Today's Weather
Clayton, GA
|
Legals
| STATE OF GEORGIA | Top ↑ |
| COUNTY OF RABUN NOTICE TO CREDITORS AND DEBTORS All persons indebted to Charles Lloyd Clay, deceased, are hereby notified to make immediate payment to the undersigned, and all creditors of said decedent are hereby notified to render their claims to the undersigned. This the 12th day of June, 2009. Witness my/our hand(s) and seal(s), on the day above written. (Chris Clay acting as Executor the Charles Lloyd Clay estate), Address: 57 Village Way, Clayton, GA 30525, Telephone: 706-212-0369. 6-18,25,7/2,9 |
| NOTICE TO FORECLOSURE=RIGHT TO REDEEM | Top ↑ |
| STATE OF GEORGIA, COUNTY OF RABUN Take notice that: The right to redeem the following described property to wit: All that tract or parcel of land lying and being in the 13th Land District of originally Habersham, but now Rabun County in Land Lot No. 187 and bounded and described as follows, to wit: Commencing on an iron pin on the river bank at the Earl line; running along and with the Earl line a distance of 670 feet to a stake; thence in a southerly direction; a distance of 277 feet; thence in a westerly direction to and with a conditional line between W. F. Wilbanks and S. B. Wilbanks to the river bank, a distance of 670 feet; thence the river bank a distance of 277 feet to the beginning corner. These line running back from the river so as to be long enough to make the amount of four acres over and above a reserve of 33 feet for road and Dinkie line up and down the river where it is located at this date. This deed is made subject to water rights heretofore conveyed. Said land is fully described in a deed from L. M. Chastain to W. K. Worley which is recorded in Deed Book L-2, page 58 to which reference is made for further description. As described in Deed Book S2, page 217.Further described as Map & Parcel LR05072, will expire and be forever foreclosed and barred on and after the 4th day of August, 2009. The Tax Sale Deed to which this notice relates showing Tom Hoy as Grantee is dated the 6th day of May, 2008, and was recorded on May 20, 2008 in the office of the clerk of the Superior Court of Rabun County, Georgia, in Deed Book R33, pages 672-673. The property may be redeemed at any time before the 4th day of August, 2009, by payment of the redemption price as fixed and provided by law to the undersigned at the following address: OLIVER & WEIDNER, LLC, Attn: James C. Weidner, 854 Washington Street, Suite 300, Clarkesville, GA 30523, 706-754-9000. 6-25,7-2,9,16 |
| NOTICE TO HEIRS-PURSUANT TO O.C.G.A.§48-4-45(3) | Top ↑ |
| RE: 635 Shady Lane, Lakemont GA 30552 TO: Heirs at Law of Homer Worley and Mrs. Homer Worley (also known as Lena Watts Worley) Pursuant to O.C.G.A.§48-4-45(3), take notice that a Notice to Foreclose “ Right to Redeem the following described property, to wit: All that tract or parcel of land lying and being in the 13th Land District of originally Habersham, but now Rabun County in Land Lot No. 187 and bounded and described as follows, to wit: Commencing on an Iron pin on the river bank at the Earl line; running along and with the Earl line a distance of 670 feet to a stake; thence in a southerly direction; a distance of 277 feet; thence in a westerly direction to and with a conditional line between W. F. Wilbanks and S. B. Wilbanks to the river bank, a distance of 670 feet; thence the river bank a distance of 277 feet to the beginning corner. These line running back from the river so as to be long enough to make the amount of four acres over and above a reserve of 33 feet for road and Dinkie line up and down the river where it is located at this date. This deed is made subject to water rights heretofore conveyed. Said land is fully described in a deed from L. M. Chastain to W. K. Worley which is recorded in Deed Book L-2, page 58 to which reference is made for further description. As described in Deed Book S2, page 217. Further described as Map & Parcel LR05072, has been placed for advertisement in the Clayton Tribune as it relates to the Tax Sale Deed dated May 6, 2008, and was recorded on May 20, 2008 in the office of the clerk of the Superior Court of Rabun County, Georgia, in Deed Book R33, pages 672-673. Any heir at law of Homer Worley and/or Mrs. Homer Worley objecting to said entry of foreclosure should immediately file such objections in writing, and in any event no later than 15 days prior to the redemption expiration date of August 4, 2009, to the undersigned at the following address: OLIVER & WEIDNER, LLC, Attn: James C. Weidner, 854 Washington Street, Suite 300, Clarkesville, GA 30523, 706-754-9000. 6-25,7-2,9,16 |
| IN THE SUPERIOR COURT OF RABUN COUNTY | Top ↑ |
| STATE OF GEORGIA Riley H. Curtis, Jr., Petitioner, v. All Persons known or unknown who claim or might claim adversely to Petitioner's Title to Real Property described as follows: All that tract or parcel of land lying and being in Land Lot 5, District No. 2, Rabun County, Georgia, and being more particularly described as Lot 364, Unit 3, Respondents. CIVIL ACTION FILE NO. 08-CV-625-W NOTICE OF SERVICE BY PUBLICATION OF QUIET TITLE ACTION TO: Bobby Carter, the only heir-at-law of either Louie M. Henson and Margaret E. Henson; and any and all other persons who claim or might claim adversely to Petitioner's title. You are hereby notified that the above-styled action seeks to establish quiet title to the property described herein, against all the world. Said action was filed on the 22nd day of December, 2008, in the Superior Court of Rabun County, Georgia, and by reason of Order for Service by Publication entered by this court on the 4th day of June, 2009, you are hereby commanded to be and appear at said court within thirty (30) days of the date of the order of service by publication. The property that is the subject of the petition is described as follows: All that tract or parcel of land lying and being in Land Lot 5, District No. 2, Rabun County, Georgia and being more particularly described as Lot 364, Unit 3. Witness the Honorable Ernest H. Woods, III, Judge, Superior Court of Rabun County, GA. This 15th day of June, 2009. Holly E. Henry-Perry, Clerk, Superior Court of Rabun County. 7-2,9,16,23 |
| NOTICE OF CHANGE OF CORPORATE NAME | Top ↑ |
| Notice is given that Articles of Amendment which will change the name of AVALON PARK AT KINGWOOD CONDOMINIUM ASSOCIATION, INC. to AVALON PARK CONDOMINIUM ASSOCIATION, INC. will be delivered to the Secretary of State for filing in accordance with the Georgia Corporation Code. The registered office of the corporation is located at 94 Gleneagle Court, Unit 302, Clayton, Georgia 30525. 7-2,9 |
| STATE OF GEORGIA | Top ↑ |
| COUNTY OF RABUN NOTICE TO CREDITORS AND DEBTORS All persons indebted to Emily Joy Cameron Horney, deceased, are hereby notified to make immediate payment to the undersigned, and all creditors of said decedent are hereby notified to render their claims to the undersigned. This the 26th day of June, 2009. Witness my/our hand(s) and seal(s), on the day above written. (James C. Horney and Dianne H. Peterson acting as Co-Executor of the Emily Joy Cameron Horney estate), Address: 1107 Northwind Road, Reston, VA 20194, Telephone: 706-608-1419. 7-2,9,16,23 |
| NOTICE | Top ↑ |
| GEORGIA, Rabun COUNTY PROBATE COURT William Ellis Watkins has petitioned to be appointed Administrator(s) of the estate of Henry Ellis Watkins, deceased, of said County. (The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. 53-12-232.) All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before July 27, 2009. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be (scheduled at a later date). If no objections are filed, the petition may be granted without a hearing. Lillian W. Garrett, Probate Judge, By: Linda Ramey, Clerk of the Probate Court, Address: 25 Courthouse Square, Suite 215, Clayton, GA 30525, Telephone Number: 706-782-3614. 7-2,9,16,23 |
| STATE OF GEORGIA | Top ↑ |
| COUNTY OF RABUN NOTICE TO CREDITORS AND DEBTORS All persons indebted to Dorothy Methvin McClatchey, deceased are hereby notified to make immediate payment to the undersigned and all creditors of said decedent are hereby notified to render their claims to the undersigned. This the 23 day of June, 2009. Witness my hand and seal, on the day above written. Harold E. Abrams, Attorney for the Estate of Mrs. Dorothy Methvin McClatchey, Address: Abrams, Davis, Mason & Long, LLC, 1100 Peachtree Street - Suite 2860, Atlanta, GA 30309, Telephone: 404-974-2573. 7-2,9,16,23 |
| NOTICE | Top ↑ |
| PROBATE COURT OF Rabun COUNTY RE: PETITION OF Rebecca Cannon FOR LEAVE TO SELL PROPERTY OF ESTATE OF Montine Walden, DECEASED. TO: All unknown heirs and all known heirs whose current address is unknown. All interested parties and to whom it may concern: This is to notify you to file objection, if there is any, to the above referenced petition, in this Court on or before July 27, 2009. BE NOTIFIED FURTHER: All objections to the petition must be in writing, setting forth the grounds of any such objections. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be (scheduled at a later date). If no objections are filed, the petition may be granted without a hearing. Lillian W. Garrett, Probate Judge, By: Linda Ramey. Probate Clerk/Deputy Clerk, Address: 25 Courthouse Square, Suite 215, Clayton, GA 30525, Telephone: 706-782-3614. 7-2,9,16,23 |
| APPLICATION TO REGISTER A BUSINESS TO BE CONDUCTED UNDER TRADE NAME, PARTNERSHIP OR OTHER | Top ↑ |
| STATE OF GEORGIA COUNTY OF RABUN The undersigned does hereby certify that Sam Call Productions, LLC conducting a business as John Schiffli Real Estate in the City of Dillard-Clayton County of Rabun in the State of Georgia under the name of John Schiffli Real Estate and that the nature of the business is Real Estate Brokerage and that the names and addresses of the persons, firms or partnership owning and carrying on said trade or business are Matthew Eberz, PO Box 1576, Highlands, NC 28741. Filed in office, this 29th day of June, 2009, Holly E. Henry-Perry, Clerk Superior Court, Rabun County, GA. 7-2,9 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Mark D Stevens to Mortgage Electronic Registration System, Inc. dated December 22, 2006 in the amount of $1,527,500.00, and recorded in Deed Book H31, Page 616, Rabun County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2009 , during the legal hours of sale, at the Courthouse door in Rabun County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 47 of the 5th Land District, Rabun County, Georgia, being Tract 3A, containing 1.07 acres, as per plat prepared by T. Lamar Edwards, GRLS No. 1837, revised February 24, 2006, recorded in Plat Book 56, Page 224, Rabun County, Georgia Records, to which plat reference is made for a more detailed description. Together with: All that tract or parcel of land lying and being in Land Lot 47 of the 5th District of Rabun County, Georgia, being Parcels 4E and 4F of Lot 4 of the J.O. King Subdivision as per the Survey, and being more particularly described as follows: Beginning at an iron pin set on the Southeasterly Right of Way of Lake Rabun Road (said iron pin being located 2,657.0 feet from the intersection of Lake Rabun Road and Kinds Row and being located on the Northeast line of property formerly owned by Wyant); run thence along the Northeasterly line of said Wyant property South 39 degrees 33 minutes East 98.9 feet to an iron pin set at a rock wall on the shoreline of Lake Rabun; run thence along said shoreline North 75 degrees 06 minutes East 11.0 feet to an iron pin found; continuing thence along said shoreline North 48 degrees 02 minutes East 8.2 feet to an iron pin set; thence run North 28 degrees 11 minutes West 21.2 feet to an iron pin found on the Southeasterly Right of Way line South 53 degrees 52 minutes West 30.0 feet to an iron pin and the Point of Beginning; said parcel containing 0.08 acres, more or less, which has the property address of 3902 Lake Rabun Road, Lakemont, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Mark D Stevens and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.Mortgage Electronic Registration Systems, Inc. Attorney in Fact for Mark D Stevens, Anthony DeMarlo, Attorney/pdrosario, McCurdy & Candler, L.L.C., (404) 373-1612, www.mccurdycandler.com. File No. 09-14346 /CONV. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| NOTICE OF AMENDMENT | Top ↑ |
| An application for a certificate of amendment of its articles of incorporation has been made by Mountain Heritage Bank by filing such application with the Department of Banking and Finance in accordance with the applicable provisions of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the "Financial Institutions Code of Georgia." The purpose of said article of amendment is to authorize Mountain Heritage Bank to issue preferred stock in addition to common stock." 7-9,16 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Steven D. Staples and M. Lenora Staples to Mortgage Electronic Registration Systems, Inc., dated March 30, 2007, recorded in Deed Book U31, Page 255, Rabun County, Georgia Records, as last transferred to Wells Fargo Bank, NA. by assignment to be recorded in the Office of the Clerk of Superior Court of Rabun County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-TWO THOUSAND AND 0/100 DOLLARS ($132,000.00), 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 Rabun County, Georgia within the legal hours of sale on the first Tuesday in August, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Steven D. Staples and M. Lenora Staples or a tenant or tenants and said property is more commonly known as 163 Chickasaw Lane, Rabun Gap, Georgia 30568. 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. Wells Fargo Bank, NA. as Attorney in Fact for Steven D. Staples and M. Lenora Staples, McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net MR/lgk 8/4/09. Our file no. 51769509-FT7. EXHIBIT A. All that tract or parcel of land lying and being in Land Lot 75 of the Second Land District, Rabun County, Georgia, and being shown as 10-B, consisting of 0.62 acre, with improvements thereon, on plat of survey dated June 13, 2005, prepared by William F. Rolander, GRLS #2042, said plat recorded in Plat Book 57, Page 193, Rabun County plat records. Said plat and the record of the same being incorporated herein by reference. Also conveyed is the right to use Chickasaw Lane which is in common use with others. Said property conveyed is subject to the rights of others to use "Gravel Drive" as shown on the above referenced plat. The property herein conveyed is subject to any all Conditions, Covenants, and Restrictions of record pertaining to Lot 10-B, If any. The property herein conveyed is subject to that Gravel Drive that runs along the south and southwestern boundary line of lot 10-B and the rights of others to use said drive as same is shown on the above referenced plat of survey. Note: The eastern boundary line of the subject property is the center line of a branch, as same is shown upon the above-referenced plat of survey. Therefore, said boundary line is subject to the meanderings of the branch. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Robert Shook to Mortgage Electronic Registration Systems, Inc. dated May 15, 2007 in the amount of $79,000.00, and recorded in Deed Book B32, Page 225, Rabun County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2009 , during the legal hours of sale, at the Courthouse door in Rabun County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 190 of the 13th Land District of Rabun County, Georgia, designated as Lot 31, Block A, Sandy Ford Subdivision as described on a plat of survey dated March 2, 1971, prepared by James A. Long, G.R.L.S No. 1579 and of record in Plat Book 8, Page 147 in the Office of the Clerk of the Rabun Superior Court. Reference to said plat and the record thereof is for the express purpose of incorporating its description of said Lot 31, Block A as depicted thereon, which has the property address of 333 Koala Circle, Lakemont, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Robert Shook and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc., Attorney in Fact for Robert Shook, Anthony DeMarlo, Attorney/kcarr, McCurdy & Candler, L.L.C., (404) 373-1612, www.mccurdycandler.com. File No. 09-14184 /FHLMC. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Heather L. Watts and John J. Watts to Mortgage Electronic Registration Systems, Inc. dated July 28, 2004 in the amount of $180,000.00, and recorded in Deed Book T26, Page 3, Rabun County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2009 , during the legal hours of sale, at the Courthouse door in Rabun County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 28 of the Fourth Land District of Rabun County, Georgia and being more particularly described as 7.026 acres as depicted upon a plat of survey dated December 04, 2001 and prepared by Edwin G. Davidson, Georgia Registered Land Surveyor No. 2586. Said plat is of record in Plat Book 47, Page 41 in the Office of the Clerk of the Rabun Superior Court. Said plat and the record thereof is for the express purpose of incorporating herein its description as depicted thereon. Reference is hereby had and made to a Road Right of Way Easement of record in Deed Book Q-22, Page 212-214, aforesaid Records. Also conveyed are those certain road Right of Way easement set forth in said Deed and said tract or parcel of land is hereby conveyed subjects to the rights of others, if any, which has the property address of 7211 E Wolfcreek Road, Clayton, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Heather L. Watts and John J. Watts and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc., Attorney in Fact for Heather L. Watts and John J. Watts, Anthony DeMarlo, Attorney/kcarr, McCurdy & Candler, L.L.C., (404) 373-1612, www.mccurdycandler.com. File No. 09-14451 /FHLMC. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Earl Judson Nichols and Clarice Nichols to Wells Fargo Bank, N.A, dated March 21, 2007, recorded in Deed Book U-31, Page 495, Rabun County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED EIGHTY THOUSAND AND 0/100 DOLLARS ($480,000.00), 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 Rabun County, Georgia within the legal hours of sale on the first Tuesday in August, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Earl Judson Nichols and Clarice Nichols or a tenant or tenants and said property is more commonly known as 685 Tallulah River Road, Clayton, Georgia 30525. 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. Wells Fargo Bank, N.A as Attorney in Fact for Earl Judson Nichols and Clarice Nichols, McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net, MR/vds 8/4/09. Our file no. 5720509-FT5. EXHIBIT A All that tract or parcel of land lying and being in Land Lot No. 45 of the First (1st Land District of Rabun County, Georgia, and being more fully described as follows, to-wit: Beginning at a maple on the northeast side of Tate City Road and running along the property of the United States of America Tract 1320 BU as follows: north 68 degrees 30 minutes west 100 feet; thence south 87 degrees 28 minutes west 175.5 feet; thence north 51 degrees 29 minutes west 72.8 feet; thence north 34 degrees 04 minutes west 124.2 feet to an iron pin; thence south 57 degrees 21 minutes west 152.3 feet, thence north 80 degrees 16 minutes west 112.8 feet; thence north 46 degrees 45 minutes west 42.0 feet; thence south 85 degrees 55 minutes west 65.1 feet; thence north 66 degrees 25 minutes west 119.1 feet; thence south 32 degrees 58 minutes west 132.5 feet; thence south 44 degrees 59 minutes west 127.8 feet; thence south 61 degrees 51 minutes west 213.3 feet; thence south 56 degrees 34 minutes west 191.6 feet; thence south 68 degrees 20 minutes west 79.1 feet; thence south 61 degrees 34 minutes west 108.3 feet to a stone; thence south 31 degrees 51 minutes east 319.3 feet to a stake at a poplar; thence north 66 degrees 42 minutes east 1428 to a maple tree, being the point of beginning and containing 11.91 acres. Said tract being known as Tract 1 according to a survey of the Maggie Dixon Estate by Jerrell S. Pless, reg istered surveyor, said plat being recorded in the Office of the Clerk of Superior Court of Rabun County, Georgia, in Plat Book No. 6, Page 405 and reference is hereby had and made to said plat for a more full and complete description of said property, **for informational purposes only**. The improvements thereon being known as 685 Tallulah River Road, Clayton, Georgia 30525.Tax ID#012-002. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| STATE OF GEORGIA | Top ↑ |
| COUNTY OF RABUN NOTICE OF SALE UNDER POWER Under and by virtue of the power of sale contained in a Security Deed from B & J ANNUALS, LLC to UNITED COMMUNITY BANK, dated October 12, 2005, recorded October 25, 2005, in Deed Book A-29, Page 300, Rabun County, Georgia records, as modified by Modification of Security Deed dated September 5, 2008, recorded in Deed Book H-34, Page 488, Rabun County, Georgia records, said Security Deed being given to secure a Note from B & J ANNUALS, LLC dated September 5, 2008, in the original principal amount of One Hundred Forty Nine Thousand Fifty Five and 97/100 ($149,055.97) Dollars, 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 Rabun County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the following described property: All that tract or parcel of land lying and being in Land Lot 40 of the First Land District, Rabun County, Georgia, consisting of 1.51 acres and designated as Lot 139 of Heaven’s Landing Subdivision, as shown on plat of survey dated June 6, 2005, prepared by T. Lamar Edwards, GRLS #1837, said plat recorded in Plat Book 54, Page 255, Rabun County plat records. Said plat and record of the same being incorporated herein by reference for a more full and complete description of the property herein conveyed. Also conveyed is a 60 foot wide non-exclusive mutual use easement for the purpose of ingress and egress to the above described property, including utilities, said easement shown on the above referenced plat. Grantor, its successors and or assigns, reserves said easement 60 feet in width, for ingress and egress, including utilities to adjoining property of Grantor, and others. The above-described land is conveyed subject to the following: Riparian rights and limitations of ownership set out in that certain Warranty Deed from Realmark Rabun, LLC to Heaven’s Landing LLC, dated January 12, 2001, and recorded in Deed Book K-20, Page 171-172, of the Rabun County Deed Records. This tract of land includes Lot 139 of Heaven’s Landing Subdivision, and Grantee shall have the right to purchase one hangar for said lot herein designated. Said property is subject to Restrictive Covenants for Heaven’s Landing Subdivision, attached to that certain Warranty Deed from Heaven’s Landing, LLC to B & J Annuals, LLC, dated October 12, 2005, and recorded with the Clerk of Rabun County Superior Court, the same being incorporated herein by reference. Grantor herein, for itself, its successors and or assigns, reserves a utility easement (20) feet in width along the property boundary, provided that all lands must be returned to their original condition or as near as practical after each installation to include water lines, electrical lines, telephone lines, television lines, gas lines, cable lines and other utilities. Grantor reserves the right to relocate any of the subdivision roads, prior to completion and paving, provided that such relocation shall not eliminate Grantee’s right of ingress and egress or result in their property not adjoining a subdivision street or road. Such reservation shall include the right of partial encroachment on this tract and adjoining properties to avoid obstacles to road construction, such as rock, ground water, unsuitable soils, large trees, unsuitable terrain or slope and other natural obstacles. Also conveyed is a non-exclusive mutual use easement along the subdivision roads or as the roads shall be constructed, but in any event, sufficient easement no less than 60 feet in width southerly to Little Creek Road, a public road, said easement being for ingress and egress to the above described property, including utilities, where applicable. 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 B & J ANNUALS, LLC or a tenant or tenants. UNITED COMMUNITY BANK, as attorney in Fact for B & J ANNUALS, LLC, L. Lou Allen, Stites & Harbison, PLLC, 11 Mountain Street, 7-Suite 8, Blue Ridge, Georgia 30513, (706) 632-7923. File No. 7484A-01238. 7-9,16,23,30 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Under and by virtue of the Power of Sale contained in a Security Deed given by Pamela B. Hyer and Gary R. Hyer to Mortgage Electronic Registration Systems, Inc., dated October 18, 2006, recorded in Deed Book X-30, Page 437, Rabun County, Georgia Records, as last transferred to Wells Fargo Bank, NA. by assignment to be recorded in the Office of the Clerk of Superior Court of Rabun County, Georgia Records,conveying the after-described property to secure a Note in the original principal amount of NINETY-EIGHT THOUSAND AND 0/100 DOLLARS ($98,000.00), 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 Rabun County, Georgia within the legal hours of sale on the first Tuesday in August, 2009, 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 attorneys fees (notice of intent to collect attorneys 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 Pamela B. Hyer and Gary R. Hyer or a tenant or tenants and said property is more commonly known as 35 Babe Ramey Road, Clayton, Georgia 30525. 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. Wells Fargo Bank, NA. as Attorney in Fact for Pamela B. Hyer and Gary R. Hyer, McCalla Raymer, LLC, 1544 Old Alabama Road, Roswell, Georgia 30076, www.foreclosurehotline.net, MR/lgk 8/4/09. Our file no. 51739809-FT7. EXHIBIT A All that tract or parcel of land lying and being in Land Lot Number 1 of the Fifth Land District of Rabun County, Georgia and being more particularly described as follows to wit: For a full and complete description of the real property being hereby conveyed, reference is hereby had and made to a plat of survey dated March 9, 1988 and prepared by T. Lamar Edwards, Georgia Registered Land Surveyor Number 1837. The real property being hereby conveyed is a 0.31 acre tract of land. Said plat is of record in Plat Book 25, Page 180 in the Office of the Clerk of the Rabun Superior Court. Reference to said plat and the record thereof is for the express purpose of incorporating therein its description of a 0.31 acre tract of land as depicted thereon.THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| NOTICE OF SALE UNDER POWER IN DEED TO SECURE DEBT | Top ↑ |
| STATE OF GEORGIA COUNTY OF RABUN Under and by virtue of the power of sale contained in that certain Real Estate Deed to Secure Debt dated March 4, 2005, from Lake Burton Development, LLC (“Borrower”), as Grantor, to Bank of Hiawassee d/b/a Bank of Blairsville, as Grantee, recorded in Deed Book U-27, page 321, et seq., Rabun County, Georgia records (as amended to the date hereof, the “Security Deed”), the undersigned State Mutual Insurance Company (“Lender”), as successor in interest to Bank of Hiawassee d/b/a Bank of Blairsville and Cadence Bank, N.A., will sell at public outcry to the highest bidder for cash before the doors of the Courthouse of Rabun County, Georgia, during the legal hours of sale on the first Tuesday in August, 2009, to wit: August 4, 2009, the following described real property (the “Property”), to wit: TRACT 1: All that tract or parcel of land lying and being in Land Lot 6 of the First Land District of Rabun County, Georgia and being Phase 1 Waterfall Villas, containing 0.54 acre as same is more particularly described upon that certain plat of survey dated January 18, 2005, prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, and recorded in Plat Book 54, page 49, Clerk’s office, Rabun Superior Court. Reference is hereby had and made to said plat of survey for the purpose of incorporating same herein for a full and complete description of the property herein conveyed. Conveyed herewith is a non-exclusive, perpetual easement for ingress and egress over and across the subdivision roads of Waterfall at Lake Burton. Further, conveyed herewith is a non-exclusive, perpetual easement for the use, maintenance and repair of the water and sewer system and lines serving the above-described property and that property adjacent to same. LESS AND EXCEPT: (Unit No. 101) All that tract or parcel of land lying and being in Land Lot 6 of the First Land District of Rabun County, Georgia and being more particularly described as Unit No. 101, Building A of the Villas at Waterfall as shown upon that certain plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, dated July 25, 2007, which plat is recorded in Plat Records 58, Page 376, Clerk’s office, Rabun Superior Court and Floor Plans being filed in Plat Book 58, Page 376, aforesaid records, together with all right, title and interest contained in the Declaration for Condominium for Villas at Waterfall, a Condominium recorded in Deed Book L-32, pages 321-367, Clerk’s office, Rabun Superior Court and by this reference being incorporated herein and made a part hereof, together with the appurtenant percentages of undivided interests in the common element as described in said Declaration. (Unit No. 201-A) All that tract or parcel of land lying and being in Land Lot 6 of the first Land District, Rabun County, Georgia, and being Unit No. 201-A of the Villas at Waterfall, shown on plat of survey dated July 25, 2007, prepared by William F. Rolader, GRLS #2042, recorded in Plat Book 58, page 376, Rabun County plat records and Floor Plans being filed in Plat Book 58, page 376, aforesaid records, together with all right, title and interest contained in the Declaration for Condominium for Villas at Waterfall, a Condominium recorded in Deed Book L32, pages 321-367, Rabun County deed records, and by this reference being incorporated herein and made a part hereof, together with the appurtenant percentages of undivided interest in the common elements as described in said Declaration. (Unit No. 301) All that tract or parcel of land lying and being in Land Lot 6 of the first Land District of Rabun County, Georgia and being more particularly described as Unit No. 301, Building A of the Villas at Waterfall as shown upon that certain plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, dated July 25, 2007, which plat is recorded in Plat Records 58, page 376, Clerk’s office, Rabun Superior Court and Floor Plans being filed in Plat Book 58, page 376, aforesaid records, together with a ll right, title and interest contained in the Declaration for Condominium for Villas at Waterfall, a Condominium recorded in Deed Book L-32, pages 321-367, Clerk’s office, Rabun Superior Court and by this reference being incorporated herein and made a part hereof, together with the appurtenant percentages of undivided interests in the common element as described in said Declaration. (Unit No. 302) All that tract or parcel of land lying and being in Land Lot 6 of the first Land District of Rabun County, Georgia and being more particularly described as Unit No. 302, Building A of the Villas at Waterfall as shown upon that certain plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, dated July 25, 2007, which plat is recorded in the office of Clerk of Rabun Superior Court in Plat 58-376. Reference had and made to said plat of record of the same for a full and complete description of the property herein described, and as described in that certain Declaration for Condominium for Villas at Waterfall dated July 27, 2007, which is recorded in the office of Clerk of Rabun Superior Court in Deed Book L-32, pages 321-367. TRACT 2: All that tract or parcel of land lying and being in Land Lot 6 of the First Land District of Rabun County, Georgia and being that Parking Tract, containing 0.62 acre as same is more particularly described upon that certain plat of survey dated January 18, 2005, prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, and recorded in Plat Book 54, page 50, Clerk’s office, Rabun Superior Court. Reference is hereby had and made to said plat of survey for the purpose of incorporating same herein for a full and complete description of the property herein conveyed. Conveyed herewith is a non-exclusive, perpetual easement for ingress and egress over and across the subdivision roads of Waterfall at Lake Burton. Further, conveyed herewith is a non-exclusive, perpetual easement for the use, maintenance and repair of the water and sewer system and lines serving the above-described property and that property adjacent to same. TRACT 3: All that tract or parcel of land lying and being in Land Lot 6 of the First Land District of Rabun County, Georgia and being that Club House Tract, containing 0.60 acre as same is more particularly described upon that certain plat of survey dated January 18, 2005, prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, and recorded in Plat Book 54, page 51, Clerk’s office, Rabun Superior Court. Reference is hereby had and made to said plat of survey for the purpose of incorporating same herein for a full and complete description of the property herein conveyed. Conveyed herewith is a non-exclusive, perpetual easement for ingress and egress over and across the subdivision roads of Waterfall at Lake Burton. Further, conveyed herewith is a non-exclusive, perpetual easement for the use, maintenance and repair of the water and sewer system and lines serving the above-described property and that property adjacent to same. The debt secured by the Security Deed is evidenced by that certain Promissory Note dated March 4, 2005, executed by Borrower and payable to Bank of Hiawassee d/b/a Bank of Blairsville in the original principal amount of $8,012,500.00, with interest thereon provided (as amended to the date hereof and as assigned to Lender, the “Note”). Default has occurred and continues by reason of the nonpayment when due of the indebtedness evidenced by the Note, in accordance with the terms thereof, and by reason of the failure to abide by the covenants and conditions contained in the Security Deed. By reason of these defaults, the Security Deed has been declared foreclosable in accordance with its terms. To the best knowledge and belief of the undersigned, the Property is presently owned by Borrower and in the possession of Borrower. The Property will be sold on an “as is, where is” basis without recourse against the undersigned and without representation or warranty of any kind or natu re whatsoever with respect thereto. The Property will be sold subject to the following: (1) All unpaid taxes and assessments, including, but not limited to, unpaid real property taxes and assessments; (2) Matters appearing on Plats of Survey recorded in Plat Book 54, pages 49-51, and Plat Book 58, page 376, Rabun County, Georgia records; (3)Declaration for Condominium for Villas at Waterfall, a Condominium recorded in Deed Book L-32, pages 321-367, Rabun County, Georgia records; (4) All other restrictions, covenants, easements and rights-of-way, if any, appearing of record, superior to the Security Deed; (5) Rights, if any, of tenants in possession; (6) Any other matters which might be disclosed by a current, accurate survey and inspection of the Property; (7) and All other liens and encumbrances, if any, superior to the Security Deed. The proceeds of the sale of the Property shall be applied in accordance with the Note and the Security Deed to the expenses of the sale and of all proceedings in connection therewith, including attorneys’ fees, to insurance premiums, liens, assessments, taxes and charges, including utility charges, advanced by Lender, to payment of the outstanding principal balance of the indebtedness, and the accrued interest on all of the foregoing; and the remainder, if any, shall be applied as provided by law. STATE MUTUAL INSURANCE COMPANY, attorney-in-fact for Lake Burton Development, LLC, Gregory A. Randall, Esq., Holt Ney Zatcoff & Wasserman, LLP, 100 Galleria Parkway, Suite 600, Atlanta, Georgia 30339, (770) 956-9600. 7-9,16,23,30 |
| Notice of Sale Under Power | Top ↑ |
| Georgia, Rabun County Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt given by Lake Burton Development, LLC (the “Grantor”) to Bank of Hiawassee d/b/a Bank of Blairsville dated December 19, 2002 and recorded December 23, 2002 in Deed Book O-23, Page 342, Rabun County, Georgia official records, as modified by that certain Modification of Deed to Secure Debt between Grantor and Seasons Bank, dated November 19, 2005 and recorded December 22, 2005 in Deed Book I29, Page 506, aforesaid Records, as modified by that certain Modification and Extension of Deed to Secure Debt between Grantor and Cadence Bank, N.A. (“Lender”), dated August 20, 2007 and recorded August 29, 2007 in Deed Book O32, Page 321, aforesaid Records, as modified by that certain Modification and Extension of Deed to Secure Debt between Grantor and Lender, dated November 20, 2008 and recorded January 15, 2009 in Deed Book M34, Page 636, aforesaid Records (together with any and all amendments and modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of: (i) that certain Commercial Fixed Rate Promissory Note dated November 20, 2008 in the stated principal amount of $1,097,328.00, together with interest thereon as set forth therein; and (ii) any and all other indebtedness, plus interest thereon, due and owing by Grantor to Lender, whether now existing or hereinafter created (together with any and all prior notes, amendments or modifications, collectively hereinafter referred to as the “Secured Indebtedness”), there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009 (being August 4, 2009) the following described parcel of real property together with all improvements, personalty, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed: TRACT 1: ALL THAT TRACT OR PARCEL OF LAND containing 12.43 acres (more or less), lying and being in Land Lot 6 of the 1st Land District, Rabun County, Georgia as shown upon that certain plat or survey dated December 4, 2002, prepared by Wayne A. Powers, Georgia Registered Land Surveyor No. 2891, and recorded in Plat Book 49, Page 155, Clerk's office, Rabun Superior Court, and being described as follows: To find the Point of Beginning, commence at the northernmost corner of Lot 3G of Unit 2, Phase 1 of Waterfall at Lake Burton as shown on that certain Final Plat recorded at Plat Book 45, pages 176-177, Rabun County Georgia Records and run thence North 22º34'47" East a distance of 86.99 feet; thence North 60º41'57" East a distance of 20.00 feet to a point located on the western right of way line of Waterfall Drive (60' right of way) and the Point of Beginning. From the Point of Beginning thus established, run thence 27.65' along the arc of a curve to the right in the western right of way line of Waterfall Drive, said arc having a radius of 65.00', and being subtended by a chord bearing North 17º06'46" West, a chord distance of 27.45'; thence North 06º18'42" West, a distance of 173.98'; thence North 09º06'32" West, a distance of 58.45';thence 58.40' along the arc of a curve to the right, said arc having a radius of 120.00', and being subtended by a chord bearing North 04º49'59" West, a chord distance of 57.82'; thence North 18º46'30" East, a distance if 111.76', thence 54.30' along the arc of a curve to the left, said arc having a radius of 80.00', and being subtended by a chord bearing North 00º40'07" West, a chord distance of 53.26'; thence departing the right-of-way of Waterfall Drive and running thence 62.66' along the arc of a curve to the left, said arc having a radius of 135.00', and being subtended by a chord bearing South 43º18'24" West, a distance of 62.10'; thence 93.16' along the arc of a curve to the right, said arc having a radius of 265.00, and being subtended by a chord bearing South 40º04'54" West, a chord distance of 92.68'; thence South 50º09'10" West, a distance of 56.83', thence South 48º46'00" West, a distance of 212.06', thence North 74º16'27" West, distance of 270.72', thence South 14º55'43" West, a distance of 118.40', thence South 75º13'37" East, a distance of 136.13', thence South 19º43'09" West, a distance of 80.64', thence South 43º21'25" West, a distance of 112.89', thence South 16º15'36" East, a distance of 119.04', thence South 85º57'16" West, a distance of 212.88', thence North 20º10'08" East, a distance of 132.23'; thence 62.48' along the arc or a curve to the right, said arc having a radius of 63.00', and being subtended by a chord bearing North 28º31'07" West, a chord distance of 59.95'; thence North 03º49'54" East, a distance of 127.12'; thence North 83º33'52" West, a distance of 300.68'; thence South 86º53'06" West, a distance of 140.23'; thence South 02º12'24" East, a distance of 90.57'; thence South 02º12'24" East, a distance of 38.06'; thence South 06º56'07" East, a distance of 99.61'; thence South 10º23'28" East, a distance of 223.80'; thence North 86º53'06" East, a distance of 159.24' to the eastern right-of-way line of Village Path Drive (r/w varies “ not less than 30') and continuing along such eastern and northern right-of-way line the following courses and distances: north 75 57'37" east, a distance of 27.42'; thence south 09 40'12" East, a distance of 70.99'; thence 67.21' along the arc of a curve to the left, said arc having a radius of 75.00', and being subtended by a chord bearing south 34 46'14" east, a chord distance of 64.98'; thence south 60 26'32" east, a distance of 51.37'; thence 47.36' along the arc of a curve to the left, said arc having a radius of 72.00', and being subtended by a chord bearing south 79 17'12" east, a chord distance of 46.51'; thence north 82 25'27" east, a distance of 99.78'; thence north 81 06'01" east, a distance of 80.25'; thence 4.22' along the arc of a curve to the right, said arc having a radius of 500.00', and being subtended by a chord bearing north 79 42'45" east, a chord distance of 24.21'; thence 30.79' along the arc of a curve to the left, said arc having a radius of 2267.99', and being subtended by a chord bearing north 77 56'34" east, a chord distance of 30.79'; thence 61.26' along the arc of a curve to the left, said arc having a radius of 567.39', and being subtended by a chord bearing north 76 42'05" east, a chord distance of 61.23', thence 46.59' along the arc of a curve to the right, said arc having a radius of 182.84', and being subtended by a chord bearing north 82 38'23" east, a chord distance of 46.46', thence north 89 56'19" east, a distance of 104.23'; thence 35.47' along the arc of a curve to the left, said arc having a radius of 173.20', and being subtended by a chord bearing north 84 04'17" east, a chord distance of 35.41'; thence departing the right-of-way of Village Path and running thence north 25 45'45" west, a distance of 37.00'; thence north 72 36'21" east, a distance of 60.00'; thence north 44 52'24" east, a distance of 89.62'; thence north 38 29'07" east, a distance of 60.94'; thence north 44 52'02" east, a distance of 107.01'; thence north 30 00'38" east, a distance of 60.10'; thence north 22 34'47" east, a distance of 86.99'; thence north 60 41'57" east, a distance of 20.00' to a point on the western right-of-way line of Waterfall Drive and the Point of Beginning. The aforementioned tract or parcel is subject to the Declaration of Covenants, Conditions and Restrictions for Waterfall at Lake Burton dated April 16, 1999 and recorded in Book S-18, Pages 309-342, Clerk's Office Rabun Superior Court as amended by First Amendment thereto dated June 15, 1999, recorded at Deed Book X18, Page 442, of said records, and any and all amendments or modifications thereto of record. The property herein conveyed is subject to a 10 foot easement around all property lines for future utilities and drainage. The property herein conveyed is subject to that 10' landscape and pedestrian easement as shown upon the above-referenced plat of survey. Further, the property herein conveyed is subject to that certain Trust Indenture from Lake Burton Development, LLC to Waterfall Property Owners Association, Inc. dated April 10, 2001, recorded in Deed Book S-20, Page 565, Clerk's Office, Rabun Superior Court, and pertaining to the sewer system of Waterfall of Lake Burton. Further, the property herein conveyed is subject to that certain Trust Indenture from Lake Burton Development, LLC to Waterfall Property Owners Association, Inc. dated April 10, 2001, recorded in Deed Book R-20, Page 462, Clerk's office, Rabun Superior Court, and pertaining to the utility system of Waterfall of Lake Burton. The property herein conveyed is subject to, if any, the rights of others to use that road which crosses portions of the northern boundary of the above-described 12.43 acre tract as same is shown upon the above-referenced plat of survey. Conveyed herewith are any and all benefits and rights pertaining to the sewer and utility system of Waterfall at Lake Burton as same pertain to the property herein conveyed. Conveyed herewith is a non-exclusive, perpetual easement for ingress and egress over and across those subdivision roads of Waterfall at Lake Burton from the US Highway 76 “ Georgia Highway No. 2 to the above-described property herein conveyed. TRACT 2: ALL THAT TRACT OR PARCEL OF LAND containing 5.76 acres (more or less), lying and being in Land Lots 6 of the 1st District and Land Lot 91 of the 5th District, Rabun County Georgia as shown upon that particular plat of survey dated November 25, 2002, prepared by Wayne A. Powers, Georgia Registered Land Surveyor #2891, and recorded in Plat Book 49, Page 154, Clerk's office, Rabun Superior Court, and being described as follows: Beginning at the intersection of the northern right-of-way line of U.S. Route 76 (variable r/w) and the eastern boundary of Land Lot 91 of the 5th District, Rabun County, Georgia and running thence 75.12' along the arc of a curve to the left in the northern right-of-way line of U.S. Route 76, said arc having a radius of 552.46', and being subtended by a chord bearing South 89º13'00" West a chord distance of 75.06' to a point; thence North 04º40'43" West, along the northern right-of-way line of U.S. Route 76, a distance of 25.00' to a point; thence 1112.57' along the arc of a curve to the left in the northern right-of-way line of U.S. Route 76, said arc having a radius of 577.46' and being subtended by a chord bearing South 79º44'13" West, a chord distance of 112.39" to a point; thence departing the northern right-of-way line of U.S. Route 76 and running North 02º44"34" West, a distance of 85.37' to a point; thence North 00º02'15" West, a distance of 129.52 to a point; thence 14.40 along the arc of a curve to the right, said arc having a radius of 100.00' and being subtended by a chord bearing South 72º34'38" West, a chord distance of 14.39' to a point; thence South 76º42'09" West, a distance of 82.11 to a point; thence 54.40' along the arc of a curve to the right, said arc having a radius of 60.24' and being subtended by a chord bearing North 77º25'40" West, a chord distance of 52.57' to a point located on the southern right-of-way line of Magnolia Place (40' r/w) and running thence along the right-of-way line of Magnolia Place and following courses and distance: 35.31 ‘ along the arc of a curve to the left, said arc having a radius of 1520.00' and being subtended by a chord bearing North 59º49'54" East a chord distance of 35.31' to a point; thence 51.51' along the arc of a curve to the left, said arc having a radius of 1520.00' and being subtended by a chord bearing North 58º11'43" East, a chord distance of 51.51' to a point; thence 33.06' along the arc of a curve to the left, said arc having a radius of 420.00' and being subtended by a chord bearing North 54º58'10" East, a chord distance of 33.05' to a point; thence 24.73' along the arc of a curve to the right, said arc having a radius of 30.00' and being subtended by a chord bearing North 76º19'30" East, a chord distance of 24.03'; thence 246.40 along the arc of a curve to the left, said arc having a radius of 50' and being subtended by a chord bearing North 41º14'28" West, a chord distance of 62.69' to a point; thence 29.46' along the arc of a curve to the right, said arc having a radius of 30.00' and being subtended by a chord bearing South 25º42'53" West, a chord distance of 28.29' to a point; thence 22.40 along the arc of a curve to the right, said arc having a radius of 380.00' and being subtended by a chord bearing South 55º32'09" West, a chord distance of 22.40' to a point; thence 206.81' along the arc of a curve to the right, said arc having a radius of 1480.00' and being subtended by a chord bearing South 61º13'40" West, a chord distance of 206.64' to a point; thence 48.32' along the arc of a curve to the right, said arc having a radius of 1480.00' and being subtended by a chord bearing South 66º09'59" West, a chord distance of 48.32' to a point; thence 148.29' along the arc of a curve to the right, said arc having a radius of 1480.00' and being subtended by a chord bearing South 69º58'19" West, a chord distance of 148.22' to a point; thence departing the northern right-of-way line of Magnolia Place and running thence North 17º31'24" East, a distance of 20.88; thence North 28º44'37" East, a distance of 23.39'; thence North 53º04'41" East, a distance of 43.61'; thence North 20º31'48" East, a distance of 72.11'; thence North 14º59'09" West, a distance of 38.01;’ thence North 07’57'58" East, a distance of 31.00'; thence North 33º29'41" East, a distance of 40.29'; thence North 13º22'08" East, a distance of 56.02'; thence North 36º33'05" East, a distance of 136.83'; thence North 51º02'58" East, a distance of 100.34'; thence North 32º51'35" East, a distance of 89.30'; thence North 42º34'18" East, a distance of 95.78'; thence South 63º26'31" East, a distance of 24.00'; thence South 73º14'07" East, a distance of 18.88'; thence South 05º01'37" West, a distance of 99.16'; thence South 12º22'00" West, a distance of 50.23'; thence South 05º18'07" East, a distance of 169.04'; thence North 44º54'25" East, a distance of 151.70'; thence North 51º14'19" East, a distance of 143.84'; thence North 89º41'15" East, a distance of 131.10' to a point located on the common boundary line between Land Lots 5 and 6 of the 1st Land District, Rabun County, Georgia and running thence along suc h boundary line South 00º55'00" East, a distance of 654.15 to a point located on the northern right-of-way line of U.S. Route 76 (variable r/w) and the Point of Beginning. The property herein conveyed is subject to that certain Golf Easement Agreement between Georgia Power Company and Lake Burton Development, LLC dated January 9, 1998 and recorded in Deed Book ______, Page _____, Clerk's office, Rabun Superior Court. Lot 12, Block H of the above-described property is conveyed subject to those restrictions contained in that Limited Warranty Deed from Georgia Power Company to Lake Burton Development, LLC dated January 9, 1998 and recorded in Deed Book P-17, Page 34, aforesaid records. Conveyed herewith is a non-exclusive, perpetual easement for ingress and egress over and across those subdivision roads of Waterfall at Lake Burton from the U.S. Highway 76 “ Georgia Highway No. 2 to the above-described property herein conveyed. The property herein conveyed is subject to the Declaration of Covenants, Conditions and Restrictions for Waterfall at Lake Burton dated April 16, 1999 and recorded in Book S-18, Page 309-342, Clerk's Office Rabun Superior Court as amended by First Amendment thereto dated June 15, 1999, recorded at Deed Book X18, Page 442, of said records, and any and all amendments or modifications thereto of record. The property herein conveyed is subject to a 10 foot easement around all property lines for future utilities and drainage. The property herein conveyed is subject to that 10' landscape and pedestrian easement as shown upon the above-referenced plat of survey. The property herein conveyed is subject to those setback lines as same are shown upon that plat of survey recorded in Plat Book 49, Page 154, Clerk' office, Rabun Superior Court. Further, the property herein conveyed is subject to that certain Trust Indenture from Lake Burton Development, LLC to Waterfall Property Owners Association, Inc. dated April 10, 2001, recorded in Deed Book S-20, Page 565, Clerk's Office, Rabun Superior Court, and pertaining to the sewer system of Waterfall of Lake Burton. Further, the property herein conveyed is subject to that certain Trust Indenture from Lake Burton Development, LLC to Waterfall Property Owners Association, Inc. dated April 10, 2001, recorded in Deed Book R-20, Page 462, Clerk's office, Rabun Superior Court, and pertaining to the utility system of Waterfall of Lake Burton. Conveyed herewith are any and all benefits and rights pertaining to the sewer and utility system of Waterfall at Lake Burton as same pertain to the property herein conveyed. The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. As the Secured Indebtedness remains in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written 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. To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through him. Cadence Bank, N.A., Attorney-in-Fact and Agent for Lake Burton Development, LLC, Harvey Daniels III, Burr & Forman LLP, 171 Seventeenth Street, N.W., Suite 1100, Atlanta, Georgia 30363, Email: hdaniels@burr.com, Phone: (404) 815-3000, Facsimile: (404) 817-3244. THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| STATE OF GEORGIA, | Top ↑ |
| COUNTY OF RABUN NOTICE OF SALE UNDER POWER On January 23, 2006, David S. Ramey and Penny L. Ramey executed a Deed to Secure Debt to Stephens Federal Bank, which is recorded in Deed Book M29, Pages 358-363, Rabun County Records. The Security Deed secured a note of even date in the original principal amount of $56,250.00. Thereafter, on February 28, 2007, David S. Ramey and Penny L. Ramey executed an additional Note and Additional/Renewal Loan Agreement renewing the debt in the amount of $56,372.00. The Additional/Renewal Loan Agreement is recorded in Deed Book R31, Pages 34-36, Rabun County Records. Thereafter, on June 18, 2008, David S. Ramey and Penny L. Ramey executed an additional Note and Additional/Renewal Loan Agreement renewing the debt in the amount of $55,107.00. The Additional/Renewal Loan Agreement is recorded in Deed Book W33, Pages 25-26, Rabun County Records. By virtue of the power of sale contained in said Deed to Secure Debt and modifications thereof, there will be sold by the undersigned at public outcry to the highest bidder, for cash before the Courthouse door in Rabun County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the same being August 4, 2009, the property described in and conveyed in said deed, to-wit: All that tract or parcel of land lying and being in Land Lot 27 of the Fifth Land District of Rabun County, Georgia, being shown and designated as TRACT 2, containing 0.465 acre, more or less, on a plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042 dated August 31, 1969, a copy of said plat being of record in the Office of the Clerk of Rabun Superior Court in Plat Book 28, Page 224, to which plat and the record there reference is hereby made for a more complete description. The debt secured by said Deed to Secure Debt, Modifications and Notes has been and is hereby declared due because of non-payment thereof. The debt remaining in default, this sale will be made for the purpose of satisfying the same and all expenses of this sale. This property will be sold as the property of David S. Ramey and Penny L. Ramey, their executors, administrators, heirs, beneficiaries, successors and/or assigns, as the case may be. Upon information and belief, this property is in the control of David S. Ramey and Penny L. Ramey. This property will be sold subject to any and all ad valorem taxes, the right of redemption of any taxing authority, any matters which might be disclosed by a current and accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and any other matters of record superior to the Deed to Secure Debt and modifications thereof 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 said Deed to Secure Debt. The undersigned will execute a Deed Under Power of Sale to the purchaser at said sale as provided in the aforementioned Deed to Secure Debt. Dated this 1st day of July, 2009. STEPHENS FEDERAL BANK, TOCCOA, GEORGIA, AS ATTORNEY IN FACT FOR DAVID S. RAMEY AND PENNY L. RAMEY. DAVE STANCIL AT STEPHENS FEDERAL BANK, 2859 HWY 17 ALT., TOCCOA, GEORGIA 30577, TELEPHONE NUMBER 706-886-2111; SHALL HAVE FULL AUTHORITY TO NEGOTIATE, AMEND AND MODIFY THE TERMS OF THE MORTGAGE WITH THE DEBTOR. McClure, Ramsay, Dickerson & Escoe, LLP, P.O. Drawer l408, Toccoa, Georgia 30577, (706) 886-3l78. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| STATE OF GEORGIA, | Top ↑ |
| COUNTY OF RABUN NOTICE OF SALE UNDER POWER On February 27, 2001, Alexander V. Mahomet executed a Security Deed to Stephens Federal Bank, which is recorded in Deed Book N20, Pages 276-294, Rabun County Records. The Security Deed secured a note of even date in the original principal amount of $110,000.00. By virtue of the power of sale contained in said Security Deed, there will be sold by the undersigned at public outcry to the highest bidder, for cash before the Courthouse door in Rabun County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009, the same being August 4, 2009, the property described in and conveyed in said deed, to-wit: All that tract or parcel of land lying and being in Land Lot 37 of the Second Land District of Rabun County, Georgia, and being Unit 1, (the “Property”) of Dunrobin Condominium, as more particularly described in that certain Declaration of Condominium for Dunrobin Condominium (the “Declaration”), dated February 13, 1980, and recorded in the office of the Clerk of Rabun Superior Court in Deed Book L-7, Page 274, and as shown upon that certain as-built site plan for Dunrobin Condominium (the “Site Plan”), dated October 17, 1979, revised January 23, 1980, prepared by T. Lamar Edwards, Georgia Registered Land Surveyor No. 1837, and recorded in the office of the clerk of Rabun Superior Court in Plat Book 1, Page 268, aforesaid records, and on certain architectural plans certified by Albert C. James, (the “Plans”) filed in the Condominium Floor Plans Cabinet of the aforesaid records and in Condominium Plat Book 2, Page 70, together with all the right, title and interest appurtenant to the Property and the appurtenances thereto under the Declaration. The Declaration, the Site-Plan and the Plans are incorporated herein and made a part hereof by this reference. The conveyance of the Property includes the conveyance of an undivided one-fourth (1/4) interest in the “Common Elements” of Dunrobin Condominium as such term is defined in the Declaration. This conveyance is made subject to the following: 1. All the provisions of the Declaration and all the privileges, restrictions, reservations, limitation, conditions, options, agreements, uses, easements, assessments and provisions set forth or incorporated by reference therein, as now or hereafter amended including without limitation the Articles of Incorporation and By-Laws of Dunrobin Condominium Association, Inc., and those matters shown on said Site Plan and the Plans, all of which are made covenants running with the Property and binding on the Grantee, whose acceptance of this deed is evidence of the agreement of Grantee to observe and be bound thereby. 2. The provisions of Georgia Condominium Act (Ga. Laws 1975, pages 609-671, Ga. Code Ann. Chapter 85-16E), which by acceptance of this deed, Grantee assumes and agrees to observe and perform, and all other governmental laws, ordinance and regulations applicable to the Property. 3. State and County ad valorem real property taxes and assessments for the current calendar year if not yet due and payable and for subsequent years. 4. The rights of others to use Stornoway Low Road which road is shown upon the above-referenced “As-Built Site Plan.” 5. The rights of other to use an easement twenty (20) feet in width across and through the above-described property for the purpose of installing and maintaining underground utilities including but not limited to electricity, water, sewer, and cable t.v. serving other property adjoining the above-described property. The debt secured by said Security Deed and Note has been and is hereby declared due because of non-payment thereof. The debt remaining in default, this sale will be made for the purpose of satisfying the same and all expenses of this sale. This property will be sold as the property of Alexander V. Mahomet, his administrator, executor, heirs, beneficiaries, successors and/or assigns, as the case may be. Upon information and belief, this property is in the control of Alexander V. Mahomet’s executor, administrator, heirs and/or benefici aries. This property will be sold subject to any and all ad valorem taxes, the right of redemption of any taxing authority, any matters which might be disclosed by a current and accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants and any other matters of record superior to the Security Deed and modification thereof 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 said Security Deed. The undersigned will execute a Deed Under Power of Sale to the purchaser at said sale as provided in the aforementioned Security Deed. Dated this 1st day of July, 2009. STEPHENS FEDERAL BANK, TOCCOA, GEORGIA, AS ATTORNEY IN FACT FOR ALEXANDER V. MAHOMET. DAVE STANCIL AT STEPHENS FEDERAL BANK, 2859 HWY 17 ALT., TOCCOA, GEORGIA 30577, TELEPHONE NUMBER 706-886-2111; SHALL HAVE FULL AUTHORITY TO NEGOTIATE, AMEND AND MODIFY THE TERMS OF THE MORTGAGE WITH THE DEBTOR. McClure, Ramsay, Dickerson & Escoe, LLP, P.O. Drawer l408, Toccoa, Georgia 30577, (706) 886-3l78. THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Keith Lee Coin and Valerie Golden Coin to Mortgage Electronic Registration Systems, Inc. dated July 3, 2007 in the amount of $152,000.00, and recorded in Deed Book H32, Page 239, Rabun County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2009 , during the legal hours of sale, at the Courthouse door in Rabun County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 132 of the Second Land District of Rabun County, Georgia, and being more fully described as follows: to find the POINT and PLACE OF BEGINNING, commence at the Northwest corner of Lot 1 of Block 4 of Royal Hills Subdivision as referenced on a Survey prepared by J.G. Nixon and run North 05 degrees 57 minutes West 51.07 feet to a 40-inch White Oak and the POINT and PLACE OF BEGINNING. From aid beginning point thus established, run along and with the Westerly Right-of-Way of Wyatt Trail, also known as Bob Mark Trail, the following courses and distances, South 41 degrees 57 minutes West 47.65 feet, thence South 29 degrees 39 minutes West 371.9 feet to an iron pin, thence leaving said Right-of-Way North 60 degrees 21 minutes West 214.55 feet to an iron pin, thence North 20 degrees 31 minutes East 412.6 feet to a 15-inch White Oak, thence North 89 degrees 50 minutes East 229.1 feet to a point, thence South 11 degrees 34 minutes East 139.2 feet to a 40-inch White Oak and the POINT and PLACE OF BEGINNING, containing 2.72 acres and being more fully described upon a Plat of Survey dated January 26, 1987, prepared by T. Lamer Edwards, Georgia Registered Land Surveyor No. 1837, said Survey being recorded in the Office of the Clerk of Rabun Superior Court in Plat Book 23, page 248. Reference is had and made to said Plat for a more complete description of the above-described Lands. The above-described property consists of all the Lands conveyed to J. Leigh Wyatt and Betty K. Wyatt by Warranty Deed dated October 5, 1984 and recorded in the Office of the Clerk of Rabun Superior Court in Deed Book H-9, Page 733. There is also conveyed herewith all easement Rights contained in that certain easement dated February 2, 1987 and recorded in the Office of the Clerk of Rabun Superior Court in Deed Book Q-10, Pages 426-427. The above described property is conveyed subject to those certain restrictive covenants as recorded in the Office of the Clerk of Rabun Superior Court in Deed Book V-5, Pages 46-47 which has the property address of 430 Bob Mark Trail, Rabun Gap, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Keith Lee Coin and Valerie Golden Coin and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc., Attorney in Fact for Keith Lee Coin and Valerie Golden Coin, Anthony DeMarlo, Attorney/sma gnuson, McCurdy & Candler, L.L.C. (404) 373-1612, www.mccurdycandler.com. File No. 09-15402 /FHLMC. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Dona M Ford and Maynard W Ford to Washington Mutual Bank, FA dated October 12, 2004 in the amount of $108,000.00, and recorded in Deed Book C-27, Page 003, Rabun County, Georgia Records; as last transferred to Wells Fargo Bank, N.A. as Trustee for WAMU Mortgage Pass-Through Certificates Series 2005-PR1 Trust by assignment; the undersigned, Wells Fargo Bank, N.A. as Trustee for WAMU Mortgage Pass-Through Certificates Series 2005-PR1 Trust pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2009 , during the legal hours of sale, at the Courthouse door in Rabun County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 169 of the Second Land District of Rabun County, Georgia and being Unit Numbered B-2 of Scioto Condominium (the property), being more particularly described in that certain Declaration of Condominium for Scioto Condominium ( the Declaration), dated August 11, 1980 and recorded in the Office of the Clerk of Rabun Superior Court in Deed Book P-7, Pages 409-472, and said property being also shown upon the Plat of Survey for Scioto Condominium (the Survey), dated August 7, 1980, and being prepared by James A. Long, Georgia Registered Land Surveyor, said Surveyor being recorded in the Office of the Clerk of Rabun Superior Court in Condominium Plat Book 1, Pages 269-270, and also being shown upon certain architectural plans certified by Albert C. James (the Plans), recorded in the Office of the Clerk of Rabun Superior Court in Condominium Plat Book 1, pages 269-270, together with all the Right, Title and Interest appurtenant to the property and the appurtenances thereto under the Declaration. The Declaration, Survey and Plans are incorporated herein by reference for a full and complete description thereof. The conveyance of the property includes the conveyance of undivided One-Fiftieth (1/50) interest in the common elements of Scioto Condominium, said common elements being defined in the Declaration of Condominium. This conveyance is made subject to the following: 1. All of the provisions of the Declaration and all the Privileges, Restrictions, Reservations, Limitations, conditions, options, agreements, uses, easements, assessments and provisions set forth or incorporated by reference therein as now or hereinafter amended, including without limitation the articles of incorporation and by-laws of Scioto Condominium Association, Inc., and those matters shown by the above-referenced Survey and Plans, all of which are covenants running with the property and binding on the Grantee. The Grantee by acceptance of this Deed, agrees to observe and be bound by all such Condominium Documents. 2. The provisions of the Georgia Condominium Act (Georgia Laws 1975, Pages 609-671, O.C.G.A. Section 44-2-370), which, by acceptance of this Deed, Grantee agrees to observe and perform, and all other applicable ordinances, regulations, and laws affecting the property. 3. State and County Ad Valorem Taxes and Assessments for the current Year and all subsequent years. 4. That certain non-exclusive easements for the purpose of ingress and egress over and across that certain common drive which is shown upon the aforesaid Survey, which was reserved to Sky Valley, Inc. in that certain Warranty Deed dated August 12, 1980, which is recorded in the Office of the Clerk of Rabun Superior Court in Deed Book P-7, Page 545. 5. This conveyance is made subject to the certain Declaration of Condominium which is recorded in the Office of the Clerk of Rabun Superior Court in Deed Book P-7, Page 409 and as amended in Deed Book U-8, Page 572, which has the property address of 25 Aerie Lane, Dillard, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Dona M Ford and Maynard W Ford and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Wells Fargo Bank, N.A. as Trustee for WAMU Mortgage Pass-Through Certificates Series 2005-PR1 Trust, Attorney in Fact for Dona M Ford and Maynard W Ford, Anthony DeMarlo, Attorney/lseymore, McCurdy & Candler, L.L.C., (404) 373-1612, www.mccurdycandler.com. File No. 09-14998 /CONV. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| NOTICE OF SALE UNDER POWER | Top ↑ |
| GEORGIA, RABUN COUNTY Because of default in the payment of the indebtedness, secured by a Security Deed executed by Gary L. Wisener and Janet T. Wisener to Mortgage Electronic Registration Systems, Inc. dated January 17, 2007 in the amount of $417,000.00, and recorded in Deed Book K31, Page 376, Rabun County, Georgia Records; as last transferred to Mortgage Electronic Registration Systems, Inc. by assignment; the undersigned, Mortgage Electronic Registration Systems, Inc. pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2009 , during the legal hours of sale, at the Courthouse door in Rabun County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit: All that tract or parcel of land lying and being in Land Lot 132 of the Second Land District of Rabun County, Georgia, consisting of 2.86 acres and being more fully described on that certain plat of survey prepared by William F. Rolader, Georgia Registered Land Surveyor No. 2042, dated February 17, 2003 which is recorded in the office of the Clerk of Rabun Superior Court in Plat Book 49, Page 214. Reference is had and made to said plat and record of the same for a full and complete description of the property herein described. Also conveyed herewith is an easement over and across Bob Mark Trail and any and all other roads in Royal Hills Subdivision for the purposes of access, ingress and egress to and from the above-described property.This conveyance is made subject to the easement right, if any, to use that twenty (20) foot wide Road Right-of-Way lying along the North boundary line of above-described property and extending to Bob Mark Trail. This conveyance is made subject to the easement rights of others, if any, to use that certain gravel drive ten (10) feet in width crossing the North boundary line of the above-described property and extending to Bob Mark Trail. This conveyance is made subject to the easement rights of others, if any, to use that certain concrete drive ten (10) feet in width crossing the Southeast corner of the above-described property. This conveyance is made subject to the easement rights of others to use, maintain and repair the well and well house and water lines located upon the above-described property, such easement rights being described in a easement recorded in the office of the Clerk of Rabun Superior Court in Deed Book H-10, Page 507 and as easement recorded in the office of the Clerk of Rabun Superior Court in Deed Book Q-10, Page 426. By acceptance of this Deed, the Grantees agree to be bound by the terms and conditions of said easements and pay a one-third (1/3) share of the costs of maintenance and repair of said well. The above-described lands are conveyed subject to the following restrictions and conditions constituting covenants running with the land, the same being enforceable in equity, as follows: 1. Said land shall not be subdivided and each lot shall not have more than one dwelling house thereon. 2. No dwelling house shall be constructed on said land with less than 1400 square feet of inside floor space and said dwelling house shall be finished before occupied, and no tin roofs shall be constructed on said land. 3. Said land shall be used only for residential purposes and no business or commercial enterprises shall be carried on in said land. 4. No domestic livestock shall be kept on said land, and rabbits, chickens, swine, and cattle are expressly prohibited from being kept thereon. 5. The dwelling house on said land shall be serviced by underground sewage disposal, approved by the State Health Department of Georgia at all times, which has the property address of 476 Bob Mark Trail, Rabun Gap, Georgia., together with all fixtures and other personal property conveyed by said deed. The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed. Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed. Said property will be sold as the property of Gary L. Wisener and Janet T. Wisener and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed. Mortgage Electronic Registration Systems, Inc., Attorney in Fact for Gary L. Wisener and Janet T. Wisener, Anthony DeMarlo, Attorney/smagnuson, McCurdy & Candler, L.L.C.,(404) 373-1612, www.mccurdycandler.com. File No. 09-15380 /FHLMC. THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| CATEGORICAL EXCLUSION DETERMINATION | Top ↑ |
| Waterline improvements for operations, water quality, and fire protection City of Sky Valley (WSID# 2410053) Rabun County, Georgia DWSRF Loan # 09-024 The Georgia Environmental Protection Division (EPD) has conducted a review of the above subject project in accordance with the State's Environmental Review Process (SERP) for Drinking Water State Revolving Fund (DWSRF) projects. The EPD has determined that this project is eligible for a categorical exclusion. Accordingly, the EPD is exempting the project from further substantive environmental review requirements under Georgia's SERP. The proposed DWSRF project consists of waterline replacement, waterline rehabilitation, and well rehabilitation. The ARRA project will provide the City of Sky Valley and its customers with numerous environmental and financial benefits. This project is eligible for a categorical exclusion because it meets the following specific criteria, outlined in the DWSRF SERP: Improvements to existing surface or ground water treatment plants, including improvements to enhance security, which do not add a significant change in treatment capacity. Furthermore: The project will not require issuance of a new or modification of an existing ground water or surface water withdrawal permit; The project is not known or expected to have a significant adverse effect on the quality of the human environment, either individually, cumulatively over time, or in conjunction with other Federal, State, local or private actions; The project is not known or expected to directly or indirectly have a significant adverse effect on: cultural resource areas, such as archaeological and historic sites; habitats of endangered or threatened species; or environmentally important natural resource areas, such as floodplains, wetlands, important farmlands or aquifer recharge areas; and The action is cost-effective and is not expected to cause significant public controversy. This determination shall become effective after thirty (30) days following its distribution by EPD and can be revoked if significant adverse information is made available. The documentation to support this decision is on file with the Georgia Environmental Protection Division and is available for public scrutiny upon request. A copy of the proposed project documentation is also available for review at the City Hall in Sky Valley, Georgia. All interested agencies, groups and persons supporting or disagreeing with this decision are invited to submit written comments, within thirty (30) days of the publish date of this notice to: Georgia Environmental Protection Division Lynn C. Ellis, Environmental Engineer Drinking Water Permitting and Engineering Program 2 Martin Luther King, Jr. Drive, SE - Suite 1362 East Atlanta, Georgia 30334-9000 After evaluating the comments received, EPD will make a final decision regarding approval of the project planning documents. No administrative action will be taken on the project for thirty (30) calendar days after publication of this Notice in a local newspaper that serves the City of Sky Valley. Georgia Environmental Protection Division. 7-9 |
| GEORGIA | Top ↑ |
| RABUN COUNTY NOTICE OF SALE UNDER POWER OF SECURITY DEED By virtue of a Power of Sale contained in a security deed from RICHARD V. WORLEY to MOUNTAIN HERITAGE BANK dated September 7, 2007 and recorded in Deed Book P-32, pages 534-536 of the Rabun County deed records and corrected by Corrective Security Deed dated September 7, 2007 recorded in Deed Book F-34, pages 393-395 of said records, given to secure a promissory note dated September 15, 2008 in the principal amount of SIXTY-SIX THOUSAND FOUR HUNDRED SEVENTY-EIGHT AND 57/100 ($66,478.57) DOLLARS, there will be sold at public outcry to the highest and best bidder for cash before the Courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in August, to-wit: August 4, 2009, the following described property: All that tract or parcel of land lying and being in Land Lot 7 of the 2nd Land District of Rabun County, Georgia, being shown Lot 1 of Polly Gap property more particularly described on a revised plat of survey dated October 14, 1993 prepared by T. Lamar Edwards, GRLS No. 1837, recorded in Plat Book 34, page 95 of the Rabun County Plat records. Said plat and the record thereof being incorporated herein by reference for a more full and complete description of the property described herein. The provisions and agreements concerning the use of the water system and the use of the road system as listed on the sales contract shall survive the closing. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of said debt. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys’ fees. The said property will be sold as the property of Richard V. Worley subject to any outstanding ad valorem taxes and assessments and to the best knowledge and belief of the undersigned Richard V. Worley is in possession of said property. A copy of this notice was mailed to the debtor to-wit: Richard V. Worley by certified mail, return receipt requested on June 24, 2009 in compliance with O.C.G.A. § 44-14-162.2. This is an action to collect a debt and any information obtained pursuant thereto will be used for that purpose. MOUNTAIN HERITAGE BANK AS ATTORNEY IN FACT FOR RICHARD V. WORLEY, R. BRUCE RUSSELL, SR., ATTORNEY AT LAW, P.O. BOX 1202, CLAYTON, GA 30525, 706/782-6240. 7-9,16,23,30 |
| Notice of Sale Under Power | Top ↑ |
| Georgia, Rabun County Under and by virtue of the Power of Sale contained in that certain Security Deed given by Stacy L. Fountain (the “Grantor”) to Regions Bank (the “Lender”) dated February 22, 2005 and recorded March 1, 2005 in Deed Book T-27, Page 65, Rabun County, Georgia official records (together with any and all amendments or modifications, hereinafter referred to as the “Security Deed”), conveying the property described below to secure repayment of: (i) that certain Promissory Note dated February 22, 2006 made payable by Grantor to the order of Lender in the maximum principal amount of $31,303.24; and (ii) any and all other indebtedness, plus interest thereon, due and owing by Grantor to Lender, whether now existing or hereinafter created (together with any and all prior notes, amendments or modifications, collectively hereinafter referred to as the “Secured Indebtedness”), there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Rabun County, Georgia, within the legal hours of sale on the first Tuesday in August, 2009 (being August 4, 2009) the following described parcel of real property together with all personalty, improvements, fixtures, easements, hereditaments, rights, members, and appurtenances located thereon and described in the Security Deed: All that tract or parcel of land lying and being in Land Lot 7 of the Second Land District of Rabun County, Georgia and being Lot 9, containing 1.05 acre of Timber Ridge Subdivision, in the City of Clayton and being more particularly described in that certain plat of survey dated January 26, 2005, prepared by William F Rolader, Georgia Registered Land Surveyor No 2042, and recorded in Plat Book 54, Page 24, Clerk's office, Rabun Superior Court. Reference is hereby had and made to said plat of survey for the purpose of incorporating same herein for a full and complete description of the property conveyed herein. The property conveyed herein is subject to those certain Timber Ridge Subdivision Covenants recorded January 14, 2004 and recorded in Deed Book R-25, Page 673, Clerk's office, Rabun Superior Court. There is also conveyed herewith a perpetual non-exclusive easement for ingress and egress to and from that public road now or formerly known as Polly Gap Road to the above-described property over and across that certain twenty-foot (20') right-of-way access road as same is more fully described upon on the above referenced plat of survey. The Grantor herein reserves unto himself, his heirs, successors and/or assigns a perpetual non-exclusive easement over and across that certain twenty-foot (20') right-of-way access road for ingress and egress to and from the adjacent property of the Grantor herein. The above described Lot 9 is conveyed subject to that portion of same lying and being within said twenty-foot (20') right of way access. Conveyed herewith is a non-exclusive perpetual twenty foot (20') road easement across Lot 11 as same is shown upon the above referenced plat of survey. The property herein conveyed is subject to a non-exclusive, perpetual easement over and across said Lot 9 for the placement, repair and maintenance of that subdivision sign lying and being upon said property. Said sign is currently in existence, is located on that portion of Lot 9 being between Polly Gap Road and the aforementioned right-of-way and is not shown upon the above-referenced plat of survey. The above-described property is improved property commonly known as Lot 9, Land Lot 7, 2nd Land District, Clayton, Rabun County, Georgia 30525, according to the present system of numbering property in Rabun County, Georgia. The Secured Indebtedness has been and is hereby accelerated and declared due because of, among other possible events of default, failure to pay the Secured Indebtedness as and when due and in the manner provided in the instruments evidencing the Secured Indebtedness and Security Deed. The Secured Indebtedness remaining in default, the sale will be made for purposes of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney’s fees (written 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, including without limitation, the interests described in the above-listed legal description. To the best knowledge and belief of the undersigned, the party in possession of the property is the Grantor or a tenant or tenants claiming through it. Regions Bank, Attorney-in-Fact and Agent for Stacy L. Fountain, Bryan T. Glover, Burr & Forman LLP, Suite 1100, 171 Seventeenth Street, N.W., Atlanta, Georgia 30363, Email: bglover@burr.com, (404) 815-3000, (404) 214-7387. THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7-9,16,23,30 |
| INVITATION FOR BIDS | Top ↑ |
| SALE OF SURPLUS PROPERTY The Georgia Department of Transportation will receive sealed bids until 2:00 p.m., 6th of August, 2009, for the sale of surplus property consisting of 1.22 acre. This parcel consists of a tract of vacant land under DOT Project EDS-441 (33) Rabun County that is located in the 5th Land District of Rabun County. Property is located at U.S. 441 and Joy Church Road. The market value established for this parcel is $17,150. Bids must be submitted on a Bid Proposal Form issued by the Department of Transportation, 7565 Honeycreek Ct., Lithonia, GA 30038, before 2:00 p.m., 6th of August, 2009. The Department of Transportation reserves the right to reject any or all bids. For more information or to request a bid package contact Jeff Stone at (770) 484-3201. Please refer to PM File 2504. 7-9,16 |
| NOTICE OF COUNTY ORDINANCE | Top ↑ |
| Notice is hereby given that the Board of Commissioners of Rabun County, Georgia shall consider at its regular monthly meeting to be held on July 28, 2009 on second reading; the adoption of the Amendment to the Rabun County Official Zoning Ordinance and Subdivision Regulations 2007 to delete all amendments which were adopted on September 23, 2008. The meeting will be held at Rabun County Courthouse, 25 Courthouse Square, Suite 201; Clayton, GA 30525. A brief synopsis of the above ordinance is as follows: This amendment to this ordinance is to delete all amendments previously adopted on the recommendations from the "Highway 441 Study Committee". A copy of the proposed amended ordinance is on file in the office of the Clerk of Superior Court of Rabun County for the purpose of examination and inspection by the public. The Clerk of Superior Court shall furnish anyone, upon written request, a copy of the purposed amended ordinance. 7-9,16 |
| RABUN COUNTY PLANNING COMMISSION | Top ↑ |
| NOTICE OF HEARING TO ALL INTERESTED PERSONS AND PARTIES A hearing will be held in the Rabun County Courthouse at 6:00 p.m. before the Rabun County Planning Commission on Monday, July 27, 2009 concerning a proposed amendment to the "Rabun County Official Zoning Ordinance." This hearing is held under the authority granted by Article XVI of said Ordinance. The purpose of said hearing is to receive comments on the amendment proposed by Larry D. Shirley concerning the rezoning of .6 acres from Agricultural to Commercial Business District. Property is located in Land Lot 124, Land District 2, Rabun County, GA. Property is located on Allen Cove Rd., Rabun County, GA, Tax parcel is 030-028. Plat is available to view in Rabun County Planning and Zoning Office. At the hearing any interested parties may present data, make a statement or offer a viewpoint or argument either orally or in writing. Lengthy statements shall be submitted in writing for the official record. Oral statements shall be concise to afford all an opportunity to be heard. Steve Brett, Chairman, Rabun County Planning Commission. 7-9 |
| RABUN COUNTY PLANNING COMMISSION | Top ↑ |
| NOTICE OF HEARING TO ALL INTERESTED PERSONS AND PARTIES A hearing will be held in the Rabun County Courthouse at 6:00 p.m. before the Rabun County Planning Commission on Monday, July 27, 2009 concerning a proposed variance from the "Rabun County Official Zoning Ordinance." This hearing is held under the authority granted by Article XVI of said Ordinance. The purpose of said hearing is to receive comments on the variance proposed by Georgia Outdoor Advertising, LLC concerning a request for a variance from the 40-foot setback for sign from right of way. Property is located in Land Lot 9 Land District 5, Rabun County, GA. Property is located at 9216 Hwy 441 S. Tax Parcel is 100B 030. Plat is available to view in the Rabun County Planning and Zoning Office. At the hearing any interested parties may present data, make a statement or offer a viewpoint or argument either orally or in writing. Lengthy statements shall be submitted in writing for the official record. Oral statements shall be concise to afford all an opportunity to be heard. Steve Brett, Chairman, Rabun County Planning Commission. 7-9 |
|
|