR BUCKHORN, DATED JUNE 1, 1983, AS FILED OF RECORD IN DEED BOOK 125, PAGE 464, GILMER COUNTY, GEORGIA RECORDS.

THE ABOVE DESCRIBED PROPERTY IS THE SAME PROPERTY WHICH WAS CONVEYED BY WARRANTY DEED FROM BENTON STONE AND MISTY J. STONE OF JOHNNY L. DOWLING AND SHERRY S. DOWLING, DATED NOVEMBER 7, 2002, AS FILED OF RECORD IN DEED BOOK 903, PAGE 358, GILMER COUNTY, GEORGIA RECORDS.

To the best of the knowledge and belief of the undersigned, the party in possession of the property is JOHNNY L. DOWLING and SHERRY S. DOWLING or a tenant or tenants. Said property is more commonly known as: 820 SHENENDOA DRIVE, ELLIJAY, GA 30540.

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 (notice of intent to collect attorney’s fees having been given).

The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is CENLAR FSB, 425 PHILLIPS BLVD, EWING, NJ 08618-1430; (877) 909-9416.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. 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.

Said property will be sold as the property of JOHNNY L. DOWLING and SHERRY S. DOWLING.

CENLAR FSB

As Attorney-in-Fact for

JOHNNY L. DOWLING

SHERRY S. DOWLING

Phelan Hallinan Diamond & Jones, PLLC

11675 Great Oaks Way, Suite 375

Alpharetta, GA 30022

Telephone: 770-393-4300

Fax: 770-393-4310

PH # 21960

This law firm is acting as a debt collector. Any information obtained will be used for that purpose.



3/29/2015

NOTICE OF SALE UNDER POWER

STATE OF GEORGIA

COUNTY OF GILMER

By virtue of the Power of Sale contained in that Security Deed executed and delivered by Grady D. Gayton to Regions Bank, dated April 26, 2004, and recorded in Deed Book 1050, Page 211, as modified by that certain Modification of Security Deed dated June 3, 2005, recorded in Deed Book 1160, Page 219, Gilmer County Records, conveying the after-described property to secure a Note in the original principal amount of Sixty Thousand Dollars and 00/cents ($60,000.00) with interest thereon as set forth therein, there will be sold at public outcry before the Courthouse door in said County by Regions Bank, during the legal hours of sale on the first Tuesday in April, 2015, to the highest bidder for cash, the following described property, as follows:

All that tract or parcel of land lying and being in the 25th District 2nd Section of Gilmer County, Georgia, and being a portion of Land Lots 212 and 221 and designated as Lot 1 of Investment Funds, Inc. as shown on a plat of survey by Burns L. Jeffries, G.R.L.S. #2036, dated June 1, 1982 and recorded in Plat Book 10, page 96, Gilmer County Plat Records.

Upon information and belief of lender, said property is commonly known as 9200 Tails Creek Road, Ellijay, Georgia 30540.

The said debt secured by the said Security Deed being in default, said sale will be made for the purpose of paying the same and all expenses in connection with this foreclosure including but not limited to all accrued and unpaid interest, attorney's fees and expenses of sale.

Upon the best information and belief of Lender, the above-described property is in the possession of the Borrower, and/or tenants of Borrower or other persons or entities in possession with the consent or acquiescence of Borrower.

The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Regions Bank, 2050 Parkway Office Circle, Birmingham, Alabama 35244 at 205-560-7588. Please understand that the secured creditor is not required to negotiate, amend or modify the terms of the mortgage instrument.

Said property will be sold as the property of Grady D. Gayton, and subject to any outstanding ad valorem real property taxes (including taxes which are a lien, but not yet due and payable), any matter 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 to confirmation that the sale is not prohibited under the U. S. Bankruptcy Code and to final confirmation and audit of the status of the loan with the holder of the security deed.

THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Regions Bank, as attorney in fact for Grady D. Gayton

MICHAEL D. PAYNE, Attorney for

Regions Bank

McCullough, Payne & Haan, LLC

271 17th Street, N.W., Suite 2200

Atlanta, Georgia 30363-6213

(404) 873-1386



3/29/2015

Notice of Sale Under Power

Georgia, Gilmer County

Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by Edward E. Grant and Laura E. Grant to United Community Mortgage Services, Inc., dated August 11, 2004, and recorded in Deed Book 1076, Page 422, Gilmer County, Georgia records, as last transferred to U.S. Bank National Association, as Trustee, successor in interest to Bank of America, NA, as Trustee, sbm LaSalle Bank NA, as Trustee for WaMu Mortgage Pass-Through Certificates Series 2004-CB4 by Assignment recorded in Deed Book 1783, Page 259, Gilmer County, Georgia records, conveying the after-described property to secure a Note of even date in the original principal amount of $333,700.00, 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 the first Tuesday in April, 2015, to wit: April 7, 2015, the following described property:

All that tract or parcel of land lying in Land Lot 14, 11th District, 2nd Section and also Land Lot 311, 10th District, 2nd Section, Gilmer County, Georgia, containing 2.10 acres, as more fully described on plat of survey for Overland Trails Property Management, Inc., dated May 7, 2004, by Mark E. Chastain, GRLS #2718, as recorded in Plat Book 43, Page 2, Gilmer County Records; together with all improvements, fixtures, shrubbery, including a single-family residence and appurtenances thereto.

The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).

Said property is commonly known as 273 Rose Petal Lane, Ellijay, GA 30540, together with all fixtures and personal property attached to and constituting a part of said property. To the best knowledge and belief of the undersigned, the party (or parties) in possession of the subject property is (are): Edward E. Grant and Laura E. Grant or tenant or tenants.

Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.

The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.

Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.

Pursuant to O.C.G.A. Section 44-14-162.2, the entity that has full authority to negotiate, amend and modify all terms of the mortgage with the debtor is:

Select Portfolio Servicing, Inc., Attention: Loss Mitigation Department, 3815 South West Temple?Salt Lake City, Utah 84115?1-888-818-6032

The foregoing notwithstanding, nothing in OC.G.A. Section 44-14-162.2 shall be construed to require the secured creditor to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.

This sale is conducted on behalf of the secured creditor under the power of sale granted in the aforementioned security instrument, specifically being

U.S. Bank National Association, as Trustee, successor in interest to Bank of America, NA, as Trustee, sbm LaSalle Bank NA, as Trustee for WaMu Mortgage Pass-Through Certificates Series 2004-CB4

as attorney in fact for

Edward E. Grant and Laura E. Grant

Richard B. Maner, P.C.

5775 Glenridge Drive

Building D, Suite 100

Atlanta, GA 30328

(404)252-6385

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

FC15-019



3/29/2015

STATE OF GEORGIA

COUNTY OF Gilmer

NOTICE OF SALE UNDER POWER

Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated October 31, 2007, executed by George W. Kaupp to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, FSB, recorded in Deed Book 1429, Page 322, Gilmer County, Georgia Deed Records, and securing a Note in the original principal amount of $100,000.00, said Security Deed last having been assigned to GREEN TREE SERVICING LLC, 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 April, 2015 to-wit: April 7, 2015, 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 THE 11TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, AND BEING A PART OF LAND LOT 188, BEING MORE PARTICULARLY DESCRIBED AS TRACT A, CONTAINING 0.44 ACRES, MORE OR LESS, AS SHOWN ON PLAT OF SURVEY FOR SHIRLEY EVANS, DATED JUNE 28, 2006, PREPARED BY JOEL JORDAN, GRLS NO. 2430, AND RECORDED IN PLAT BOOK 47, PAGE 174B, GILMER COUNTY, GEORGIA RECORDS. SAID RECORDED PLAT IS HEREBY MADE A PART OF THIS DEED BY REFERENCE THERETO FOR A MORE COMPLETE AND ACCURATE LEGAL DESCRIPTION.

The aforedescribed real property is also known as 103 Talona Rd., 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 Green Tree Servicing LLC, Attn: Loss Mitigation, 7360 S. Kyrene Road, Mail Stop P-214, Tempe, AZ 85283. The telephone number is (877) 337-4141. The fax number is (877) 265-9717.

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.

To the extent that said real property is comprised of more than one parcel, said real property will be sold in one or more parcels and in such order as the holder of the Security Deed may determine.

Upon information and belief, said real property is presently in the possession or control of George W. Kaupp 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.

GREEN TREE SERVICING LLC

as Attorney-in-Fact for

GEORGE W. KAUPP

Ellis, Painter, Ratterree & Adams LLP

2 East Bryan Street, 10th Floor

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.



3/29/2015

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 from REBECCA LANDAU to Gilmer County Bank (a division of Appalachian Community Bank), dated April 25, 2005, recorded April 29, 2005, in Deed Book 1141, Page 297, Gilmer County, Georgia records, transferred to Community & Southern Bank pursuant to that certain Purchase and Assumption Agreement dated as of March 19, 2010, by and among Community & Southern Bank, The Federal Deposit Insurance Corporation, Receiver of Appalachian Community Bank and The Federal Deposit Insurance Corporation, and as assigned to COMMUNITY & SOUTHERN BANK by Assignment recorded in Deed Book 1615, Page 301, Gilmer County Records, with an Amendment and Clarification recorded in Deed Book 1624, Page 122, Gilmer County, Georgia records, as modified by Modification Agreements recorded in Deed Book 1712, Page 29; Deed Book 1716, Page 46 and Deed Book 1804, Page 116, Gilmer County, Georgia records, said Security Deed being given to secure a Note from REBECCA LANDAU dated April 24, 2008 in the original principal amount of Seven Hundred Fifty Thousand and 00/100 ($750,000.00) Dollars, as modified, with interest from date at a rate per cent per annum on the unpaid balance until paid; there will be sold by the undersigned 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 April, 2015, the following described property:

All that tract or parcel of land lying and being in Land Lots 2 & 35, 5th District, 2nd Section of Gilmer County, consisting of 198.5 acres as shown on Plat of Survey for Dr. Charles R. Andrews, Jr. Said plat, dated March 1977, by J. H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 7, Page 18, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.

LESS AND EXCEPT THE FOLLOWING:

(1) All that tract or parcel of land lying and being in Land Lot 35, 5th District, 2nd Section of Gilmer County consisting of 10.2 +/- acres as shown on Plat of Survey for L.C. O’Donnell. Said plat, dated March 1977, revised March 31, 1988, by J. H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 16, Page 190, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.

(2) All that tract or parcel of land lying and being in Land Lot 35, 5th District, 2nd Section of Gilmer County consisting of 4.4 +/- acres as shown on Plat of Survey for L.C. O’Donnell. Said plat, dated March 22, 1988, by J. H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 16, Page 191, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.

(3) All that tract or parcel of land lying and being in Land Lot 35, 5th District, 2nd Section of Gilmer County consisting of 4.13 acres as shown on Plat of Survey for Andrew Patterson. Said plat, dated March 30, 1988, by Lane S. Bishop, Georgia Registered Land Surveyor No. 1575, is recorded in Plat Book 17, Page 191, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.

(4) All that tract or parcel of land lying and being in Land Lot 35, 5th District, 2nd Section of Gilmer County consisting of 3.08 acres as shown on Plat of Survey for L.C. O’Donnell. Said plat, dated July 17, 1989, by J. H. Rea, Georgia Registered Land Surveyor No. 1955, is recorded in Plat Book 18, Page 133, Gilmer County Records, with reference made thereto for the purposes of incorporating the same.

The above described property is a portion of the same property which was conveyed to Rebecca Landau in the following Warranty Deeds:

(1) Warranty Deed dated October 3, 1985 from Richard W. Landau a/k/a Richard Landau as recorded in Deed Book 210, Page 505, Gilmer County Records.

(2) Warranty Deed dated November 29, 1995 from Leonard C. O’Donnell as recorded in Deed Book 475, Page 223, 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 the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given).

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, easements, 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 LANDAU or a tenant or tenants.

COMMUNITY & SOUTHERN BANK,

as attorney in Fact for REBECCA LANDAU

L. Lou Allen

Stites & Harbison, PLLC

520 West Main Street

Blue Ridge, Georgia 30513

(706) 632-7923

File No. CO608-00538



3/29/2015

STATE OF GEORGIA

COUNTY of GILMER

NOTICE OF SALE UNDER POWER

By virtue of the power of sale contained in that certain Deed to Secure Debt from THERESA RECKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR MARKET STREET MORTGAGE CORPORATION dated February 14, 2006, filed for record April 25, 2006, and recorded in Deed Book 1257, Page 372, GILMER County, Georgia Records, as last transferred to CARRINGTON MORTGAGE SERVICES, LLC by assignment recorded in Deed Book 1877, Page 216, GILMER County, Georgia Records, Deed to Secure Debt having been given to secure a Note dated February 14, 2006 in the original principal sum of NINETY EIGHT THOUSAND NINE HUNDRED SIXTY TWO AND 0/100 DOLLARS ($98,962.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned 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 April, 2015, the following described property:

ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 281, 10TH DISTRICT, 2ND SECTION OF GILMER COUNTY, GEORGIA, AND DESIGNATED AS LOT 9, NEW HOPE VALLEY, AS SHOWN ON A PLAT OF SURVEY PREPARED BY CHASTAIN & REECE, P.C., RECORDED 3/9/2001 IN PLAT BOOK 36, PAGE 145 GILMER COUNTY, GEORGIA RECORDS WITH REFERENCE MADE THERETO FOR THE PURPOSE OF INCORPORATING SAME.

TOGETHER WITH THAT CERTAIN HOUSING UNIT WHICH WAS FORMERLY PERSONALTY, BUT IS NOW PERMANENTLY ANNEXED AND AFFIXED TO THE ABOVE-DESCRIBED LAND AS A PERMANENT IMPROVEMENT AND WHICH IS SUBJECT OF GEORGIA MOTOR VEHICLE VIN # PH1410311AB WITH CURRENT TITLE NUMBER 772982050680103 WHICH IS A 1999 PALMETTO II MOBILE HOME MODEL # 7532.

To the best of the knowledge and belief of the undersigned, the party in possession of the property is THERESA RECKER or a tenant or tenants. Said property is more commonly known as: 293 OLD WOODRING ROAD, ELLIJAY, GA 30540.

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 (notice of intent to collect attorney’s fees having been given).

The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is CARRINGTON MORTGAGE SERVICES, LLC, 1610 E ST ANDREW, SUITE B 150, SANTA ANA, CA 92705; (949) 517-5202.

Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.

The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. 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.

Said property will be sold as the property of THERESA RECKER.

CARRINGTON MORTGAGE SERVICES, LLC

As Attorney-in-Fact for

THERESA RECKER

Phelan Hallinan Diamond & Jones, PLLC

11675 Great Oaks Way, Suite 375

Alpharetta, GA 30022

Telephone: 770-393-4300

Fax: 770-393-4310

PH # 21917

This law firm is acting as a debt collector. Any information obtained will be used for that purpose.



3/29/2015

NOTICE OF SALE UNDER POWER, GILMER COUNTY

Pursuant to the Power of Sale contained in a Security Deed given by Nancy Joella Rothenberg aka Nancy R. Williams to Mortgage Electronic Registration Systems, Inc., as nominee for Quicken Loans Inc. dated 6/1/2012 and recorded in Deed Book 1738 Page 486, Gilmer County, Georgia records; as last transferred to or acquired by Federal National Mortgage Association (“Fannie Mae”), a corporation organized and existing under the laws of the United States of America, conveying the after-described property to secure a Note in the original principal amount of $ 121,775.00, 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 April 07, 2015 (being the first Tuesday of said month unless said date falls on a Federal Holiday), the following described property:

Tax Id Number(s): 3139 045 Land Situated in the City of Ellijay in the County of Gilmer in the State of GA

The following described property, to-wit: All that tract or parcel of land lying and being in Land Lot 189 and 190, 6th District, 2nd Section of Gilmer County, Georgia and consisting of 1.32 acres, more or less, as shown on plat of survey for Gregory G. Sluder, dated November 13, 2006, prepared by Joel Jordan, GRLS# 2430 and recorded in Plat Book 48, page 140A, Gilmer County, Georgia Records. Said plat is incorporated herein by reference for a more complete description. Commonly known as: 57 ELFORD RD, ELLIJAY, GA 30536

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 57 Elford Road, Ellijay, GA 30536 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): Nancy R. Williams 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.

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 (“Fannie Mae”), a corporation organized and existing under the laws of the United States of America as agent and Attorney in Fact for Nancy Joella Rothenberg aka Nancy R. Williams

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

1168-2563A

THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1168-2563A



3/29/2015
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