Legals for November 16, 2011, Part 2
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NOTICE OF SALE UNDER POWER
COUNTY OF DODGE
STATE OF GEORGIA
By virtue of the Power of Sale contained in the Deed to Secure Debt from ORCHARD PLANTATION, LLC to SUNTRUST BANK, dated March 6, 2007, recorded in Deed Book 568, Pages 178-187, and assigned by SUNTRUST to PLANTATION INVESTMENT PROPERTIES, LLC, on September 30, 2011 by assignment, recorded in Deed Book 691, pages 220-222, Clerk’s Office, Dodge County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Dodge County, Georgia, within the legal hours of sale on the first Tuesday in December, 2011, the following described property:
All that tract or parcel of land situate, lying and being in Original Land Lots 43 and 44 in the 15th Land District of Dodge County, Georgia, containing 103.76 acres more or less, according to that certain plat of survey prepared by E. Kirby Holton, RLS, dated January 13, 2006 and recorded in the Office of the Clerk of Superior Court of Dodge County, Georgia, in Plat Book 36 at Page 55.
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in Original Land Lot 43 in the 15th Land District of Dodge County, Georgia, and being all of Lot 24, containing 1.47 acres, more or less, according to that certain plat of survey prepared by E. Kirby Holton. RLS, dated September 1, 2007, and recorded in the Office of Clerk of Superior Court of Dodge County, Georgia, in Plat Book 34, at Page 109.
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in Original Land Lot 43 in the 15th Land District of Dodge County, Georgia, and being all of Lot 5, containing 0.86 acres, more or less, according to that certain plat of survey prepared by E. Kirby Holton, RLS, dated September 1, 2007, and recorded in the Office of the Clerk of Superior Court of Dodge County, Georgia, in Plat Book 34, at Page 109
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in Original Land Lot 43 in the 15th Land District of Dodge County, Georgia, and being all of Lot 9, containing 1.18 acres, all of Lot 37, containing 1.45 acres, and all of the well site area, containing 0.44 acre, more or less, according to that certain plat of survey prepared by E. Kirby Holton, RLS, dated September 1, 2007, and recorded in the Office of the Clerk of Superior of Dodge County, Georgia, in Plat Book 34, Page 109.
(Master) Map and Parcel # 046-038
Said Deed to Secure Debt having been given to secure a note dated March 6, 2007 in the original principal amount of $922,477.50 with interest from date at the rate as specified therein.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of among other possible events of default, failure to pay in accordance with the terms of said notes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney(s fees.
To the best of the undersigned(s knowledge, the party in possession of the subject property is: ORCHARD PLANTATION, LLC
The above described property will be sold subject to unpaid state, county and city taxes to the highest bidder for cash and the proceeds will be applied to said indebtedness and the lawful expenses of said sale as provided in said security deed and a conveyance will be made to the purchaser at the sale as authorized by said security deed.
Debtor should contact PLANTATION INVESTMENT PROPERTIES, LLC, 200 COBB PARKWAY N. STE. 120. MARIETTA, GEORGIA 30062, PHONE # 770-425-1141, as to any negotiations, amendments or modification of the above stated Note.
This the 19th day of October, 2011
PLANTATION INVESTMENT PROPERTIES, LLC
As Attorney-in-Fact for
ORCHARD PLANTATION, LLC
200 Cobb Parkway N. Ste. 120
Marietta, GA 30062
JEROME ADAMS
Attorney at Law
P. O. Box 1005
Douglas, GA 3l534
912-384-7109
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NOTICE OF SALE UNDER POWER
GEORGIA, DODGE COUNTY
Because of default in the payment of the indebtedness, secured by a Security Deed executed by ROBERT T HALL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for GMAC MORTGAGE, LLC dba ditech, its successors and assigns dated May 13, 2008 in the amount of $228,900.00, and recorded in Deed Book 607, Page 118, Dodge County, Georgia Records; as last transferred TO GMAC MORTGAGE, LLC, successor by merger to GMAC MORTGAGE CORPORATION BY ASSIGNMENT; the undersigned, GMAC MORTGAGE, LLC, successor by merger to GMAC MORTGAGE CORPORATION 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 December, 2011 , during the legal hours of sale, at the Courthouse door in Dodge County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this policy is situated in the State of Georgia, County of Dodge, City of Eastman, and described as follows:
All that tract or parcel of land situate, lying and being in Land Lot 204 of the 19th Land District, of Dodge County, containing 10.98 acres, more or less, and being identified as Tract B as shown on a certain plat of survey entitled property survey for Richard Allen, dated May 27, 2004, prepared by T Jerry Peacock, Gas. R.L.S. No. 2132 and recorded in Plat Book 33, Page 145 in the Office of the Clerk of Dodge County Superior Court.
APN# 00680-00000-047-A00
which has the property address of 1380 RODDY HWY, EASTMAN, 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 T HALL 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.
GMAC MORTGAGE, LLC,
successor by merger to
GMAC MORTGAGE
CORPORATION Attorney in Fact for
ROBERT T HALL
MCCURDY & CANDLER, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-14901 /FNMA/cyeats
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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GEORGIA, DODGE COUNTY
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in that certain deed to secure debt from STEVEN TRIPP, Grantor, to STATE BANK OF COCHRAN, Grantee, dated October 3, 2005, and recorded in Book 521, Page 54-57, Dodge County Deed Records, said deed to secure debt having been given to secure a promissory note, together with all other debts, extensions, renewals and future advances thereto, there will be sold by the undersigned at public outcry to the highest and best bidder for cash, before the courthouse door in Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in December, 2011, the following described property, to-wit:
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, and described as follows: All that tract or parcel of land lying and being in the City of Eastman, said State and County fronting 70 feet on the Northeast side of Delacy Street and running back 125 feet and being in the West corner of that tract of land
deeded to Eastman Grocery and Lumber Company by a deed recorded in Book 46, Page 212, in the Office of the Clerk of the Superior Court of Dodge County, Georgia, the south corner of the tract hereby conveyed being at the intersection of a certain ditch with Delacy Street, said tract bounded now or formerly as follows: On the southeast by land of Hugh M. Bass and Stella Mae Bass, and on the northeast by lands of Eastman Grocery and Lumber Company, a corporation. Delacy Street is also known as Foster Street and the tract conveyed by this deed contains a house known as No. 312 Foster Street. Said land being further described as the same land described in deed recorded in Deed Book 53, Page 493, in the Clerk’s Office of Dodge County, Georgia.
ALSO, all that tract or parcel of land situate, lying and being in the City of Eastman, Dodge County, Georgia, and being a portion of the lands shown on a plat of a survey of lands of S.H.Hardin recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 2, Page 21, said plat together with the record thereof being by reference incorporated herein and made a part hereof, said property being described as follows: TO FIND THE POINT OF BEGINNING, BEGIN at the northerly corner of the intersection of Seventh Avenue and Foster Street as shown on said plat and running thence along the northeast side of Foster Street in a northwesterly direction a distance of 283 feet to the line dividing lands now or formerly of Mrs. Louise B. Millican and Mrs. Stella M. Bass, thence running at right angles in a northeasterly direction and along said dividing line a distance of 125 feet. THIS IS THE POINT OF BEGINNING and from the POINT OF BEGINNING, thus established, running in a northwesterly direction parallel with Foster Street a distance of 70 feet to lands now or formerly owned by the Milner Estate, thence at right angles and running in a Northeasterly direction along said Milner Estate lands a distance of 153 feet to lands formerly owned by C.H. Bond; thence at right angles and running in a southeasterly direction a distance of 70 feet, thence at right angles and running in a southwesterly direction a distance of 153 feet to the POINT OF BEGINNING, said tract of land being rectangular in shape, bounded on the southwest by lands now or formerly of Mrs. Louise B. Millican, on the northwest by lands now or formerly owned by the Milner Estate, on the northeast by lands now or formerly owned by C.H. Bond, and on the southeast by lands conveyed to Felton L. Kirkpatrick.
The debt secured by said deed to secure debt and note has been and is hereby declared due and payable in full because of default pursuant to the terms of said deed to secure debt and note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest, all expenses of the sale, and other sums secured by the deed to secure debt, including attorney’s fees, and the remainder, if any, shall be applied as required by law.
Said property shall be sold as the property of STEVEN TRIPP, subject to any and all outstanding mortgages, ad valorem taxes, street improvements, easements, or other restrictions of record, if any. The undersigned will execute a deed under power of sale to the purchaser as provided in the deed to secure debt.
This 4th day of November, 2011.
STATE BANK OF COCHRAN
Attorney in Fact for
STEVEN TRIPP
DENNIS MULLIS
Attorney at Law
P. O. Box 429, 101 E. Cherry Street
Cochran, Georgia 31014
478-934-6352
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STATE OF GEORGIA
COUNTY OF DODGE
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by SCOTT ANDERSON AND KAREN ANDERSON TO THE CITIZENS BANK OF COCHRAN dated August 24, 2005, and recorded in Deed Book 341, Page 174, Dodge County Records, said Security Deed having been last sold, assigned, transferred and conveyed to WELLS FARGO BANK, N.A., AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2005-2, BY ASSIGNMENT, securing a Note in the original principal amount of $130,461.48, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 6, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
Tract I: All that tract or parcel of land lying and being in Land Lot No. 122 of the 16th Land District of Dodge County, Georgia, and being more particularly described as follows: To find the point of beginning, start at a concrete marker set at the westerly corner of Land Lot No. 122 and then run along the southwest land lot line
of said lot in a southeasterly direction a distance of 274.85 feet to another concrete marker, said marker being the point of beginning. From the said point of beginning run North 50 degrees 44 minutes 59 seconds East a distance of 736.69 feet to a concrete marker; thence run North 38 degrees 07 minutes 46 seconds East a distance of 417.26 feet to an iron pin; then run South 28 degrees 04 minutes 56 seconds East a distance of 504.65 feet to an iron pin; then run South 08 degrees 47 minutes 29 seconds East a distance of 196.93 feet to an iron pin; then run South 11 degrees 47 minutes 45 seconds East a distance of 83.59 feet to an iron pin; then run South 09 degrees 24 minutes 45 seconds West a distance of 139.83 feet to an iron pin; then run South 13 degrees 57 minutes 00 seconds East a distance of 121.93 feet to an iron pin; then run South 29 degrees 37 minutes 20 seconds East a distance of 189.13 feet to an iron pin; then run South 44 degrees 32 minutes 14 seconds West a distance of 134.64 feet to an iron pin set on the northeasterly right of way line of County Road No. 355 ( New Union Church Road); then run along said road South 68 degrees 52 minutes 51 seconds West a distance of 197.78 feet to an iron pin; then run South 70 degrees 09 minutes 03 seconds West a distance of 371.02 feet to an iron pin; then run South 72 degrees 17 minutes 29 seconds West a distance of 170.49 feet to an iron pin; then leaving said right of way, run North 43 degrees 28 minutes 33 seconds West a distance of 955.11 feet to the point of beginning. Said tract or parcel of land contains 22.985 acres of land, more or less. Said tract is further described as Tract B-1 according to that certain plat of survey prepared by J. B. Faircloth and Associates for Souter Brothers, dated June 9, 1997, and recorded in Plat Book 28, Page 232, Dodge County Land Records. Said plat is incorporated by reference herein for descriptive and all other legal purposes.
Tract II: All that tract or parcel of land lying and being in Land Lot No. 122 of the 16th Land District of Dodge County, Georgia, and being Tract B-2 of 21.933 acres as more fully shown on plat of survey for Souter Brothers by J.B. Faircloth & Associates, R.L.S. No. 2120, dated June 9, 1997, File No. 1414A, and a copy of which is recorded in Plat Book 28, Page 232, in the Office of the Clerk of the Superior Court of Dodge County, Georgia. Said plat and recorded copy thereof is incorporated herein by reference for all purposes. This is a portion of that property as set out in a Warranty Deed from Russell Weaver to J. Lester Souter, III and William Hood Souter d/b/a Souter Brothers, a Georgia General Partnership, dated January 29, 1997, and recorded in Deed Book 278, Page 348, in the Office of the Clerk of the Superior Court of Dodge County, Georgia.
Said property is known as 403 FOUNTAIN ROAD, EASTMAN, GA 31023, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of SCOTT ANDERSON AND KAREN ANDERSON, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of SCOTT ANDERSON AND KAREN ANDERSON, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
WELLS FARGO BANK, N.A.,
AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2005-2
As Attorney-in-Fact for
SCOTT ANDERSON
AND KAREN ANDERSON
File no. 08-000280
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd.,
Duke Building,
Suite 100
Atlanta, GA 30341-3941
770-220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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NOTICE OF SALE UNDER POWER
STATE OF GEORGIA,
COUNTY OF DODGE
Under and by virtue of the Power of Sale contained in a Deed to Secure
Debt given by SUSAN D PARKER AND DANNY L PARKER AND AKA AKA SUSAN DARLEEN PARKER AND AKA DANNY LEE PARKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR BSM FINANCIAL, L.P., dated 10/06/2006, and Recorded on 10/13/2006 as Book No. 555 and Page No. 1, DODGE County, Georgia records, as last assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, by assignment, conveying the after- described property to secure a Note of even date in the original principal amount of $98,455.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the DODGE County Courthouse within the legal hours of sale on the first Tuesday in December, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE LYING AND BEING IN LAND LOT 276 OF THE 16TH LAND DISTRICT OF DODGE COUNTY, GEORGIA CONTAINING 1.295 ACRES, MORE OR LESS, AND BEING MORE ACCURATELY DESCRIBED BY THAT PLAT OF SURVEY PREPARED BY GRADY BONEY, REGISTERED LAND SURVEYOR DATED JUNE 8, 2006, REVISED ON AUGUST 29, 2006 AND FILED FOR RECORD IN PLAT BOOK 35, PAGE 265, OFFICE OF THE CLERK OF DODGE COUNTY SUPERIOR COURT.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136.
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 6672 FRED BOHANNAN ROAD, EASTMAN, GEORGIA 31023 is/are: SUSAN D PARKER AND DANNY L PARKER AND AKA AKA SUSAN DARLEEN PARKER AND AKA DANNY LEE PARKER or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO
CHASE HOME FINANCE LLC
as Attorney in Fact for
SUSAN D PARKER AND DANNY L PARKER AND AKA AKA SUSAN DARLEEN PARKER AND AKA DANNY LEE PARKER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20110187408617
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: 972-341-5398
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STATE OF GEORGIA
COUNTY OF DODGE
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by DAVID ORANGE TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 30, 2002, and recorded in Deed Book 419, Page 340, Dodge County Records, said Security Deed having been last sold, assigned, transferred and conveyed to BANK OF AMERICA, NATIONAL ASSOCIATION, BY ASSIGNMENT, securing a Note in the original principal amount of $70,887.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire
amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 6, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 281 IN THE 16TH DISTRICT OF DODGE COUNTY, EASTMAN GEORGIA, CONTAINING 1.00, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS TRACT 2 ACCORDING TO A PLAT THEREOF MADE BY W.P. JOHNSON & ASSOCIATES, GEORGIA REGISTERED LAND SURVEYOR, LICENSE 1713, ON JUNE 13, 2002, RECORDED AT PLAT BOOK 32, PAGE 136, DODGE COUNTY LAND RECORDS, SAID PLAT BEING INCORPORATED HEREIN FOR ALL LEGAL PURPOSES.
Said property is known as 440 TROY ROAD, EASTMAN, GA 31023, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of DAVID ORANGE, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of DAVID ORANGE, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
BANK OF AMERICA,
NATIONAL ASSOCIATION
as Attorney-in-Fact for
DAVID ORANGE
File no. 11-019809
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Duke Building, Suite 100
Atlanta, GA 30341-3941
770-220-2535/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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NOTICE OF SALE UNDER POWER
GEORGIA, DODGE COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DUNG H DUONG AND KIM A DUONG A/K/A KIM ANH DUONG TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 19, 2005, recorded in Deed Book 509, Page 272, Dodge County, Georgia Records, as last transferred to Bank of America, N.A. by assignment to be recorded in the Office of the Clerk of Superior Court of Dodge County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-SIX THOUSAND AND 0/100 DOLLARS ($136,000.00), 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 Dodge County, Georgia within the legal hours of sale on the first Tuesday in December, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BANK OF AMERICA, N.A., 2270 LAKESIDE BLVD, RICHARDSON, TX 75082, 1-888-219-7773. 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 DUNG H DUONG AND KIM A DUONG A/K/A KIM ANH DUONG or a tenant or tenants and said property is more commonly known as 1136 4TH AVE, EASTMAN, GEORGIA 31023.
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.
BANK OF AMERICA, N.A.
as Attorney in Fact for
DUNG H DUONG AND
KIM A DUONG
A/K/A KIM ANH DUONG
MCCALLA RAYMER, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/krc1 12/6/11
Our file no. 51231211-FT10
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the City of Eastman, Dodge County, Georgia, more particularly described as beginning at the easterly corner of the intersection of Fourth Avenue and Woodland Drive and from said point of beginning, running along the southeast side of Fourth avenue in a direction of north 44 degrees 39 minutes east a distance of 360 feet; thence running in a direction of south 45 degrees 21 minutes east a distance of 140 feet; thence running in a direction of south 44 degrees 41 minutes west a distance of 351.7 feet to the northeast side of Woodland Drive; thence running along the northeast side of Woodland Drive in a direction of north 48 degrees 44 minutes west a distance of 140 feet to the point of beginning and being the same property shown on a plat of a survey made in October, 1974 by Jim H. Ross, Surveyor, which plat is recorded in the Office of the Clerk of the Dodge Superior Court in Plat Book 13, Page 149, said plat being by reference incorporated herein and made a part hereof.
Being the same property acquired by the above-referenced Mortgagor by deed dated 19th day of May, 2005, filed of record in Deed Book 509, Page 270-271, or Instrument Number ___, in the Office of the Clerk of Dodge County, Georgia.
Parcel ID: E05-081A
MR/krc1 12/6/11
Our file no. 51231211 - FT10
NOTICE OF SALE UNDER POWER
COUNTY OF DODGE
STATE OF GEORGIA
By virtue of the Power of Sale contained in the Deed to Secure Debt from ORCHARD PLANTATION, LLC to SUNTRUST BANK, dated March 6, 2007, recorded in Deed Book 568, Pages 178-187, and assigned by SUNTRUST to PLANTATION INVESTMENT PROPERTIES, LLC, on September 30, 2011 by assignment, recorded in Deed Book 691, pages 220-222, Clerk’s Office, Dodge County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the courthouse door at Dodge County, Georgia, within the legal hours of sale on the first Tuesday in December, 2011, the following described property:
All that tract or parcel of land situate, lying and being in Original Land Lots 43 and 44 in the 15th Land District of Dodge County, Georgia, containing 103.76 acres more or less, according to that certain plat of survey prepared by E. Kirby Holton, RLS, dated January 13, 2006 and recorded in the Office of the Clerk of Superior Court of Dodge County, Georgia, in Plat Book 36 at Page 55.
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in Original Land Lot 43 in the 15th Land District of Dodge County, Georgia, and being all of Lot 24, containing 1.47 acres, more or less, according to that certain plat of survey prepared by E. Kirby Holton. RLS, dated September 1, 2007, and recorded in the Office of Clerk of Superior Court of Dodge County, Georgia, in Plat Book 34, at Page 109.
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in Original Land Lot 43 in the 15th Land District of Dodge County, Georgia, and being all of Lot 5, containing 0.86 acres, more or less, according to that certain plat of survey prepared by E. Kirby Holton, RLS, dated September 1, 2007, and recorded in the Office of the Clerk of Superior Court of Dodge County, Georgia, in Plat Book 34, at Page 109
LESS AND EXCEPT: All that tract or parcel of land situate, lying and being in Original Land Lot 43 in the 15th Land District of Dodge County, Georgia, and being all of Lot 9, containing 1.18 acres, all of Lot 37, containing 1.45 acres, and all of the well site area, containing 0.44 acre, more or less, according to that certain plat of survey prepared by E. Kirby Holton, RLS, dated September 1, 2007, and recorded in the Office of the Clerk of Superior of Dodge County, Georgia, in Plat Book 34, Page 109.
(Master) Map and Parcel # 046-038
Said Deed to Secure Debt having been given to secure a note dated March 6, 2007 in the original principal amount of $922,477.50 with interest from date at the rate as specified therein.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of among other possible events of default, failure to pay in accordance with the terms of said notes. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney(s fees.
To the best of the undersigned(s knowledge, the party in possession of the subject property is: ORCHARD PLANTATION, LLC
The above described property will be sold subject to unpaid state, county and city taxes to the highest bidder for cash and the proceeds will be applied to said indebtedness and the lawful expenses of said sale as provided in said security deed and a conveyance will be made to the purchaser at the sale as authorized by said security deed.
Debtor should contact PLANTATION INVESTMENT PROPERTIES, LLC, 200 COBB PARKWAY N. STE. 120. MARIETTA, GEORGIA 30062, PHONE # 770-425-1141, as to any negotiations, amendments or modification of the above stated Note.
This the 19th day of October, 2011
PLANTATION INVESTMENT PROPERTIES, LLC
As Attorney-in-Fact for
ORCHARD PLANTATION, LLC
200 Cobb Parkway N. Ste. 120
Marietta, GA 30062
JEROME ADAMS
Attorney at Law
P. O. Box 1005
Douglas, GA 3l534
912-384-7109
gpn 11
NOTICE OF SALE UNDER POWER
GEORGIA, DODGE COUNTY
Because of default in the payment of the indebtedness, secured by a Security Deed executed by ROBERT T HALL to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for GMAC MORTGAGE, LLC dba ditech, its successors and assigns dated May 13, 2008 in the amount of $228,900.00, and recorded in Deed Book 607, Page 118, Dodge County, Georgia Records; as last transferred TO GMAC MORTGAGE, LLC, successor by merger to GMAC MORTGAGE CORPORATION BY ASSIGNMENT; the undersigned, GMAC MORTGAGE, LLC, successor by merger to GMAC MORTGAGE CORPORATION 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 December, 2011 , during the legal hours of sale, at the Courthouse door in Dodge County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this policy is situated in the State of Georgia, County of Dodge, City of Eastman, and described as follows:
All that tract or parcel of land situate, lying and being in Land Lot 204 of the 19th Land District, of Dodge County, containing 10.98 acres, more or less, and being identified as Tract B as shown on a certain plat of survey entitled property survey for Richard Allen, dated May 27, 2004, prepared by T Jerry Peacock, Gas. R.L.S. No. 2132 and recorded in Plat Book 33, Page 145 in the Office of the Clerk of Dodge County Superior Court.
APN# 00680-00000-047-A00
which has the property address of 1380 RODDY HWY, EASTMAN, 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 T HALL 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.
GMAC MORTGAGE, LLC,
successor by merger to
GMAC MORTGAGE
CORPORATION Attorney in Fact for
ROBERT T HALL
MCCURDY & CANDLER, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 11-14901 /FNMA/cyeats
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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GEORGIA, DODGE COUNTY
NOTICE OF SALE UNDER POWER
Under and by virtue of the power of sale contained in that certain deed to secure debt from STEVEN TRIPP, Grantor, to STATE BANK OF COCHRAN, Grantee, dated October 3, 2005, and recorded in Book 521, Page 54-57, Dodge County Deed Records, said deed to secure debt having been given to secure a promissory note, together with all other debts, extensions, renewals and future advances thereto, there will be sold by the undersigned at public outcry to the highest and best bidder for cash, before the courthouse door in Dodge County, Georgia, within the legal hours of sale, on the first Tuesday in December, 2011, the following described property, to-wit:
All that tract or parcel of land lying and being in the City of Eastman, Dodge County, Georgia, and described as follows: All that tract or parcel of land lying and being in the City of Eastman, said State and County fronting 70 feet on the Northeast side of Delacy Street and running back 125 feet and being in the West corner of that tract of land
deeded to Eastman Grocery and Lumber Company by a deed recorded in Book 46, Page 212, in the Office of the Clerk of the Superior Court of Dodge County, Georgia, the south corner of the tract hereby conveyed being at the intersection of a certain ditch with Delacy Street, said tract bounded now or formerly as follows: On the southeast by land of Hugh M. Bass and Stella Mae Bass, and on the northeast by lands of Eastman Grocery and Lumber Company, a corporation. Delacy Street is also known as Foster Street and the tract conveyed by this deed contains a house known as No. 312 Foster Street. Said land being further described as the same land described in deed recorded in Deed Book 53, Page 493, in the Clerk’s Office of Dodge County, Georgia.
ALSO, all that tract or parcel of land situate, lying and being in the City of Eastman, Dodge County, Georgia, and being a portion of the lands shown on a plat of a survey of lands of S.H.Hardin recorded in the Office of the Clerk of Dodge Superior Court in Plat Book 2, Page 21, said plat together with the record thereof being by reference incorporated herein and made a part hereof, said property being described as follows: TO FIND THE POINT OF BEGINNING, BEGIN at the northerly corner of the intersection of Seventh Avenue and Foster Street as shown on said plat and running thence along the northeast side of Foster Street in a northwesterly direction a distance of 283 feet to the line dividing lands now or formerly of Mrs. Louise B. Millican and Mrs. Stella M. Bass, thence running at right angles in a northeasterly direction and along said dividing line a distance of 125 feet. THIS IS THE POINT OF BEGINNING and from the POINT OF BEGINNING, thus established, running in a northwesterly direction parallel with Foster Street a distance of 70 feet to lands now or formerly owned by the Milner Estate, thence at right angles and running in a Northeasterly direction along said Milner Estate lands a distance of 153 feet to lands formerly owned by C.H. Bond; thence at right angles and running in a southeasterly direction a distance of 70 feet, thence at right angles and running in a southwesterly direction a distance of 153 feet to the POINT OF BEGINNING, said tract of land being rectangular in shape, bounded on the southwest by lands now or formerly of Mrs. Louise B. Millican, on the northwest by lands now or formerly owned by the Milner Estate, on the northeast by lands now or formerly owned by C.H. Bond, and on the southeast by lands conveyed to Felton L. Kirkpatrick.
The debt secured by said deed to secure debt and note has been and is hereby declared due and payable in full because of default pursuant to the terms of said deed to secure debt and note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the deed to secure debt, accrued interest, all expenses of the sale, and other sums secured by the deed to secure debt, including attorney’s fees, and the remainder, if any, shall be applied as required by law.
Said property shall be sold as the property of STEVEN TRIPP, subject to any and all outstanding mortgages, ad valorem taxes, street improvements, easements, or other restrictions of record, if any. The undersigned will execute a deed under power of sale to the purchaser as provided in the deed to secure debt.
This 4th day of November, 2011.
STATE BANK OF COCHRAN
Attorney in Fact for
STEVEN TRIPP
DENNIS MULLIS
Attorney at Law
P. O. Box 429, 101 E. Cherry Street
Cochran, Georgia 31014
478-934-6352
gpn 11
STATE OF GEORGIA
COUNTY OF DODGE
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by SCOTT ANDERSON AND KAREN ANDERSON TO THE CITIZENS BANK OF COCHRAN dated August 24, 2005, and recorded in Deed Book 341, Page 174, Dodge County Records, said Security Deed having been last sold, assigned, transferred and conveyed to WELLS FARGO BANK, N.A., AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2005-2, BY ASSIGNMENT, securing a Note in the original principal amount of $130,461.48, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 6, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
Tract I: All that tract or parcel of land lying and being in Land Lot No. 122 of the 16th Land District of Dodge County, Georgia, and being more particularly described as follows: To find the point of beginning, start at a concrete marker set at the westerly corner of Land Lot No. 122 and then run along the southwest land lot line
of said lot in a southeasterly direction a distance of 274.85 feet to another concrete marker, said marker being the point of beginning. From the said point of beginning run North 50 degrees 44 minutes 59 seconds East a distance of 736.69 feet to a concrete marker; thence run North 38 degrees 07 minutes 46 seconds East a distance of 417.26 feet to an iron pin; then run South 28 degrees 04 minutes 56 seconds East a distance of 504.65 feet to an iron pin; then run South 08 degrees 47 minutes 29 seconds East a distance of 196.93 feet to an iron pin; then run South 11 degrees 47 minutes 45 seconds East a distance of 83.59 feet to an iron pin; then run South 09 degrees 24 minutes 45 seconds West a distance of 139.83 feet to an iron pin; then run South 13 degrees 57 minutes 00 seconds East a distance of 121.93 feet to an iron pin; then run South 29 degrees 37 minutes 20 seconds East a distance of 189.13 feet to an iron pin; then run South 44 degrees 32 minutes 14 seconds West a distance of 134.64 feet to an iron pin set on the northeasterly right of way line of County Road No. 355 ( New Union Church Road); then run along said road South 68 degrees 52 minutes 51 seconds West a distance of 197.78 feet to an iron pin; then run South 70 degrees 09 minutes 03 seconds West a distance of 371.02 feet to an iron pin; then run South 72 degrees 17 minutes 29 seconds West a distance of 170.49 feet to an iron pin; then leaving said right of way, run North 43 degrees 28 minutes 33 seconds West a distance of 955.11 feet to the point of beginning. Said tract or parcel of land contains 22.985 acres of land, more or less. Said tract is further described as Tract B-1 according to that certain plat of survey prepared by J. B. Faircloth and Associates for Souter Brothers, dated June 9, 1997, and recorded in Plat Book 28, Page 232, Dodge County Land Records. Said plat is incorporated by reference herein for descriptive and all other legal purposes.
Tract II: All that tract or parcel of land lying and being in Land Lot No. 122 of the 16th Land District of Dodge County, Georgia, and being Tract B-2 of 21.933 acres as more fully shown on plat of survey for Souter Brothers by J.B. Faircloth & Associates, R.L.S. No. 2120, dated June 9, 1997, File No. 1414A, and a copy of which is recorded in Plat Book 28, Page 232, in the Office of the Clerk of the Superior Court of Dodge County, Georgia. Said plat and recorded copy thereof is incorporated herein by reference for all purposes. This is a portion of that property as set out in a Warranty Deed from Russell Weaver to J. Lester Souter, III and William Hood Souter d/b/a Souter Brothers, a Georgia General Partnership, dated January 29, 1997, and recorded in Deed Book 278, Page 348, in the Office of the Clerk of the Superior Court of Dodge County, Georgia.
Said property is known as 403 FOUNTAIN ROAD, EASTMAN, GA 31023, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of SCOTT ANDERSON AND KAREN ANDERSON, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of SCOTT ANDERSON AND KAREN ANDERSON, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
WELLS FARGO BANK, N.A.,
AS TRUSTEE OF THE SECURITY NATIONAL MORTGAGE LOAN TRUST 2005-2
As Attorney-in-Fact for
SCOTT ANDERSON
AND KAREN ANDERSON
File no. 08-000280
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd.,
Duke Building,
Suite 100
Atlanta, GA 30341-3941
770-220-2535/AR
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
gpn 11
NOTICE OF SALE UNDER POWER
STATE OF GEORGIA,
COUNTY OF DODGE
Under and by virtue of the Power of Sale contained in a Deed to Secure
Debt given by SUSAN D PARKER AND DANNY L PARKER AND AKA AKA SUSAN DARLEEN PARKER AND AKA DANNY LEE PARKER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS NOMINEE FOR BSM FINANCIAL, L.P., dated 10/06/2006, and Recorded on 10/13/2006 as Book No. 555 and Page No. 1, DODGE County, Georgia records, as last assigned to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, by assignment, conveying the after- described property to secure a Note of even date in the original principal amount of $98,455.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the DODGE County Courthouse within the legal hours of sale on the first Tuesday in December, 2011, the following described property:
ALL THAT TRACT OR PARCEL OF LAND SITUATE LYING AND BEING IN LAND LOT 276 OF THE 16TH LAND DISTRICT OF DODGE COUNTY, GEORGIA CONTAINING 1.295 ACRES, MORE OR LESS, AND BEING MORE ACCURATELY DESCRIBED BY THAT PLAT OF SURVEY PREPARED BY GRADY BONEY, REGISTERED LAND SURVEYOR DATED JUNE 8, 2006, REVISED ON AUGUST 29, 2006 AND FILED FOR RECORD IN PLAT BOOK 35, PAGE 265, OFFICE OF THE CLERK OF DODGE COUNTY SUPERIOR COURT.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43219, 800-848-9136.
Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 6672 FRED BOHANNAN ROAD, EASTMAN, GEORGIA 31023 is/are: SUSAN D PARKER AND DANNY L PARKER AND AKA AKA SUSAN DARLEEN PARKER AND AKA DANNY LEE PARKER or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION,
SUCCESSOR BY MERGER TO
CHASE HOME FINANCE LLC
as Attorney in Fact for
SUSAN D PARKER AND DANNY L PARKER AND AKA AKA SUSAN DARLEEN PARKER AND AKA DANNY LEE PARKER.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20110187408617
BARRETT DAFFIN FRAPPIER LEVINE & BLOCK, LLP
15000 Surveyor Boulevard
Addison, Texas 75001
Telephone: 972-341-5398
gpn 11
STATE OF GEORGIA
COUNTY OF DODGE
NOTICE OF SALE UNDER POWER
Because of a default in the payment of the indebtedness secured by a Security Deed executed by DAVID ORANGE TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 30, 2002, and recorded in Deed Book 419, Page 340, Dodge County Records, said Security Deed having been last sold, assigned, transferred and conveyed to BANK OF AMERICA, NATIONAL ASSOCIATION, BY ASSIGNMENT, securing a Note in the original principal amount of $70,887.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire
amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 6, 2011, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT NO. 281 IN THE 16TH DISTRICT OF DODGE COUNTY, EASTMAN GEORGIA, CONTAINING 1.00, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS TRACT 2 ACCORDING TO A PLAT THEREOF MADE BY W.P. JOHNSON & ASSOCIATES, GEORGIA REGISTERED LAND SURVEYOR, LICENSE 1713, ON JUNE 13, 2002, RECORDED AT PLAT BOOK 32, PAGE 136, DODGE COUNTY LAND RECORDS, SAID PLAT BEING INCORPORATED HEREIN FOR ALL LEGAL PURPOSES.
Said property is known as 440 TROY ROAD, EASTMAN, GA 31023, together with all fixtures and personal property attached to and constituting a part of said property, if any.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorney’s fees in accordance with the terms of the Note secured by said Deed.
Said property will be sold as the property of DAVID ORANGE, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of DAVID ORANGE, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
BANK OF AMERICA,
NATIONAL ASSOCIATION
as Attorney-in-Fact for
DAVID ORANGE
File no. 11-019809
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Blvd., Duke Building, Suite 100
Atlanta, GA 30341-3941
770-220-2535/AB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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NOTICE OF SALE UNDER POWER
GEORGIA, DODGE COUNTY
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in a Security Deed given by DUNG H DUONG AND KIM A DUONG A/K/A KIM ANH DUONG TO MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 19, 2005, recorded in Deed Book 509, Page 272, Dodge County, Georgia Records, as last transferred to Bank of America, N.A. by assignment to be recorded in the Office of the Clerk of Superior Court of Dodge County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-SIX THOUSAND AND 0/100 DOLLARS ($136,000.00), 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 Dodge County, Georgia within the legal hours of sale on the first Tuesday in December, 2011, the following described property:
SEE EXHIBIT “A” ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BANK OF AMERICA, N.A., 2270 LAKESIDE BLVD, RICHARDSON, TX 75082, 1-888-219-7773. 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 DUNG H DUONG AND KIM A DUONG A/K/A KIM ANH DUONG or a tenant or tenants and said property is more commonly known as 1136 4TH AVE, EASTMAN, GEORGIA 31023.
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.
BANK OF AMERICA, N.A.
as Attorney in Fact for
DUNG H DUONG AND
KIM A DUONG
A/K/A KIM ANH DUONG
MCCALLA RAYMER, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/krc1 12/6/11
Our file no. 51231211-FT10
EXHIBIT “A”
All that tract or parcel of land situate, lying and being in the City of Eastman, Dodge County, Georgia, more particularly described as beginning at the easterly corner of the intersection of Fourth Avenue and Woodland Drive and from said point of beginning, running along the southeast side of Fourth avenue in a direction of north 44 degrees 39 minutes east a distance of 360 feet; thence running in a direction of south 45 degrees 21 minutes east a distance of 140 feet; thence running in a direction of south 44 degrees 41 minutes west a distance of 351.7 feet to the northeast side of Woodland Drive; thence running along the northeast side of Woodland Drive in a direction of north 48 degrees 44 minutes west a distance of 140 feet to the point of beginning and being the same property shown on a plat of a survey made in October, 1974 by Jim H. Ross, Surveyor, which plat is recorded in the Office of the Clerk of the Dodge Superior Court in Plat Book 13, Page 149, said plat being by reference incorporated herein and made a part hereof.
Being the same property acquired by the above-referenced Mortgagor by deed dated 19th day of May, 2005, filed of record in Deed Book 509, Page 270-271, or Instrument Number ___, in the Office of the Clerk of Dodge County, Georgia.
Parcel ID: E05-081A
MR/krc1 12/6/11
Our file no. 51231211 - FT10
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