LEGALS
VARIANCE REQUEST
The Lincoln County Planning Commission
will hold its regularly scheduled meeting
in the Planning and Zoning Conference Room
located across from the Lincoln County
Courthouse at 107 Perryman Avenue, Lincolnton,
Georgia on March 9, 2009 at 5:30
p.m. at which time request will be made for a
side set-back variance at property located on
Overlook Road known as Tax Map 62C/
Parcel 017.
Said property being owned by Brian and
Joanne Ely being located off the South side
of Overlook Road. Being bound on the East
by properties of Christopher N. Ridlehoover,
bound on the North by lands of the United
States Army Corps of Engineers, and West
by lands of Larry J. Miller. The property's
total area is approximately .46 acre.
Documents can be viewed at Lincoln
County Department of Planning & Zoning
during normal business hours. Individuals with
questions may call (706) 359-5522.
The Lincoln County Board of Commissioners
will act on the recommendation during
their regularly scheduled meeting on
March 12, 2009 at 6:30 p.m. 2 19 2tc
NOTICE
Notice is hereby given that the owner of
Griff's Place, located at 4764 Thomson Hwy.,
Lincolnton, has made application to the
Board of Commissioners of Lincoln County
for a malt beverage and wine license. The
hearing of such application will be held at the
next regular meeting of the Board more than
30 days after the first public notice dated
February 9, 2009.
Stephen Ellis Lindsey
2 12 3tp
NOTICE
Georgia, Lincoln County Probate Court
To: All whom it may concern.
The petition of Peggy P. Saggus, for a
year's support from the estate of Jack W.
Saggus, deceased, for decedent's surviving
spouse, having been duly filed, all interested
persons are hereby notified to show cause, if
any they have, on or before March 16, 2009,
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 on or before the
time stated in the preceding sentence. All
pleadings/objections must be signed before a
notary public or before a probate court clerk,
and filing fees must be tendered with you
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.
Lee D. Moss, Probate Judge
By: Lisa E. Reese, Prorate Clerk
P.O. Box 205
Lincolnton, GA 30817
706-359-5528
2 12 4tp
NOTICE OF SALE UNDER POWER
Georgia, Lincoln County
Because of Default in the payment of the
indebtedness, secured by a Security Deed executed
by Craig A. Aycox and Jamie M. Aycox
to Mortgage Electronic Registration Systems,
Inc. dated January 1, 1950 in the amount of
$134,000.00, and recorded in Deed Book
179, Page 807, Lincoln 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 March, 2009, during the legal
hours of sale, at the Courthouse door in Lincoln
County, sell at public outcry to the highest
bidder for cash, the property described in said
deed to-wit:
All that those tracts or parcels of land
situate, lying and being in the 184th G.M.D.,
Lincoln County, Georgia, and being shown
and designated as Lot 4, containing 0.88 acre,
and Lot 4-A, containing 0.52 acre shown on
a plat prepared for Loco Baptist Church by
Robert Wilkes, Lincoln County Surveyor,
dated February 8, 1993 and recorded in the
Office of the Clerk of Superior Court of Lincoln
County, Georgia in Plat Book 8, Page
671.
Also, all that tract or parcel of land, situate,
lying and being in the 184th G.M.D.,
Lincoln County, Georgia containing 0.01 acre
and designated as the Hugh Allen Ferguson
property as shown on a plat prepared for
Loco Baptist Church by Robert Wilkes, Lincoln
County Surveyor, dated February 8, 1993
and recorded in the aforesaid Clerks Office in
Plat Book 8, Page 671. Said property fronts
on the North side of Loco Church Road a
distance of 31.5 feet and extends in a Southwesterly
direction South 32 degrees 39 feet
East for a distance of 16.5 feet; and said property
extends North 88 degrees 09 feet West a
distance of 37.73 feet. Reference is hereby
made to the aforesaid plat for a more particular
description of said property.
Said property is hereby conveyed subject
to any and all easements and restrictions of
record in the aforesaid Clerks office. Tax map
& parcel number: 31:48. Said property being
commonly known as 1625 Loco Church
Road, Lincolnton, Georgia 30817.
Which has the property address of 1625
Loco Church Road, Lincolnton, 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 Craig A. Aycox and Jamie M. Aycox, 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.
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.
Mortgage Electronic
Registration Systems, Inc.
Attorney in Fact for
Craig A. Aycox and Jamie M. Aycox
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
www.mccurdycander.com
File No. 09-02562/FNMA
2 5 4tc
NOTICE OF SALE UNDER POWER
State of Georgia
County of Lincoln
Because of a default in the payment of the
indebtedness secured by that certain Security
Deed, dated December 21, 2007, executed by
Mark W. Johnson and Nicole A. Johnson to
Mortgage Electronic Registration Systems,
Inc., recorded in Deed Book 185, Page 204,
Lincoln County, Georgia Deed Records, and
securing an Note in the original principal
amount of $241,110.00, said Security Deed
and Note having last been assigned to
Wachovia Mortgage Corporation, the current
holder thereof, has declared the entire
amount of said indebtedness evidenced by the
Note immediately due and payable and, pursuant
to the power of sale contained in said
Security Deed, will, on the first Tuesday in
March, 2009, to-wit: March 3, 2009, during
the legal hours of sale, before the Lincoln
County Courthouse door, sell at public outcry
to the highest bidder for cash, the following
described real property:
All that tract or parcel of land lying and
being in the 188th G.M.D. of Lincoln County,
Georgia, and being more particularly described
as Lot 97, Stillwater Coves Subdivision, Phase
I, as per plat thereof recorded in Plat Cabinet
A, Slides 163-164, Panel A, Lincoln County,
Georgia Records, which recorded plat is incorporated
herein by reference and made a
part of this description.
The aforedescribed real property, is also
known as Lot #97 Stillwater Coves, Lincolnton,
Georgia, according to the present
system of numbering houses in Lincoln
County, Georgia.
This sale will be conducted subject (1) to
confirmation that the sale is not prohibited
under the U.S. Bankruptcy Code and (2) to
final confirmation and audit as to the amount
and status of the loan with the holder of the
Security Deed, including but not limited to, a
determination that the borrower has not reinstated
the loan prior to the foreclosure sale.
Said real property will be sold subject to
any outstanding ad valorem taxes (including
taxes which are a lien, but not yet due and
payable), the right of redemption of any taxing
authority, any matters which might be
disclosed by an accurate survey and inspection
of the real property, any assessments,
liens, encumbrances, zoning ordinances, restrictions,
covenants, and matters of record
superior to the Security Deed first set out
above.
Upon information and belief, said real
property is presently in the possession or
control of Mark W. Johnson and Nicole A.
Johnson and the proceeds of said sale will be
applied to the payment of said indebtedness
and all the expenses of said sale, including
attorney's fees, all as provided in said Security
Deed and the excess proceeds, if any, will
be distributed as provided by law.
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.
Wachovia Mortgage Corporation
as Attorney-in-Fact for
Mark W. Johnson and Nicole A. Johnson
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
2 5 4tc
NOTICE OF SALE UNDER POWER
State of Georgia
County of Lincoln
Because of a default in the payment of the
indebtedness secured by a Security Deed executed
by Randy Eugene Banks and Nikki S.
Banks to Regions Bank DBA Regions Mortgage
dated July 21, 2006, and recorded in
Deed Book 165, Page 538, Lincoln County
Records, securing a Note in the original principal
amount of $290,000.00, 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, March
3, 2009, 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 lot or parcel of land with improvements
thereon, situate, lying and being
in the State of Georgia, County of Lincoln,
containing 11.10 acres, more or less, and
being shown and designated on a plat recorded
in the Office of the Clerk of the Superior
Court of Lincoln County, Georgia, in Book
8, Page 740; reference being made to said
plat for a more complete and accurate description
as to the metes, bounds and location
of said property.
Said property is hereby conveyed subject
to Protective Covenants and to any and all
other easements and restrictions of record in
the aforesaid Clerk's office. Tax map & parcel
number: 41:5
Also all that lot or parcel of land with
improvements thereon, situate, lying and
being in the State of Georgia, County of Lincoln,
containing 8.44 acres, more or less,
being shown and designated on a plat recorded
in the Office of the Clerk of the Superior
Court of Lincoln County, Georgia, in Plat
Book 8, Page 786; reference being made to
said plat for a more complete and accurate
description as to the metes, bounds and location
of said property.
Said property is hereby conveyed subject
to Protective Covenants and to any and all
other easements and restrictions of record in
the aforesaid Clerk's office. Tax map & parcel
number: 41:6
Said property is known as 3416 Goldman
Road, Lincolnton, GA 30817, 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 Randy Eugene Banks and Nikki S. Banks,
the property, to the best information, knowledge
and belief of the undersigned, being presently
in the possession of Randy Eugene
Banks and Nikki S. Banks, 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.
The law firm is acting as a debt collector.
Any information obtained will be used for
that purpsoe.
Regions Bank DBA Regions Mortgage
as Attorney-in-Fact for
Randy Eugene Banks and Nikki S. Banks
File no. 08-008711
L. J. Swertfeger. Jr.
Shapiro & Swertfeger, LLP
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/ASR
www.swertfeger.net
2 5 4tc
NOTICE OF SALE UNDER POWER
State of Georgia, County of Lincoln
Under and by virtue of the power of sale
within a certain Security Deed from Kathryn
Elizabeth Truitt and Jordan Cecil Truitt,
Grantor, to Farmers and Merchants Bank,
Grantee, dated April 1, 2005 and recorded in
Deed Book 151, Page 515, Lincoln County
Superior Court Deed Records. The subject
Security Deed having been given to secure a
Note dated April 1, 2005, in the original principal
amount of $77,200.54, there will be
sold by the undersigned at public outcry, during
the legal hours of sale before the door of
the Courthouse of Lincoln County, Georgia,
on the first Tuesday in March, to wit, March
3, 2009, to the highest and best bidder for
cash, the following described property:
ALL that tract or parcel of land with improvements
thereon, situate, lying and being
in the 184th GMD of Lincoln County, Georgia,
consisting of 1.06 acres, more or less,
located to the North of Amity-Woodlawn
Road and being shown as Lot 3 on a plat of
survey thereof prepared by Robert F. Wilkes,
Lincoln County Surveyor, dated March 17,
1999 and recorded in Plat Book 9, Page 441,
Lincoln County Superior Court Deed
Records. Said plat of survey and the official
record thereof is incorporated herein for a
more specific description of the property.
Also included herein is an ingress-egress
easement being 60' wide and located on a
strip of land designated as "Lindsey Road"
and which runs from the Amity-Woodlawn
Road to Lot 3 as is more particularly shown
on said plat of survey.
The debt secured by the Security Deed and
Note has been and is hereby declared due and
payable in full because of default in payment
pursuant to the terms of the Security Deed
and Note. Notice has been given of intention
to enforce provisions for collection of
attorney's fees and foreclosure in accordance
with legal requirements and the terms of the
Security Deed 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 Security Deed, accrued interest and expenses
of the sale and other sums secured by
the Security Deed, including attorney's fees;
and, the remainder, if any, shall be applied as
provided by law.
To the best of the undersigned's knowledge
and belief the property is in the possession
of Kathryn Elizabeth Truitt and Jordan
Cecil Truitt and said property will be sold as
the property of said individuals, subject to
outstanding ad valorem taxes, street improvements,
and easements or restrictions
of record, if any. The undersigned will execute
a deed to the Purchaser at said sale as
provided in the Security Deed.
Charles E. Legette, Jr.
Attorney for Farmers and Merchants
Bank,
Attorney-in-Fact for Kathryn Elizabeth
Truitt and Jordan Cecil Truitt
Charles E. Legette, Jr.
27 E. Public Square
Washington, Georgia 30673
(706) 678-3286
2 5 4tc
NOTICE OF SALE UNDER POWER IN
DEED TO SECURE DEBT
State of Georgia
County of Lincoln
Under and by virtue of the power of sale
contained in that certain Deed to Secure Debt
from Anthony Jefferies to CitiFinancial Services,
Inc. in the original principal amount
of $57,679.03 dated 06/04/2002, and recorded
in Deed Book 125, page 188, Lincoln
County records, the undersigned will sell at
public outcry to the highest bidder for cash
before the Courthouse door in said County,
during the legal hours of sale, on the first
Tuesday of March, 2009 by CitiFinancial
Services, Inc., as Attorney-in-Fact for Anthony
Jefferies the following described property:
All that tract or parcel of land with improvements
thereon, situate, lying and being
in the state of Georgia, county of Lincoln,
being known and designated as Lot 4, containing
13.32 acres and being more particularly
shown on a plat recorded in the Office
of the Clerk of the Superior Court of Lincoln
County, Georgia in Plat Book "B", Page 165
and reference is hereby made to said Plat
Book for a more complete and accurate description
as to metes, bounds and location of
said property.
Property known as: 1861 Old Petersburg
Road, Lincolnton, GA 30817
The indebtedness secured by said Deed to
Secure Debt having been declared due and
payable because of default in the payment of
the indebtedness secured thereby, this sale will
be made for the purposes of paying the same
and all expenses of sale, including attorney's
fees, (notice having been given as provided
by law).
The property will be sold as the property
of The Aforesaid Grantors subject to the following:
(1) all prior restrictive covenants,
easements, rights-of-way or encumbrances;
(2) all valid zoning ordinances; (3) matters
which would be disclosed by an accurate survey
of the property; (4) the outstanding ad
valorem taxes and assessments, if any; (5)
unpaid water and sewage bills, that constitute
liens against the property, whether due and
payable or not yet due and payable; (6) a
Security Deed to R. Daniel Weigle recorded
in Deed Book 92 Page 338 aforesaid records;
and (7) matters of record superior to the
security deed first set out above.
Pursuant to O.C.G.A. Section 44-14-
162.2 the name of the person or entity
who has the full authority to negotiate,
amend, or modify the terms of the
aforementioned indebtedness is:
Citifinancial Services, Inc., 5 Munn Road,
Fort Mill, SC 29715, phone: 877-675-
3656.
This law firm is acting as a debt collector
attempting to collect a debt, any information
obtained will be used for that purpose.
Nothing contained in this Notice of Sale
shall obligate Lender to negotiate, amend
or modify said indebtedness.
To the best of the undersigned's
knowledge and belief, the party in
possession is Anthony Jefferies.
CitiFinancial Services, Inc.,
as Attorney-in-fact for Anthony Jefferies.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
2 5 4tc
NOTICE OF SALE UNDER POWER
Georgia, Lincoln 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 Marie
Cooper-Draves to Wells Fargo Bank, NA,
dated August 17, 2005, recorded in Deed Book
154, Page 734, Lincoln County, Georgia
Records, as last transferred to HSBC Bank
USA, National Association, as Trustee for
Wells Fargo Home Equity Trust 2005-3 by
assignment to be recorded in the Office of
the Clerk of Superior Court of Lincoln
County, Georgia Records, conveying the after
described property to secure a Note in
the original principal amount of TWO HUNDRED
THIRTY-ONE THOUSAND THREE
HUNDRED AND 0/100 DOLLARS
($231,300.00), 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 Lincoln County, Georgia,
within the legal hours of sale on the first
Tuesday in March, 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 Marie Cooper-Draves or a tenant
or tenants and said property is more commonly
known as 1603 Plantation Circle,
Lincolnton, Georgia 30817.
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.
Exhibit A
All that lot, tract or parcel of land, with
all improvements thereon, situate, lying and
being in the 269th G.M.D. of Lincoln County,
Georgia, and being known as Lot 11-A, as
shown on a plat of Plantation Point Subdivision,
prepared by James G. Swift, engineer,
dated March 30, 1979, and recorded in the
Office of the Clerk of Superior Court of Lincoln
County, Georgia in Plat Book A, Page
39. Reference is made to said plat for a more
complete and accurate description as to the
metes, bounds and location of said property.
Said property is conveyed subject to any and
all easements and restrictions of record.
HSBC Bank USA, National Association,
as Trustee for Wells Fargo Home Equity
Trust 2005-3
as Attorney in Fact for Marie Cooper-
Draves
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net MR/car 3/3/09
Our file no. 5164809-FT5
2 5 4tc
NOTICE OF SALE UNDER POWER
Georgia, Lincoln 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 William
E. Hunt, III and Tammy H. Hunt a/k/a
Tammy E. Hunt to First National Bank and
Trust Company, dated June 24, 2004, recorded
in Deed Book 144, Page 301, Lincoln
County, Georgia Records, as last transferred
to National City Mortgage Co. by assignment
recorded in Deed Book 144, Page 316,
Lincoln County, Georgia Records, conveying
the after-described property to secure a
Note in the original principal amount of
SIXTY-NINE THOUSAND FIFTY AND 0/
100 DOLLARS ($69,050.00), 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 Lincoln
County, Georgia, within the legal hours of
sale on the first Tuesday in March, 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, includ-
ing 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: National City Mortgage Co.,
3232 Newmark Drive, Miamisburg, OH
45342, 800-523-8654. 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 William E. Hunt, III and Tammy
H. Hunt a/k/a Tammy E. Hunt or a tenant or
tenants and said property is more commonly
known as 3611 Leathersville Road, Lincolnton,
Georgia 30817. 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.
EXHIBIT A
All those lots or parcels of land, with improvements
thereon, lying and being in the
State of Georgia, County, of Lincoln, 183rd
GMD, containing a total of 14.81 acres situate
on Leathersville Road, and being known
and designated as Lot 1, containing 6.71 acres,
and Lot 2, containing 8.10 acres, as shown
on a plat dated August 11, 1994, and revised
September 19, 1994, prepared for G.T.
Brasher by Johnny E. Miller, RLS, recorded
September 23, 1994, in Plat Book B, page
117, office of the Clerk of Superior Court of
Lincoln County, Georgia. Reference is made
to said Plat for a more complete and accurate
description as to metes, bounds and location
of said property.
National City Bank sbm National City
Mortgage Co.
as Attorney in Fact for
William E. Hunt, III and Tammy H. Hunt
a/k/a Tammy E. Hunt
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 3/3/09
Our file no. 5183509-FT7
2 5 4tc
NOTICE OF SALE UNDER POWER
Georgia, Lincoln County
Because of default in the payment of the
indebtedness, secured by a Security Deed executed
by Dora Sparks and Joel Sparks to
Mortgage Electronic Registration Systems,
Inc. dated May 3, 2006 in the amount of
$131,720.00, and recorded in Deed Book
161, Page 598, Lincoln County, Georgia
Records; as last transferred to Mortgage Electronic
Registration Systems, Inc. as nominee
for Taylor, Bean & Whitaker Mortgage
Corp. by assignment; the undersigned, Mortgage
Electronic Registration Systems, Inc. as
nominee for Taylor, Bean & Whitaker Mortgage
Corp. 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 of
March, 2009, during the legal hours of sale,
at the Courthouse door in Lincoln County,
sell at public outcry to the highest bidder for
cash, the property described in said deed towit:
All those lots or parcels of land, with improvements
thereon, situate, lying and being
in The State of Georgia, County of Lincoln,
being known and designated as Lot 5, containing
5.21 Acres, County, Georgia in Plat
Book at Page 236; reference is hereby made
to said plat for a more complete and accurate
description as to metes, bounds and location
of said property.
This property is conveyed subject to Protective
Covenants recorded in said Clerk's in
Deed Book 97, Pages 299-300.
Which has the property address of 1144
Colvin Kennedy Rd., Lincolnton, 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 Dora Sparks and Joel Sparks 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.
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.
Mortgage Electronic Registration Systems,
Inc.
as nominee for
Taylor, Bean & Whitaker Mortgage Corp.
Attorney in fact for
Dora Sparks and Joel Sparks
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
www.mccurdycandler.com
File No. 09-00465/FHA
2 5 4tc
NOTICE OF SALE UNDER POWER
Georgia, Lincoln County
By virtue of the power of sale contained
in that certain Deed to Secure Debt from
John T. Humphrey, IV and Bernard L. Hamby
to James O. Rowland, dated July 11, 2003,
and recorded in Deed Book 135, pages 59-
61, Lincoln County, Georgia records, said
Deed to Secure Debt having been given to
secure a Note dated July 11, 2003, in the
original principal sum of One Hundred Sixty-
Five Thousand and 00/100 Dollars
($165,000.00), with interest from date at
the rate stated in said Note on the unpaid
balance until paid, there will be sold by the
undersigned at public outcry to the highest
bidder for cash before the Courthouse door at
Lincoln County, Georgia, within the legal
hours of sale on the first Tuesday in March,
2009, the property described on Exhibit "A"
attached hereto and incorporated herein by
reference. The debt secured by said Deed to
Secure Debt has been and is hereby declared
due because of, among other possible events
of default, non-payment of the monthly installments
on said loan. The debt remaining
in default, this sale will be made for the purpose
of paying the same and all expenses of
this sale, including attorney's fees.
Said property will be sold as the property
of John T. Humphrey, IV and Bernard L.
Hamby, subject to a prior deed to secure debt
in favor of James O. Rowland dated July 11,
3002, recorded in Deed Book 135, pages 59-
61, aforesaid records, to the outstanding ad
valorem taxes and/or assessments, if any, and
all easements and restrictions of record, if
any, having priority over this Deed to Secure
Debt.
Exhibit "A"
Legal Description, from Security Deed
of Property
Property located at 2533 McCormick
Highway, Lincolnton, Lincoln County,
Georgia 30817, (Tax map 45, Parcel 081)
All that tract or parcel of land, situate,
lying and being in the 184th District G.M.,
Lincoln County, Georgia, being designated as
Lot No. 14, Block B of the Flora B. Teasley
Estate Lands on a subdivision plat of said
land made from a survey by Billy B. Beazley,
P.E., dated August 11, 1970, and recorded in
Plat Book 3, at page 155 of the Lincoln
County records and as more particularly described
on a plat of the herein described 1.05
acres made from a survey by Charles W. Elam,
Ga. R.L.S., No. 968, dated July 15, 1989,
recorded in Plat Book A, at page 222 of the
records in the office of the Clerk of Superior
Court, Lincoln County, Georgia, and which
plats and the recording thereof are incorporated
herein by reference as a part of this
description.
James O. Rowland
As Attorney in Fact for
John T. Humphrey, IV and
Bernard L. Hamby
Britt Hammond
Hammond & Hammond
Attorneys at Law, P.C.
Post Office Box 1137
Thomson, Georgia 30824
2 5 4tp
NOTICE TO THE PUBLIC
A petition for a variance request has been
filed with the City Council requesting that
property located on 145 Lincoln Ave., Lincolnton,
GA 30817 owned by Audrey Tanner
receive a variance of usage due to side set
back to 2' from East property line from 10'
to accommodate metal carport roof. A public
hearing will be held at City Hall on March
2, 2009. All those in favor of or objecting to
this petition should be present to voice their
support or objection.
J. David Griffin, Jr.
Zoning Administrator
City of Lincolnton, GA
2 12 3tp
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