7820 TR-31-4-6984 8/23 GEORGIA, STEPHENS COUNTY.IN RE: FRED LEWIS AYERS DECEASED NOTICE
7820 TR-31-4-6984 8/23
GEORGIA, STEPHENS COUNTY.IN RE: FRED LEWIS AYERS DECEASED
NOTICE
All creditors of the estate of Fred Lewis Ayers, late of Stephens County, Georgia, are hereby otified to render their demands to the Executrix, according to law, and all persons indebted to said estate are required to make immediate payment to said Executrix.
This 26th day of July, 2012.Eva M. McJunkin
Executrix of the Estate of Fred Lewis Ayers
P.O. Box 115
Eastanollee, Georgia 30538
McClure, Ramsay, Dickerson & Escoe
P.O. Drawer 1408
Toccoa, Georgia 30577
706-886-3178
FORECLOSURES
GPN11
7869 TR-28-4-18947
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA
COUNTY OF STEPHENS.
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (?Security Deed?) executed by Roger D. Sheppard in favor of First Georgia Banking Company dated March 20, 2009, and recorded at Deed Book 890, pages 413-418 of the Stephens County, Georgia Deed Records, as assigned to CertusBank, N.A. by Assignment recorded at Deed Book _____, page ____, of the Stephens County deed records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Stephens County, Georgia, during the legal hours of sale, on the first Tuesday in August, that being August 7, 2012, the following described property:
TRACT ONE: All that tract or parcel of land lying and being in the 440th G.M.D., Stephens County, Georgia, within the corporate limits of the City of Toccoa, and being described as follows: BEGINNING at an iron pin on the North side of West Tugalo Street at property of J. L. Sisk, formerly G. W. Rumsey; thence running along Tugalo Street West 70 feet to an iron pin at corner on driveway of Roy Lyles; thence running North along Lyles line a straight line 100 feet to an iron pin; thence running East 70 feet along J. L. Sisk property to an iron pin corner on J. L. Sisk property; thence running a straight line South 100 feet back to the iron pin point of beginning on West Tugalo Street, making a lot fronting on the North side of Tugalo Street and being 70 by 100 feet.
TRACT TWO: All that tract or parcel of land, with improvements thereon, lying and being in the 440th G.M.D., City of Toccoa, Stephens County, Georgia, fronting 70 feet on Tugalo Street and running back 100 feet along Tallulah Street, being a lot 70 X 100 feet; bounded on the North by lands of J. L. Sisk; East by Tallulah Street; South by Tugalo Street; and West by J. L. Sisk.
This is the same property as conveyed by Warranty Deed from J. D. Loudermilk and Mrs. Lula C. Loudermilk to Roy R. Sheppard dated September 1, 1950, and recorded in Deed Book 47, Page 560, Stephens County Records.
TRACT THREE: All that tract or parcel of land lying and being in the City of Toccoa, Stephens County, Georgia, located on the East side of North Tallulah Street and being a part of LOT 1 and a part of an abandoned alley in Block 13 of the City of Toccoa, and designed as TRACT ONE CONTAINING 0.115 OF AN ACRE, more or less, and TRACT TWO CONTAINING 0.023 OF AN ACRE, more or less, in a Plat of Survey prepared by Michael J. Smith, Georgia Registered Land Surveyor, dated December 4, 1992, and recorded in Plat Book 15, Page 550, Stephens County Records, and reference to said plat being made for a full and complete description of the property. Tract Two herein is subject to a 20 foot wide alley as shown on said plat.
This is the same property as conveyed by Warranty Deed from Geneva Burton f/k/a
Geneva Mayfield to Roy Sheppard dated December 29, 1992, and recorded in Deed book 277, Page 263, Stephens County Records.
Upon information and belief, said described property is located at: 292 W Tugalo Street, Toccoa, Georgia 30577 and 15 N. Tallulah St., Toccoa, Ga 30577.
The debt secured by said Security Deed is evidenced by a Promissory Note (the ?Note?), dated March 20, 2009 from Nuts and Bolts Hardware of Toccoa, Inc. to First Georgia Banking Company by virtue of a Commercial Loan Guaranty executed by Grantor to First Georgia Banking Company dated March 20, 2009. in the original principal amount of $70,346, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of the debt at maturity. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Roger D. Sheppard, the proceeds to be applied to the payment of said indebtedness, attorneys? fees (notice of intention to collect attorneys? fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned?s knowledge and belief, the property is in the possession of Roger D. Sheppard and will be sold as the property of Roger D. Sheppard.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Roger D. Sheppard
By: CertusBank, N.A., as
Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
JDC/aph/8850/13114/W142278
GPN11
7870 TR-28-4-14507 8/2
NOTICE OF SALE UNDER POWER
GEORGIA, STEPHENS COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by Alisha K Banks to Carolina First Bank, dated January 18, 2008, recorded in Deed Book 844, Page 282, Stephens County, Georgia Records, as last transferred to Wells Fargo Bank NA by assignment recorded in Deed Book 851, Page 145, Stephens County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-SIX THOUSAND THREE HUNDRED THIRTY-THREE AND 0/100 DOLLARS ($166,333.00), 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 Stephens County, Georgia within the legal hours of sale on the first Tuesday in August, 2012, the following described property: SEE EXHIBIT ?A? ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed.
The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney?s fees (notice of intent to collect attorney?s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472.
Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Alisha K Banks or a tenant or tenants and said property is more commonly known as 8253 Old Church Rd, Toccoa, Georgia 30577.
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.
This law firm is seeking solely to foreclose the creditor?s lien on real estate and this law firm will not be seeking a personal money judgment against you.
Wells Fargo Bank NA as Attorney in Fact for Alisha K Banks
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/slb3 8/7/12
Our file no. 53888009-FT5
EXHIBIT ?A?
All that tract or parcel of land lying and being in the G.M.D. 440, Stephens County, Georgia and being shown and delineated as Tract 7 on plat of survey prepared for Roger Caudell by Edwin G. Davidson, Georgia Registered Land Surveyor, dated November 6, 1997 and being more particularly described as follows: Beginning at a point on the southerly right of way of Old Church Road, said point being the northeasterly corner of property now or formerly E.L. Payne and northwesterly corner of the herein described property; thence continuing along the said right of way in an easterly direction 170.79 feet to a point; thence leaving said right of way south 39 degrees 50 minutes 31 seconds east 398.01 feet to an iron pin set; South 25 degrees 53 minutes 54 seconds west 388.54 feet to an iron pin set; thence north 48 degrees 48 minutes 22 seconds west 379.70 feet to a point; thence north 55 degrees 46 minutes 44 seconds east 210.34 feet to a point; thence north 30 degrees 43 minutes 45 seconds West 210.62 feet to a point being the point of beginning. Containing 3.388 acres according to said survey. The above described property being the same as that conveyed by limited warranty deed from the National Bank of Gainesville to Alisha K. Banks and Darrell N. Banks, dated March 18, 2005, recorded in Deed Book 701, Pages 62-63, Stephens County records. Said property is conveyed together with and subject to all easements, covenants and restrictions of record, if any. MR/slb3 8/7/12 Our file no. 53888009 - FT5
GPN11
7871 TR-28-4-18328 8/2
NOTICE OF SALE UNDER POWER
GEORGIA, STEPHENS COUNTY
By virtue of a Power of Sale contained in that certain Security Deed from WILLIAM SIMPSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR NATONAL FIDELITY MORTGAGE, INC., A CORPORATION, dated December 31, 2008, recorded January 8, 2009, in Deed Book 881, Page 457-468, Stephens County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of One Hundred Forty-Nine Thousand Eight Hundred Twenty-Six and 00/100 dollars ($149,826.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, there will be sold at public outcry to the highest bidder for cash before the courthouse door of Stephens County, Georgia, within the legal hours of sale on the first Tuesday in August, 2012, all property described in said Security Deed including but not limited to the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF STEPHENS, STATE OF GEORGIA, AND IN THE MARTIN DISTRICT, GM, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE IRON PIN ON THE EAST SIDE OF YOW MILL ROAD, .08 MILE NORTHWEST OF GEORGIA HWY.
17 AND RUNNING THENCE NORTH 02 DEGREES 47 MINUTES, WEST 152.6 FEET; THENCE NORTH 01 DEGREE 20 MINUTES`, EAST 383.7 FEET TO AN IRON PIN AND OTHER LANDS OF NOW OR FORMERLY COTHRAN; THENCE SOUTH 57 DEGREES 25 MINUTES EAST 286.2 FEET TO A BRANCH;
THERE BEING AN IRON PIN 7 FEET FROM THE BRANCH; THENCE SOUTH 58 DEGREES, 02 MINUTES WEST 98.7 FEET ALONG THE BRANCH; THENCE SOUTH 25 DEGREES, 44 MINUTES, WEST 366.0 FEET TO THE POINT OF BEGINNING AND BEING THAT TRACT OF 1.31 ACRES SURVEYED FOR
CHARLES L. CHAPMAN BY CIELAND A. TYSON ON MARCH 17, 1972, REFERENCE TO WHICH IS HEREBY MADE FOR A MORE ACCURATE DESCRIPTION OF SAID PREMISES. BEING THE SAME PROPERTY AS CONVEYED BY DOUGLAS WAYNE RICKMAN TO TERESA LECROY
RICKMAN A/K/A TERESA L RICKMAN BY DEED DATED 9/14/2000, RECORDED 9/26/2000 IN DEED BOOK 482, PAGE 485, STEPHENS COUNTY, GEORGIA FOR INFORMATION PURPOSES ONLY: COMMONLY KNOWN AS 1076 S YOW MILL RD. TOCCOA, GA 30577 .
Said legal description being controlling, however the property is more commonly known as 1076 SOUTH YOW MILL ROAD, TOCCOA, GA 30577.
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 (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 creditor 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 WILLIAM SIMPSON, 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:
Lender Contact: BAC, Loss Mitigation Dept., P.O. Box 940070, Simi Valley, CA 93094-0070
Telephone Number: 800-720-3758
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP
as Attorney in Fact for
WILLIAM SIMPSON
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 400, Norcross, GA 30092
Telephone Number: (877) 813-0992 Case No. BAC-12-05992-0002
Ad Run Dates 07/12/2012, 07/19/2012, 07/26/2012, 08/02/2012
www.rubinlublin.com/property-listings.php
GPN11
7872 TR-28-4-7741 8/2
STATE OF GEORGIA
COUNTY OF STEPHENS
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by Richard Bruce Stowe and Tiffany E. Stowe to Washington Mutual Bank, FA, a federal association dated August 6, 2004, and recorded in Deed Book 671, Page 488, Stephens County Records, said Security Deed having been last sold, assigned, transferred and conveyed to Wells Fargo Bank, NA, by Assignment , securing a Note in the original principal amount of $178,300.00, 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, August 7, 2012, 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 together with improvements thereon lying and being in the Wolf Pit 267 (GMD), Stephens County, Georgia, CONTIANING 1.01 ACRES, more or less, located on the Northwesterly side of the right of way of K. Matthews Road and being more particularly shown and described according to plat of survey for Richard B. Stowe by G. Brian Slate, Registered Land Surveyor, dated May 11, 1998, recorded in Plat Book 16, Page 329, of the Stephens County Records.
The property described herein is the same as that conveyed by Warranty Deed from Ted M. Stowe to Richard Bruce Stowe and Tiffany E. Stowe dated May 20, 1998, recorded in Deed Book 400, Page 458, of the Stephens County Records.
Said property is known as 182 Blanche Drive, Eastanollee, GA 30538, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney?s fees in accordance with the terms of the Note secured by said Deed.
The property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Richard Bruce Stowe and Tiffany E. Stowe or a tenant or tenants. The proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney?s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
Wells Fargo Bank, NA as Attorney-in-Fact for Richard Bruce Stowe and Tiffany E. Stowe
File no. 12-032389
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Duke Building, Suite 100
Atlanta, GA 30341-3941
(770) 220-2535/KB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
GPN11
7873 TR-28-4-19252 8/2
STATE OF GEORGIA
COUNTY OF STEPHENS
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated February 23, 2001, executed by Angelia H. Moore and George W. Moore to Conseco Finance Servicing Corp., recorded in Deed Book 496, Page 177, Stephens County, Georgia Deed Records, and securing a Note in the original principal amount of $82,800.00, said Security Deed last having been assigned to U.S. Bank, N.A., as trustee, the current holder thereof, on behalf of Green Tree 2008-HE1, by Green Tree 2008-HE1, as Servicer with delegated authority under the transaction documents, 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 August, 2012, to-wit: August 7, 2012, during the legal hours of sale, before the Stephens 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 SITUATE, LYING AND BEING IN THE CITY OF TOCCOA, STEPHENS COUNTY, GEORGIA, FRONTING 88 FEET ON THE WEST SIDE OF POND STREET, EXTENDING BACK 200 FEET MORE OR LESS, JOINING HOYT MIZE ON THE SOUTH AND G.M. SMITH ON THE NORTH.
THE ABOVE DESCRIBED PROPERTY BEING THE SAME AS THAT CONVEYED FROM MARVIN SUMMERVILLE BY AND THROUGH HIS ATTORNEY-IN-FACT, JANICE S. WHITEN, TO JANICE S. WHITEN, BOBBY J. SUMMERVILLE, PHILIP D. SUMMERVILLE, AND GEORGE BRUCE SUMMERVILLE BY WARRANTY PEED DATED FEBRUARY 23, 1998, RECORDED IN DEED BOOK 391, PAGES 251-252, STEPHENS COUNTY RECORDS.
Being that parcel of land conveyed to GEORGE W. MOORE AND ANGELIA H. MOORE, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP from JANICE S. WHITEN; BOBBY J. SUMMERVILLE, PHILLIP D. SUMMERVILLE, AND GEORGE BRUCE SUMMERVILLE BY THEIR ATTORNEY IN FACT, JANICE S. WHITEN by that deed dated 2/17/00 and recorded 2/17/00 in deed book 462, at page 491 of the STEPHENS County, GA Public Registry.
The aforedescribed real property is also known as 618 S. Pond Street, Toccoa, GA 30577, according to the present system of numbering houses in Stephens 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.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of ANGELIA H. MOORE AND GEORGE W. MOORE 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.
U.S. BANK, N.A., AS TRUSTEE ON BEHALF OF GREEN TREE 2008-HE1, BY GREEN TREE 2008-HE1, AS SERVICER WITH DELEGATED AUTHORITY UNDER THE
TRANSACTION DOCUMENTS.
as Attorney-in-Fact for
ANGELIA H. MOORE AND GEORGE W. MOORE
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM MAY BE ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED SERVICER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
GPN11
7876 TR-28-4-18963 8/2
Notice of Sale Under Power.
State of Georgia,
County of STEPHENS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by NAN M PAYNE to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (?MERS?) AS NOMINEE FOR HOMESTAR FINANCIAL CORPORATION , dated 09/29/2009, and Recorded on 10/09/2009 as Book No. 909 and Page No. 287-295, STEPHENS County, Georgia records, as last assigned to U.S. BANK NATIONAL ASSOCIATION, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $136,243.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the STEPHENS County Courthouse within the legal hours of sale on the first Tuesday in August, 2012, the following described property:
ALL THAT TRACT OR PARCEL OF LAND, TOGETHER WITH ALL IMPROVEMENTS THEREON, LYING AND BEING IN WHAT IS KNOWN AS THE AGNEW SUBDIVISION IN THE CITY OF TOCCOA, STEPHENS COUNTY, GEORGIA, BEING DESCRIBED AS FOLLOWS: ALL OF LOT NO. 45 OF THE AGNEW SUBDIVISION ACCORDING TO A PLAT OF SURVEY OF SAID SUBDIVISION DATED MAY 1, 1956, RECORDED ON MAY 8, 1956 IN PLAT BOOK NO. 3, PAGE 180, OF THE STEPHENS COUNTY, GEORGIA PLAT RECORDS, SAID PLAT IS INCORPORATED HEREIN BY REFERENCE FOR A MORE COMPLETE DESCRIPTION.
SUBJECT TO ALL EASEMENTS, RESTRICTIONS, RESERVATIONS, SET-BACKS, AND RIGHT-OF-WAY OF RECORD OR THOSE DELINEATED ON THE ABOVE-REFERENCED PLAT OF SURVEY, IF ANY.
THIS IS THE SAME PROPERTY CONVEYED TO NAN M. PAYNE BY VIRTUE OF A WARRANTY DEED FROM JUDITH T. MEANS DATED SEPTEMBER 15, 2006, RECORDED IN DEED BOOK 783, PAGES 23-25.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt.
Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney?s fees (notice of intent to collect attorney?s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: U.S. BANK NATIONAL ASSOCIATION, 4801 FREDERICA ST, Foreclosure ATTN: BANKRUPTCY DEPT, OWENSBORO, KY 42301, 602-264-6101.
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 426 VALLEY DR, TOCCOA, GEORGIA 30577 is/are: NAN M PAYNE or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. U.S. BANK NATIONAL ASSOCIATION as Attorney in Fact for NAN M PAYNE. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20110090100338 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.
GPN11
7877 TR-28-4-18963 8/2
Notice of Sale Under Power.
State of Georgia,
County of STEPHENS.
Under and by virtue of the Power of Sale contained in a Deed to Secure Debt given by CALEB J SHIRLEY to JPMORGAN CHASE BANK, N.A. , dated 05/18/2009, and Recorded on 05/19/2009 as Book No. 896 and Page No. 35-53, STEPHENS County, Georgia records, as last assigned to JPMORGAN CHASE BANK, N.A., by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $70,380.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the STEPHENS County Courthouse within the legal hours of sale on the first Tuesday in August, 2012, the following described property:
ALL THAT TRACT OR PARCEL OF LAND TOGETHER WITH IMPROVEMENTS THEREON, LYING AND BEING IN THE 267TH GMD, STEPHENS COUNTY, GEORGIA, LOCATED ON THE NORTHWESTERLY SIDE OF THE RIGHT OF WAY OF KAY ROAD AND CONTAINING 1.59 ACRES, ACCORDING TO PLAT OF SURVEY FOR JOSEPH W. SMITH AND TABITHA RICHARDSON BY KENNETH V. CASH, REGISTERED LAND SURVEYOR, DATED DECEMBER 18, 2002, RECORDED IN PLAT BOOK 17, PAGE 2, STEPHENS COUNTY RECORDS.
THE ABOVE DESCRIBED PROPERTY IS THE SAME AS THAT CONVEYED BY WARRANTY DEED FROM JO ANN J. BRUNER, JAMES BYRON JORDAN AND DORA STAMEY JORDAN TO JOSEPH W. SMITH AND TABITHA F. RICHARDSON DATED JANUARY 2, 2003, RECORDED IN DEED BOOK 583, PAGE 271, STEPHENS COUNTY RECORDS.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt.
Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney?s fees (notice of intent to collect attorney?s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is:
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136.
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 952 KAY ROAD, EASTANOLLEE, GEORGIA 30538 is/are: CALEB J SHIRLEY or tenant/tenants. Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. JPMORGAN CHASE BANK, N.A. as Attorney in Fact for CALEB J SHIRLEY. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 20120187405300 BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP 15000 Surveyor Boulevard Addison, Texas 75001 Telephone: (972) 341-5398.