Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in the payment of the indebtedness secured by a Security Deed executed by ROSE A. HERNANDEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 2, 2004, and recorded in Deed Book 34-B, Page 139, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to The Bank of New York Mellon, fka The Bank of New York as Successor in interest to JP Morgan Chase Bank, NA as Trustee for Structured Asset Mortgage Investments II Inc. Bear Stearns ALT-A Trust 2004-6, Mortgage Pass-Through Certificates, Series 2004-6, by Assignment securing a Note in the original principal amount of $101,750.00, 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, October 7, 2008, 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 GMD 245, Jackson County, Georgia, being known and designated as Lot 11, Finch Landing, Phase I, as more particularly described on a plat of survey recorded in Plat Book 62, Page 35 and 36, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Said property is known as 75 Sparrow Lane, Jefferson, GA 30549, 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 Rose A. Hernandez, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Rose A. Hernandez, 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 Bank of New York Mellon, fka The Bank of New York as Successor in interest to JP Morgan Chase Bank, NA as Trustee for Structured Asset Mortgage Investments II Inc. Bear Stearns ALT-A Trust 2004-6, Mortgage Pass-Through Certificates, Series 2004-6 as Attorney-in-Fact for Rose A. Hernandez
File no. 08-005464
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/CC
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(SE10,17,24,OC1B/1323-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 CHARLES H. ADAMS and LINDA D. ADAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 6, 2004, recorded in Deed Book 34-M, Page 182, Jackson County, Georgia Records, as last transferred to Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-6 by assignment recorded in Deed Book 52Z, Page 239, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED THREE THOUSAND SEVEN HUNDRED EIGHTY-THREE AND 48/100 DOLLARS ($203,783.48), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Countrywide Home Loans, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 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 Charles H. Adams and Linda D. Adams or a tenant or tenants and said property is more commonly known as 278 Thornhill Circle, Jefferson, Georgia 30549.
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 New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-6 as Attorney in Fact for Charles H. Adams and Linda D. Adams
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 10/7/08
Our file no. 52380006-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the 245 G.M.D. Jackson County, Georgia, designated as Lot 78, The Preserve at Jefferson, Phase I, as shown on plat and survey recorded in Plat Book 57, at Pages 297-299, Office of the Clerk of Superior Court of Jackson County. Subject to protective covenants for The Preserve at Jefferson, recorded in Deed Book 25-L, at Pages 477-507, Jackson County Records.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 ADRIANE P. LOCKWOOD to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 29, 2007, recorded in Deed Book 48-F, Page 313, Jackson County, Georgia Records, as last transferred to Countrywide Home Loans, Inc by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED FIFTY-FOUR THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($154,900.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Countrywide Home Loans, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 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 Adriane P. Lockwood or a tenant or tenants and said property is more commonly known as 149 Ashebrooke Way, Jefferson, Georgia 30549.
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.
Countrywide Home Loans, Inc as Attorney in Fact for Adriane P. Lockwood
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 10/7/08
Our file no. 51929508-FT7
EXHIBIT A
All that tract or parcel of land lying and being in G.M.D. 245, Jackson County,
Georgia, in The city of Jefferson, being Lot 9, of Ashebrooke Subdivision, as per Plat recorded in Plat Book 62, Page 288-289, in The Office of The Clersk of Superior Court of Jackson County, Georgia records, which Plat is incorporated herein by reference and made a part of this description.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 MATTHEW L. RUSSO and CHERAN BODRY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 2, 2005, recorded in Deed Book 41-T, Page 676, Jackson County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THOUSAND AND 0/100 DOLLARS ($100,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Matthew L. Russo and Cheran Bodry or a tenant or tenants and said property is more commonly known as 2724 Old Kings Bridge Road, Nicholson, Georgia 30565.
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.
Chase Home Finance LLC as Attorney in Fact for Matthew L. Russo and Cheran Bodry
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 10/7/08
Our file no. 51984908-FT7
EXHIBIT A
All that tract or parcel of land, situate, lying and being in the 1704th District, G.M., Jackson County, Georgia, and being more particularly shown and described as Tract 1-A containing 4.119 AC, on a Plat of Survey entitled “Survey for: Tom Beck & Jimmy Barnett”, prepared by Cornerstone Land Surveying, James R. Smith, R.L.S., dated May 12, 1998, and recorded in Plat Book 52, Page 200, Jackson County, Georgia, Public Records, which Plat of survey and the record thereof are hereby incorporated into this description and made a part thereof by reference thereto.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 DAVID R. LAPSKY A/K/A DAVID LAPSKY to WELLS FARGO HOME MORTGAGE, INC., dated May 11, 2001, recorded in Deed Book 23.0, Page 239, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-EIGHT THOUSAND AND 0/100 DOLLARS ($88,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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 David R. Lapsky A/K/A David Lapsky or a tenant or tenants and said property is more commonly known as 163 N Trotters Way, Jefferson, Georgia 30549.
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 sbm Wells Fargo Home Mortgage, Inc as Attorney-in-Fact for David R. Lapsky A/K/A David Lapsky
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 10/7/08
Our file no. 51991608-FT7
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Arcade, Jackson County, Georgia, being Farm #10 in the Trotters Ridge Subdivision, as shown on plat of survey recorded in Plat Book 46, Page 114, Jackson County Records and incorporated herein; being the same property conveyed by deed recorded in Deed Book 18-V, Page 306, said records.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 NATHAN J. HOLLINGSWORTH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 14, 2005, recorded in Deed Book 38-N, Page 269, Jackson County, Georgia Records, as last transferred to Countrywide Home Loans, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of NINETY-FIVE THOUSAND TWO HUNDRED FIVE AND 0/100 DOLLARS ($95,205.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Countrywide Home Loans, 5401 North Beach Street, MS FWTX-35, Fort Worth, TX 76137, 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 Nathan J. Hollingsworth or a tenant or tenants and said property is more commonly known as 4012 Woods Bridge Road, Commerce, Georgia 30529.
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.
Countrywide Home Loans, Inc. as Attorney in Fact for Nathan J. Hollingsworth
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 10/7/08
Our file no. 51810108-FT4
EXHIBIT A
All that tract or parcel of land lying and being in The 257th District, G.M., Jackson County, Georgia, and being that 1.43 acres, more or less, as more particularly shown on a Plat of survey prepared for Lovett Law by Venable & Associates, Inc., registered surveyor, dated November 23, 1994, recorded in Plat Book 45, Page 38, in The Office of The Clerk of The Superior Court of Jackson County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
Also: 20 foot ingress-egress easement from the northwesterly right of way of Woods Bridge Road to the subject property as more particularly shown on Plat of survey referenced herein above.
Also: 1999 Horton Homes Echo Manufactured Home, Serial Number H156829GL&R.
(SE10,17,24,OC1B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 RICHARD PISTACCHIO to SOVEREIGN BANK, dated December 16, 2004, recorded in Deed Book 370, Page 739, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FORTY-SIX THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($246,600.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Sovereign Bank, 601 Penn Street, Mail Code 10-6438-MD4, Reading, PA 19610, 610-378-6293. 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 Richard Pistacchio or a tenant or tenants and said property is more commonly known as 150 River Chase, Hoschton, Georgia 30548.
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.
Sovereign Bank as Attorney in Fact for Richard Pistacchio
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 10/7/08
Our file no. 51802708-FT7
EXHIBIT A
All that tract or parcel of land lying and being in 248 G.M.D., Jackson County, Georgia, being Lot 3, River Plantations Subdivision, as per plat recorded in Plat Book 50, Page 192, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference.
(SE10,17,24,OC1B/12062-50T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 Savorn Long to Wells Fargo Home Mortgage, Inc., dated March 26, 2002, recorded in Deed Book 26-H, Page 189, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FORTY-FIVE THOUSAND AND 0/100 DOLLARS ($45,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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 Savorn Long and Sameth Long or a tenant or tenants and said property is more commonly known as 161 Hightower Trail, Jefferson, Georgia 30549.
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. sbm Wells Fargo Home Mortgage, Inc. as Attorney in Fact for Savorn Long
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 10/7/08
Our file no. 5779107-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 245th District, G.M., Jackson County, Georgia, in the town of Arcada, containing 1.81 acres, more or less, and designated as Lot 3, as shown on that plat of survey of Hightower Forest, Unit 1, by W. T. Dunahoo and Associates, Inc., Surveyors, dated February 12, 1988, and recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 29, Page 59, said plat as recorded, is hereby referenced for a more detailed description to said property. Subject to existing easements and rights of way for public roads and utilities now in use. Also subject to restrictive covenants recorded in Deed Book 10-E, Page 83, Jackson County, Georgia Records.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 Henry Clay Turpin to Mortgage Electronic Registration Systems, Inc., dated March 31, 2006, recorded in Deed Book 5647, Page 604, Jackson County, Georgia Records, as last transferred to Countrywide Home Loans, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-ONE THOUSAND FIVE HUNDRED FIFTY AND 0/100 DOLLARS ($131,550.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Countrywide Home Loans, 5401 North Beach Street, MS FWTX-35, Fort Worth, TX 76137, 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 Henry Clay Turpin or a tenant or tenants and said property is more commonly known as 4325 Windhaven Court, Gillsville, Georgia 30543.
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.
Countrywide Home Loans, Inc. as Attorney in Fact for Henry Clay Turpin
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 10/7/08
Our file no. 51817208-FT4
EXHIBIT A
All that tract or parcel of land lying and being in Tadmore GMD 268 Hall County, Georgia, and in Talmo GMD 1691, Jackson County, Georgia, being Lot 33, Silverlake Subdivision, Phase Two, as per Subdivision Plat recorded in Plat Slide 785, Pages 135A-138A, Hall County, Georgia Records, and in Plat Book 54, Pages 241-245, Jackson County, Georgia Records, which plats are hereby referenced to and made a part of this description.
Subject to any and all easements, rights of way, restrictive covenants and public utilities of record, including but not limited to those Protective Covenants for Silverlake Subdivision recorded in Deed Book 3562, Page 637-646, Jackson County, Georgia Deed Records.
(SE10,17,24,OC1B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 EURICE J. GAITHER to HOMEBANC MORTGAGE CORPORATION, dated June 27, 2002, recorded in Deed Book 26-X, Page 619, Jackson County, Georgia Records, as last transferred to Bank of New York as Trustee on Behalf of the Certificateholders by assignment recorded in Deed Book 50A, Page 473, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of EIGHTY-EIGHT THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($88,500.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Countrywide Home Loans, 5401 North Beach Street, MS FWTX-35, Fort Worth, TX 76137, 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 Eurice J. Gaither or a tenant or tenants and said property is more commonly known as 44 Land Way, Commerce, Georgia 30529.
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 New York as Trustee on Behalf of the Certificateholders as Attorney in Fact for Eurice J. Gaither
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 10/7/08
Our file no. 5981707-FT4
EXHIBIT A
All that tract or parcel of land, lying and being in the City of Commerce, 255th District, G.M., Jackson County, Georgia, designated as Lot 3, Block D, Section 1 of Highland Estates, as shown by plat and survey entitled “Survey for: Section 1 - Highland Estates”, prepared by James M. Paul Engineering & Surveying, certified by James M. Paul, Georgia Registered Land Surveyor, dated November 9, 1972, as recorded in Plat Book 9, Page 56, Jackson County, Georgia Records; which plat and the recording thereof are hereby incorporated herein by reference for a more detailed description of the property.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 WENDY CLARK and LEON M. PITTMAN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 25, 2001, recorded in Deed Book 230, Page 420, Jackson County, Georgia Records, as last transferred to GreenPoint Mortgage Funding, Inc. by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND AND 0/100 DOLLARS ($126,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: GreenPoint Mortgage Funding, Inc., 2300 Brookstone Center Parkway, Columbus, GA 31904, 800-784-5566x5533. 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 Wendy Clark and Leon M. Pittman or a tenant or tenants and said property is more commonly known as 1158 Murphy Road, Pendergrass, Georgia 30567.
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.
GreenPoint Mortgage Funding, Inc. as Attorney in Fact for Wendy Clark and Leon M. Pittman
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ms8 10/7/08
Our file no. 51800908-FT7
EXHIBIT A
All that tract or parcel of land lying and being in the 1691 G.M.D., Jackson County, Georgia, designated as Tract No. 1 containing 0.35 acre and Tract No. 2 containing 3.83 acres, more or less, as shown on plat prepared by W. T. Dunahoo and Associates, Inc., surveyors, dated March 30, 1984, recorded in Plat Book 22, at Page 244, Jackson County, Georgia Records, which plat is incorporated herein by reference and made a part hereof.
(SE10,17,24,OC1B/12062-6OT1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of a Power of Sale contained in that certain Security Deed from SAMMY RAY WALKER, to BRANCH BANKING AND TRUST COMPANY, dated November 14, 2005, in Deed Book 41-M, Page 550, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of NINETEEN THOUSAND THIRTY FIVE DOLLARS AND NO CENTS ($19,035.00), with interest thereon as provided for therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, all property described in said Security Deed including but not limited to the following described property:
All that tract or parcel of land lying and being in the 242nd G.M.D. of Jackson County, Georgia, being designated as Tract No 2”B”, containing 2.352 acres, more or less, as shown on a plat of survey prepared for the estate of Mary Jane Tunlin, prepared by W.T. Dunahoo and Associates, W.T. Dunahoo, Georgia Registered Professional Land Surveyor No. 1577, dated April 20, 2004, as recorded in Plat Book 63, Page 226, in the Office of the Clerk of the Superior Court of Jackson County, Georgia. Together with a 20 foot easement from Lebanon Church Road, said easement known as Lewis Bond Road, as shown on said plat. Said property is conveyed subject to all right of ways and easements for public roads and utilities.
Said property commonly known as 166 Lewis Bond Road, Jefferson, GA 30549.
The indebtedness secured by said Security Deed has been and is hereby declared due because of default under the terms of said Security Deed and Note, including but not limited to the nonpayment of the indebtedness as and when due. The indebtedness remaining in default, this sale will be made for the purpose of paying the same, all expenses of the sale, including attorneys’ fees and all other payments provided for under the terms of the Security Deed and Note.
Said property will be sold subject to the following items which may affect the title to said property: all zoning ordinances; matters which would be disclosed by an accurate survey or by an inspection of the property; any outstanding taxes, including but not limited to ad valorem taxes, which constitute liens upon said property; special assessments; all outstanding bills for public utilities which constitute liens upon said property; all restrictive covenants, easements, rights-of-way and any other matters of record superior to said Security Deed.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is Sammy Ray Walker or tenant(s). The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed, Branch Banking and Trust as Attorney in Fact for Sammy Ray Walker.
Contact: Patrick J. Geheren, Esq.,
1535 Mount Vernon Road,
Atlanta, GA 30338 TEL (678) 587-9500.
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Legal Notice
Notice of Public Foreclosure
Sale of Personal Property
JERETT T. LAWLER and ABBIE G. LAWLER (the “Secured Party”) hereby give notice that they will offer for sale, at a public foreclosure sale to be held on Friday, October 10, 2008, at 10:00 a.m., Atlanta, Georgia, time, at 11 Central Avenue, Commerce, Jackson County, Georgia 30529, certain personal property of Christopher B. Sims and Amy T. Sims (the “Debtor”) in which Secured Party holds a security interest. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Commercial Code, Title 11 of the Official Code of Georgia Annotated (the “Commercial Code”). Secured Party shall offer for sale at the above-referenced time and place the following types and items of property of Debtor (hereinafter collectively referred to as the “Property”):
A 2002 Ford LGT truck, a double convection oven, a proofer/warmer, 3 baker carts with sheet pans, 2 refrigerators, a drink cooler, an ice machine, a tea maker, a Bunn Coffee Pot, an Espresso Machine, a 72” dry display, a 72” refrigerated display, a cash register, 2 stainless steel tables, a sandwich counter, a sandwich grill, 2 baker racks, 10 dining room tables, 40 dining room chairs, a fruit and vegetable sink, 3 compartment sinks, a dishwasher, 2 kitchen racks, silverware cart, 3 stainless steel tables, a wood top table, a stove/oven, a three-door refrigerator, a microwave, a 30-quart mixer, a 7-quart mixer, a scale, pantry shelving, a washer and dryer, hallway shelving, a freezer, a 6’ x 8’ walk-in freezer, a time clock, an office desk and chair, a mop sink, cake decorating supplies and pans, catering equipment, and other miscellaneous kitchen supplies and inventory.
Secured Party does not make any warranties or representations as to the existence, quantity, quality, or nature of any of the foregoing types or items of Property or as to the transferability or assignability of any contracts, licenses, or permits included within the categories and items of the Property.
The property will be sold AS IS, WHERE IS, and with all faults and without any warranties, express or implied, including, but not limited to, warranties of title, merchantability, or fitness for a particular purpose, all of which are disclaimed and shall be subject to all prior liens and claims (excluding any prior liens of record that have been subordinated by contract to the liens of secured party). There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition. The Property may be inspected prior to the public sale by contacting Dustin R. Marlowe, an agent of Secured Party, at 62 Washington Street, Jefferson, Georgia 30549, or (706) 367-5290.
The public sale is a sale pursuant to foreclosure upon Secured Party’s security interest in the Property and will be conducted in accordance with O.C.G.A. §§ 11-1-201(31.1) and 11-9-610. The sale, if made, shall be to the highest and best bidder. All persons attending the sale will be given an opportunity to bid on a competitive basis. Secured Party may offer the Property for sale, and may sell the Property, as a unit or in parcels and by way of one or more contracts. Secured Party may adjourn and recommence the sale in its discretion within the legal hours for a public sale under the Commercial Code. The purchase price shall be paid in cash or certified funds at closing, which will be at the conclusion of all bidding unless otherwise agreed by Secured Party at the time of sale. Secured Party reserves the right, in its discretion, to reject any and all bids and to submit a bid or bids for any or all of the Property. After receipt of bids for the Property in its entirety or a portion thereof, Secured Party in its discretion may solicit, receive, and accept bids for each item of the Property.
Dustin R. Marlowe
Tolbert Bradford, LLC
Attorneys for Secured Party
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
(SE24,OC1B/344-70
[Full Story »]
Entries from September 2008
Jackson County Public Notices 09-24-2008 pt 5
Thursday, September 25. 2008
Jackson County Public Notices 09-24-2008 pt 4
Thursday, September 25. 2008
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of power of sale contained in Commercial Deed to Secure Debt and Security Agreement from MCGILL HOMES, INC. to ATHENS FIRST BANK & TRUST COMPANY, now known AFB&T, a Georgia state bank, dated May 19, 2004, recorded in Deed Book 34-W, Page 144, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, as modified by Modification Agreement dated September 21, 2007 between McGill Homes, Inc. and AFB&T recorded in Deed Book 0050-R, Page 0534 in said Clerk’s Office (hereinafter “Security Deed”) said Security Deed securing a note dated September 21, 2007, in the original principal amount of $288,922.87 with interest from date at the rate specified in the 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 in Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land located in Jackson County, Georgia, more particularly described on Exhibit “A” attached hereto and by reference made a part hereof:
Exhibit “A”
All that tract or parcel of land lying and being in the 248th District, G.M., Jackson County, Georgia, being Lots 50, 51, 52 and 53, POD E, of Traditions of Braselton, Phase I, as shown on a plat of survey recorded in Plat Book 62, page 258, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, which recorded plat is hereby incorporated herein by reference and made a part of this description.
Together with all buildings, structures, and other improvements now or hereafter located on said property, or any part and parcel thereof.
As permitted by the Security Deed, AFB&T, formerly known as Athens First Bank & Trust Company, intends to sell each of the above lots separately and take separate bids for each of said lots.
Reference is made to Certificate of Name Change from Athens First Bank & Trust Company to AFB&T recorded in Deed Book 0052L, page 0149 in said Clerk’s Office. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, nonpayment of the installments on said loan. Said default not being cured, and the debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including any accrued attorney’s fees.
Said property will be sold by AFB&T, formerly known as Athens First Bank & Trust Company, as Attorney in Fact for McGill Homes, Inc., subject to any outstanding ad valorem taxes and/or assessments, and matters of record, if any, having priority over the Security Deed.
To the best of the knowledge and belief of AFB&T, formerly known as Athens First Bank & Trust Company, the person in possession of the property is McGill Homes, Inc. or persons claiming under it.
The name, address and telephone number of the individual or entity who has full authority to negotiate, amend and modify all terms of the Security Deed is Mr. Joe Nemetz, Group Vice President, AFB&T, Mailing address: AFB&T, Attention: Joe Nemetz, Post Office Box 1747, Athens, Georgia 30603; Physical Address: AFB&T, Attention: Joe Nemetz, 150 West Hancock Avenue, Athens, Georgia 30601; Telephone number: (706) 357-7037, provided however, AFB&T is not required to negotiate, amend or modify the terms of the Security Deed.
Said property will be sold and deed executed by the undersigned to the purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and said Security Deed containing said power.
AFB&T, formerly known as ATHENS FIRST BANK & TRUST COMPANY, as Attorney in Fact for McGill Homes, Inc.
DARREL BEGNAUD
BEGNAUD & MARSHALL, LLP
Post Office Box 8085
Athens, Georgia 30603
(706) 316-1150
(SE10,17,24,OC1B/313-4TP)
Notice of Sale
Notice of Sale Under Power
Georgia, Hall 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 JULIUS MASON and LILA D. MASON to FIRST FINANCIAL SERVICES, also known as FIRST FINANCIAL SERVICES OF GAINESVILLE, dated September 30, 2005, and filed for record on October 5, 205 in Deed Book 40-W, Page 649, Jackson County, Georgia Records, as last modified by Modification Agreement dated February 20, 2007 and filed for record on March 2, 2007, in Deed Book 47-R, Page 777, Jackson County, Georgia Deed Records, conveying the after-described property to secure a Note in the original principal amount of NINETEEN THOUSAND SIX HUNDRED THIRTY SIX AND 80/100 DOLLARS ($19,636.80), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: First Financial Services of Gainesville, Post Office Box 1375, Gainesville, Georgia 30503. 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 Julius Mason, Lila D. Mason, or a tenant or tenants and said property is more commonly known as 607 Gordon Street, Jefferson, Georgia 30549. 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.
First Financial Services of Gainesville as Attorney in Fact for Julius Mason and Lila D. Mason
Arturo Corso
Attorney for First Financial Services of Gainesville
Arturo Corso, Attorney at Law
A Professional Corporation
427 GREEN STREET, N.W.
GAINESVILLE, GEORGIA 30501
Telephone: (770) 532-9732
Facsimile: (770) 532-9733
EXHIBIT A
All that tract or parcel of land, lying and being in Jackson County, Georgia, and being more particularly described as follows:
BEGINNING at a rock on Sanders’ corner line of J.T. Quillian (now or formerly); thence north 31 1/2 east 1.64 to a rock near old well on Sanders’ line (now or formerly); thence north 57 1/2 west along property of Black Baptist Church to Homer Street; thence along Homer Street north 27 1/2 west to intersection of Homer Street with paved city street running along side Black Methodist Church property; and thence south 59 3/4 east to the beginning corner. Said real estate being in Commerce, Jackson County, Georgia.
Arturo Corso
Attorney at Law
Corso, Kennedy & Campbell, LLP
427 Green Street, NW
The Adams House
Gainesville, Georgia 30501
Telephone: (770) 532-9732
Facsimile: (770) 532-9733
acorso@corso-kennedy.com
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of a default in the payment of the indebtedness secured by a Security Deed executed by SHERRIE M. BLACKMON to JERRY C. GRAY dated October 28, 2003, and recorded in Deed Book 32-K, Pages 59-61, Jackson County, Georgia Records, in the original amount of FORTY-TWO THOUSAND FIVE HOUNDRED ($42,500) DOLLARS, 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, October 7, 2008, 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 the City of Jefferson, 245th G.M. District, State of Georgia, containing 0.35 acre, more or less, and designated as Lot 11 on that plat of survey dated February 9, 1989, for Hidden Oak by Venable and Associates, Inc., Registered Land Surveyors, as recorded in Plat Book 35, Page 274, in the Office of the Clerk of Superior Court of Jackson County. Said plat, by reference thereto, is hereby incorporated herein for a more detailed description of said property. Subject to existing road and utilities now in use on said property.
Said property is known as 140 Oak Lane, Jefferson, Georgia 30549, 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 Sherrie M. Blackmon, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Sherrie M. Blackmon, 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.
Jerry C. Gray as Attorney-in-Fact for Sherrie M. Blackmon.
Jerry C. Gray, 3635 Hwy. 441 South, Commerce, Georgia 30529
(706) 757-3649
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by GRISELDA D. ROSA to MORTGAGE ELECTRONIC REGISTRATION SERVICES, INC. dated March 24, 2006, in the amount of $249,600.00, and recorded in Deed Book 43-L, Page 252, Jackson 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the 257th District, G.M., Jackson County, Georgia, being 5.17 acres, more or less, as more particularly described as follows: Beginning at a point on the Southerly Right of way of Woods Bridge Road 1.1 mile along the Right of Way from the intersection with GA Hwy. No. 82, Spur; thence N 49 degrees 27 minutes 35 seconds W 174.88 feet along a 20 foot ingress-egress easement to the true point of beginning; thence S 49 degrees 19 minutes 11 seconds E 249.07 feet along ingress-egress easement to an iron pin; thence S 39 degrees 47 minutes 35 seconds W 251.46 feet to an iron pin; thence S 60 degrees 49 minutes 51 seconds W 256.10 feet to an iron pin; thence N 38 degrees 31 minutes 34 seconds W 81.83 feet to an iron pin; thence N. 33 degrees 14 minutes 28 seconds W 221.16 feet to an iron pin; thence N 65 degrees 00 minutes 57 seconds W 112.63 feet to an iron pin; thence N 43 degrees 32 minutes 58 seconds W 205.97 feet to an iron pin; thence N 82 degrees 33 minutes 53 seconds E 673.50 feet to an iron pin and the point of beginning. This being a portion of the property conveyed to Dennis P. Bailey and Vanita B. Bailey by First Family Financial Services of Georgia, Inc. by Warranty Deed recorded at Deed Book 12-M, Page 530, Jackson County, Georgia Records.
which has the property address of 66 Dennis Drive, Commerce, 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 Griselda D. Rosa 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 Griselda D. Rosa
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-17388 /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.
(SE10,17,24,OC1B/1325-70)
Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by DANIEL WILSON to COMMUNITY BANK AND TRUST, dated June 5, 1998, and recorded in Deed Book 17-Z, Pages 258-261, Office of the Clerk of Superior Court of Jackson County, Georgia, securing sums in the original principal amount of $420,000.00; which Deed to Secure to Debt was supplemented by a Supplemental Security Deed and Additional Loan Agreement, dated June 6, 2005, in the original principal amount of $75,000.00, and recorded in Deed Book 39-H, Page 86, Office of the Clerk of Superior Court of Jackson County, Georgia; securing sums now due, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Jackson County, Georgia, by the undersigned, acting as Attorney in Fact for the said DANIEL WILSON, as provided in said Deed To Secure Debt and Supplemental Deed to Secure Debt between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in October, 2008, to-wit: October 7, 2008.
FOR LEGAL DESCRIPTION SEE EXHIBIT “A” ATTACHED HERETO
The debt secured by said Deed To Secure Debt and Supplemental Security Deed, being in default, said powers contained therein will be exercised and the land will be sold as property of DANIEL WILSON, by the undersigned, as Attorney in Fact for the said DANIEL WILSON.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) to final confirmation and audit of the status of the loan with the holder of the security deed; and, (3) said property is subject to an Agricultural Conservation Covenant.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt and Supplemental Security Deed. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said DANIEL WILSON.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor. The individual on behalf of Community Bank and Trust who has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is:
Greg Reicht
P. O. Box 1900
Cornelia, Georgia 30531
1-706-778-2264
To the best knowledge, information, and belief of COMMUNITY BANK AND TRUST the premises are open land.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 26th day of August, 2008.
COMMUNITY BANK AND TRUST
ELTON COLLINS, President As Attorney in Fact for DANIEL WILSON
GREGORY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL ONE
All that tract or parcel of land lying and being in Jackson County, Georgia, G.M.D. 257, being designated as Tract No. 1, containing 176.71 acres, more or less, according to a survey for R.C. Woodman, prepared by W. T. Dunahoo and Associates, Registered Land Surveyor, dated December 18, 1989, revised property line (centerline of Parks Creek) February 26, 1996, revised June 7, 1997. Said plat is recorded in Plat Book 50, Page 75, Jackson County records, and is incorporated herein by reference for a more complete description. This conveyance is subject to all easements and rights of way for roads and utilities now in use along with all easements and restrictions of record.
PARCEL TWO
All that tract or parcel of land lying and being in the 257th G. M. District of Jackson County, Georgia, and being more particularly described as follows:
TO ARRIVE AT THE TRUE POINT OF BEGINNING, commence at the intersection of the southwestern right-of-way line of Apple Valley Road (paved), also known as Pittman Carter Road, C. R. #428, (having an 80-foot right-of-way width) and the centerline of Georgia Highway 82 (having an undisclosed right-of-way width); run thence in a southeasterly direction along the southwestern right-of-way line of said Apple Valley Road a distance of 7,038.12 feet to an iron pin found, which iron pin found is the TRUE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, run thence South 57 degrees 10 minutes 59 seconds East along the right-of-way line of said Apple Valley Road, a distance of 144.74 feet to a point; thence, leaving said right-of-way line of Apple Valley Road, run South 26 degrees 08 minutes 01 second West, a distance of 534.70 feet to an iron pin found; thence North 65 degrees 16 minutes 59 seconds West a distance of 143.80 feet to an iron pin found; thence North 26 degrees 08 minutes 01 second East, a distance of 555.10 feet to an iron pin found located on the Southwestern right-of-way line of Apple Valley Road, said iron pin found being the TRUE POINT OF BEGINNING.
The above-described property contains 1.7983 acres and is more particularly shown on and described according to An Exchange Plat for Daniel Wilson and MG Partnership prepared by Samuel G. Evans, Jr., Georgia Registered Land Surveyor No. 1159, EDI Engineers & Surveyors, Inc., dated May 17, 1990, said survey being incorporated herein and by this reference, made a part of this description.
PARCEL THREE
All that tract or parcel of land lying and being in the 257th GMD, Jackson County, Georgia, being designated as Parcel #C-2 and containing 2.00 acres, more or less, as shown on a plat of survey prepared for Enoch Webb by Michael Stewart Kelly, Georgia Registered Land Surveyor No. 2313, dated March 20, 1990, and recorded in Plat Book 29, Page 255, Jackson County, Georgia, records. Said tract being more particularly described as follows:
To find the Point of Beginning, begin at an iron pin found on the Southwesterly right of way of PIttman Carter Road (80’ right of way) at the northeast corner of Lot #14 and Parcel #1; run thence along said right of way South 59 degrees 47 minutes 35 seconds East a distance of 100.00 feet to a point; continue thence along said right of way South 58 degrees 00 minutes 35 seconds East a distance of 98.50 feet to an iron pin set; continue thence along said right of way South 56 degrees 28 minutes 49 seconds East a distance of 20.41 feet to an iron pin set; continue thence along said right of way South 56 degrees 28 minutes 49 seconds East a distance of 50.32 feet to the POINT OF BEGINNING. Leaving said right of way of Pittman Carter Road, run thence South 27 degrees 03 minutes 08 seconds West a distance of 604.99 feet to an iron pin set at the southwesterly corner of said Parcel #C-2; run thence North 65 degrees 25 minutes 00 seconds West a distance of 341.44 feet to an iron pin found at the southeasterly corner of said Parcel #C-2; run thence North 25 degrees 53 minutes 43 seconds East a distance of 197.27 feet to an iron pin set; run thence North 65 degrees 25 minutes 00 seconds West a distance of 287.40 feet to an iron pin set; run thence North 27 degrees 03 minutes 08 seconds East a distance of 399.69 feet to a point along the southwesterly right of way of Pittman Carter Road (80’ right of way); run thence along said right of way North 56 degrees 28 minutes 49 seconds West a distance of 50.32 feet to the POINT OF BEGINNING.
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by DANIEL WILSON to COMMUNITY BANK AND TRUST, dated September 7, 1999, and recorded in Deed Book 20-D, Pages 445-448, Office of the Clerk of Superior Court of Jackson County, Georgia; securing sums in the original principal amount of $99,000.00; in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Jackson County, Georgia, by the undersigned, acting as Attorney in Fact for the said DANIEL WILSON, as provided in said Deed To Secure Debt and Supplemental Deed to Secure Debt between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in October, 2008, to-wit: October 7, 2008.
All that tract or parcel of land lying and being in the State of Georgia, County of Jackson, and in the 257th GMD, containing 7.00 acres as shown on a plat of survey for Barry and Joyce King, prepared by Timberland Management Services, Inc., Consulting Foresters & Land Surveyors, dated January 22, 1985, recorded in Plat Book 21, Page 204, Jackson County, Georgia Records, which plat is incorporated herein by reference as a part of this description.
The property address is 1628 Apple Valley Road, Commerce, Georgia 30529.
The debt secured by said Deed To Secure Debt being in default, said powers contained therein will be exercised and the land will be sold as property of DANIEL WILSON, by the undersigned, as Attorney in Fact for the said DANIEL WILSON.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said DANIEL WILSON.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor. The individual on behalf of Community Bank and Trust who has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is:
Greg Reicht
P. O. Box 1900
Cornelia, Georgia 30531
1-706-778-2264
To the best knowledge, information, and belief of COMMUNITY BANK AND TRUST the premises are currently occupied by tenants.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 26th day of August, 2008
COMMUNITY BANK AND TRUST
ELTON COLLINS, President As Attorney in Fact for DANIEL WILSON
GREGORY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by MARCEL CALDARAS to INDYMAC BANK, F.S.B. dated January 5, 2006, in the amount of $80,010.00, and recorded in Deed Book 42-F, Page 264, Jackson County, Georgia Records; as last transferred to IndyMac Federal Bank FSB by assignment; the undersigned, IndyMac Federal Bank FSB 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the 248th District, Jackson County, Georgia, being Lot 80, Pod R, of Traditions of Braselton - Phase 2 Subdivision, as per Plat thereof recorded in Plat Book 66, Pages 48-53, in the Office of the Clerk of the Superior Court for Jackson County, Georgia, which recorded Plat is incorporated herein by reference and made a part of this description.
which has the property address of Lot 90 Pod R of Traditions of Braselton, Jefferson, 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 Marcel Caldaras 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.
IndyMac Federal Bank FSB Attorney in Fact for Marcel Caldaras
Anthony DeMarlo, Attorney/jnesbitt
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-18132 /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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BRIAN E. PASTERNIAK to MORTGAGE ELECTRONIC REGISTRATION, SYSTEMS, INC., dated April 4, 2002, in the amount of $123,300.00, and recorded in Deed Book 26-H, Page 446, Jackson County, Georgia Records; as last transferred to Guaranty Bank by assignment; the undersigned, Guaranty Bank 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the 248th District, G.M., Jackson County, Georgia, being Lot 11 of Autumn Ridge Subdivision, as per plat recorded in Plat Book 54, Page 296, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, which recorded plat is incorporated herein by reference and made a part of this description.
which has the property address of 233 Brannon Drive, Hoschton, 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 Brian E. Pasterniak 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.
Guaranty Bank Attorney in Fact for Brian E. Pasterniak
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-18729 /FNMA
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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ROBERT BYERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated March 14, 2005, in the amount of $114,300.00, and recorded in Deed Book 38-C, Page 44, Jackson 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th District, G.M., Jackson County, Georgia, and in the City of Jefferson, containing 0.55 Acres and being more particularly described and delineated by plat prepared by Nat Hancock, surveyor dated November, 1969, and being of record in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 6, Page 65, which said plat and the recording thereof is by reference hereto incorporated herein for a more complete and detailed legal description.
Subject to covenants and/or restrictions of record, if any, easements of record and existing easements and rights of way for public roads and utilities now in use.
which has the property address of 215 Danielsville Street, Jefferson, 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 Byers 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 Byers
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-07869 /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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 PHILIP C. WALDRON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 27, 2007, recorded in Deed Book 48-G, Page 94, Jackson County, Georgia Records, as last transferred to Citibank, N.A., as trustee for the holders of structured asset mortgage investments II trust 2007-AR3, Mortgage pass-through certifies, series 2007-AR3 by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED SIXTY-FOUR THOUSAND AND 0/100 DOLLARS ($264,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Countrywide Home Loans, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 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 Philip C. Waldron or a tenant or tenants and said property is more commonly known as 21 Bradley Springs, Jefferson, Georgia 30549.
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.
Citibank, N.A., as trustee for the holders of structured asset mortgage investments II trust 2007-AR3, Mortgage pass-through certifies, series 2007-AR3 as Attorney in Fact for Philip C. Waldron
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 10/7/08
Our file no. 51272708-FT4
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th G.M.D. District, Jackson County, Georgia, being Lot 15 of Phase One of Wood Farm Subdivision, as per plat thereof recorded in Plat Book 62, Page 148, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 JEFF S. DENARD and JOANNA F. DENARD to WELLS FARGO BANK, NA, dated April 30, 2007, recorded in Deed Book 48-O, Page 199, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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 Jeff S. Denard and Joanna F. Denard or a tenant or tenants and said property is more commonly known as 271 East Fork Lane, Pendergrass, Georgia 30567.
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.
__ as Attorney in Fact for Jeff S. Denard and Joanna F. Denard
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 10/7/08
Our file no. 52083908-FT7
EXHIBIT A
All that tract or parcel of land lying and being in Land Lot 1691 G.M.D., Jackson County, Georgia, being Lot 16, Pond Fork Overlook, as per plat recorded in Plat Book 64, Page 186, Jackson County Records, said plat being incorporated herein by reference thereto.
(SE10,17,24,OC1B/-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 ABEL HERNANDEZ, JR. and ROSE A HERNANDEZ to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 20, 2006, recorded in Deed Book 46-K, Page 302, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-THREE THOUSAND SEVEN HUNDRED NINETY-EIGHT AND 50/100 DOLLARS ($53,798.50), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Abel Hernandez, Jr. and Rose A Hernandez or a tenant or tenants and said property is more commonly known as 75 Sparrow Lane, Jefferson, Georgia 30549.
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.
Wachovia Bank, National Association as Attorney in Fact for Abel Hernandez, Jr. and Rose A Hernandez
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/chl 10/7/08
Our file no. 52018808-FT8
EXHIBIT A
The following real property situate in county of Jackson and state of Georgia, described as follows:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being known and designated as Lot 11, Finch Landing, Phase I, as more particularly described on a plat of survey recorded in Plat Book 62, Page 35 and 36, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Parcel ID: 083D-000-011-000
Property Address: 75 Sparrow Ln
Subject to Security Deed recorded in Deed Book 34B, Page 139, aforesaid records.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 BETTY LOU WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 30, 2006, recorded in Deed Book 46-P, Page 638, Jackson County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($169,900.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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 Betty Lou Williams or a tenant or tenants and said property is more commonly known as 58 Serenity Court, Hoschton, Georgia 30548.
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 Betty Lou Williams
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rc3 10/7/08
Our file no. 5950908-FT5
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1407 Jackson County, Georgia, being Lot 21, Century Oaks Subdivision, as per plat recorded in Plat Book 57, Page 45, Jackson County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
(SE10,17,24,OC1B/12062-50T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 __ to Mortgage Electronic Registration Systems, Inc., dated December 21, 2007, recorded in Deed Book 51-E, Page 242, Jackson County, Georgia Records, as last transferred to Flagstar Bank, F.S.B. by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND THREE HUNDRED AND 0/100 DOLLARS ($128,300.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. 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 Patrick Miller or a tenant or tenants and said property is more commonly known as 63 Indian Springs Dr., Jefferson, Georgia 30549.
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.
Flagstar Bank, F.S.B. as Attorney in Fact for __.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jea 10/7/08
Our file no. 51776408-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 245th GMD of Jackson County, Georgia, being Lot 3, Block A, Jefferson Springs FKA Indian Springs Subdivision, as per plat recorded in Plat Book 60, Pages 65-67, Jackson County Records, said plat being incorporated herein by reference thereto.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 MERRIEHELEN L. MYRVOLD and THOMAS C. MYRVOLD to HOMEBANC MORTGAGE CORPORATION, dated June 20, 2006, recorded in Deed Book 45-U, Page 621, Jackson County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED EIGHTY-FOUR THOUSAND AND 0/100 DOLLARS ($284,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Merriehelen L. Myrvold and Thomas C. Myrvold or a tenant or tenants and said property is more commonly known as 556 Fuller Road, Athens, Georgia 30607.
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.
Chase Home Finance LLC as Attorney in Fact for Merriehelen L. Myrvold and Thomas C. Myrvold
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 10/7/08
Our file no. 52019508-FT7
EXHIBIT A
All that tract or parcel of land lying, together with all improvements thereon, lying and being in The 1747” GMD, Jackson County, Georgia, being designated as Tract 1 containing 9.790 acres more or less and being more particularly described on a Plat of survey entitled “survey for Thomas L. Gordon” by Ray N. Woods, land surveyor dated April 14, 1998, filed April 28, 2000 in Plat Book 56, Page 116, Jackson County Records, said Plat being incorporated herein by reference thereto.
As a point of Information, tract 1 was formerly part of an undivided tract of land containing 16.463 acres more or less (prior to being subdivided into two tracts) lying and being in The 1747th GMD, Jackson County, all as more fully shown on that Plat of survey entitled “survey for Belle Springs Woods, Inc.” by Ray N. Woods, land surveyor, dated April 14, 1996, and recorded in Plat Book 53, Page 132.
(SE10,17,24,OC1B/12062-70T1P)
[Full Story »]
Notice of Sale Under Power
Georgia, Jackson County
By virtue of power of sale contained in Commercial Deed to Secure Debt and Security Agreement from MCGILL HOMES, INC. to ATHENS FIRST BANK & TRUST COMPANY, now known AFB&T, a Georgia state bank, dated May 19, 2004, recorded in Deed Book 34-W, Page 144, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, as modified by Modification Agreement dated September 21, 2007 between McGill Homes, Inc. and AFB&T recorded in Deed Book 0050-R, Page 0534 in said Clerk’s Office (hereinafter “Security Deed”) said Security Deed securing a note dated September 21, 2007, in the original principal amount of $288,922.87 with interest from date at the rate specified in the 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 in Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land located in Jackson County, Georgia, more particularly described on Exhibit “A” attached hereto and by reference made a part hereof:
Exhibit “A”
All that tract or parcel of land lying and being in the 248th District, G.M., Jackson County, Georgia, being Lots 50, 51, 52 and 53, POD E, of Traditions of Braselton, Phase I, as shown on a plat of survey recorded in Plat Book 62, page 258, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, which recorded plat is hereby incorporated herein by reference and made a part of this description.
Together with all buildings, structures, and other improvements now or hereafter located on said property, or any part and parcel thereof.
As permitted by the Security Deed, AFB&T, formerly known as Athens First Bank & Trust Company, intends to sell each of the above lots separately and take separate bids for each of said lots.
Reference is made to Certificate of Name Change from Athens First Bank & Trust Company to AFB&T recorded in Deed Book 0052L, page 0149 in said Clerk’s Office. The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, nonpayment of the installments on said loan. Said default not being cured, and the debt remaining in default, the sale will be made for the purpose of paying the same and all expenses of the sale, including any accrued attorney’s fees.
Said property will be sold by AFB&T, formerly known as Athens First Bank & Trust Company, as Attorney in Fact for McGill Homes, Inc., subject to any outstanding ad valorem taxes and/or assessments, and matters of record, if any, having priority over the Security Deed.
To the best of the knowledge and belief of AFB&T, formerly known as Athens First Bank & Trust Company, the person in possession of the property is McGill Homes, Inc. or persons claiming under it.
The name, address and telephone number of the individual or entity who has full authority to negotiate, amend and modify all terms of the Security Deed is Mr. Joe Nemetz, Group Vice President, AFB&T, Mailing address: AFB&T, Attention: Joe Nemetz, Post Office Box 1747, Athens, Georgia 30603; Physical Address: AFB&T, Attention: Joe Nemetz, 150 West Hancock Avenue, Athens, Georgia 30601; Telephone number: (706) 357-7037, provided however, AFB&T is not required to negotiate, amend or modify the terms of the Security Deed.
Said property will be sold and deed executed by the undersigned to the purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and said Security Deed containing said power.
AFB&T, formerly known as ATHENS FIRST BANK & TRUST COMPANY, as Attorney in Fact for McGill Homes, Inc.
DARREL BEGNAUD
BEGNAUD & MARSHALL, LLP
Post Office Box 8085
Athens, Georgia 30603
(706) 316-1150
(SE10,17,24,OC1B/313-4TP)
Notice of Sale
Notice of Sale Under Power
Georgia, Hall 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 JULIUS MASON and LILA D. MASON to FIRST FINANCIAL SERVICES, also known as FIRST FINANCIAL SERVICES OF GAINESVILLE, dated September 30, 2005, and filed for record on October 5, 205 in Deed Book 40-W, Page 649, Jackson County, Georgia Records, as last modified by Modification Agreement dated February 20, 2007 and filed for record on March 2, 2007, in Deed Book 47-R, Page 777, Jackson County, Georgia Deed Records, conveying the after-described property to secure a Note in the original principal amount of NINETEEN THOUSAND SIX HUNDRED THIRTY SIX AND 80/100 DOLLARS ($19,636.80), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: First Financial Services of Gainesville, Post Office Box 1375, Gainesville, Georgia 30503. 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 Julius Mason, Lila D. Mason, or a tenant or tenants and said property is more commonly known as 607 Gordon Street, Jefferson, Georgia 30549. 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.
First Financial Services of Gainesville as Attorney in Fact for Julius Mason and Lila D. Mason
Arturo Corso
Attorney for First Financial Services of Gainesville
Arturo Corso, Attorney at Law
A Professional Corporation
427 GREEN STREET, N.W.
GAINESVILLE, GEORGIA 30501
Telephone: (770) 532-9732
Facsimile: (770) 532-9733
EXHIBIT A
All that tract or parcel of land, lying and being in Jackson County, Georgia, and being more particularly described as follows:
BEGINNING at a rock on Sanders’ corner line of J.T. Quillian (now or formerly); thence north 31 1/2 east 1.64 to a rock near old well on Sanders’ line (now or formerly); thence north 57 1/2 west along property of Black Baptist Church to Homer Street; thence along Homer Street north 27 1/2 west to intersection of Homer Street with paved city street running along side Black Methodist Church property; and thence south 59 3/4 east to the beginning corner. Said real estate being in Commerce, Jackson County, Georgia.
Arturo Corso
Attorney at Law
Corso, Kennedy & Campbell, LLP
427 Green Street, NW
The Adams House
Gainesville, Georgia 30501
Telephone: (770) 532-9732
Facsimile: (770) 532-9733
acorso@corso-kennedy.com
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of a default in the payment of the indebtedness secured by a Security Deed executed by SHERRIE M. BLACKMON to JERRY C. GRAY dated October 28, 2003, and recorded in Deed Book 32-K, Pages 59-61, Jackson County, Georgia Records, in the original amount of FORTY-TWO THOUSAND FIVE HOUNDRED ($42,500) DOLLARS, 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, October 7, 2008, 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 the City of Jefferson, 245th G.M. District, State of Georgia, containing 0.35 acre, more or less, and designated as Lot 11 on that plat of survey dated February 9, 1989, for Hidden Oak by Venable and Associates, Inc., Registered Land Surveyors, as recorded in Plat Book 35, Page 274, in the Office of the Clerk of Superior Court of Jackson County. Said plat, by reference thereto, is hereby incorporated herein for a more detailed description of said property. Subject to existing road and utilities now in use on said property.
Said property is known as 140 Oak Lane, Jefferson, Georgia 30549, 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 Sherrie M. Blackmon, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Sherrie M. Blackmon, 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.
Jerry C. Gray as Attorney-in-Fact for Sherrie M. Blackmon.
Jerry C. Gray, 3635 Hwy. 441 South, Commerce, Georgia 30529
(706) 757-3649
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by GRISELDA D. ROSA to MORTGAGE ELECTRONIC REGISTRATION SERVICES, INC. dated March 24, 2006, in the amount of $249,600.00, and recorded in Deed Book 43-L, Page 252, Jackson 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the 257th District, G.M., Jackson County, Georgia, being 5.17 acres, more or less, as more particularly described as follows: Beginning at a point on the Southerly Right of way of Woods Bridge Road 1.1 mile along the Right of Way from the intersection with GA Hwy. No. 82, Spur; thence N 49 degrees 27 minutes 35 seconds W 174.88 feet along a 20 foot ingress-egress easement to the true point of beginning; thence S 49 degrees 19 minutes 11 seconds E 249.07 feet along ingress-egress easement to an iron pin; thence S 39 degrees 47 minutes 35 seconds W 251.46 feet to an iron pin; thence S 60 degrees 49 minutes 51 seconds W 256.10 feet to an iron pin; thence N 38 degrees 31 minutes 34 seconds W 81.83 feet to an iron pin; thence N. 33 degrees 14 minutes 28 seconds W 221.16 feet to an iron pin; thence N 65 degrees 00 minutes 57 seconds W 112.63 feet to an iron pin; thence N 43 degrees 32 minutes 58 seconds W 205.97 feet to an iron pin; thence N 82 degrees 33 minutes 53 seconds E 673.50 feet to an iron pin and the point of beginning. This being a portion of the property conveyed to Dennis P. Bailey and Vanita B. Bailey by First Family Financial Services of Georgia, Inc. by Warranty Deed recorded at Deed Book 12-M, Page 530, Jackson County, Georgia Records.
which has the property address of 66 Dennis Drive, Commerce, 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 Griselda D. Rosa 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 Griselda D. Rosa
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-17388 /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.
(SE10,17,24,OC1B/1325-70)
Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by DANIEL WILSON to COMMUNITY BANK AND TRUST, dated June 5, 1998, and recorded in Deed Book 17-Z, Pages 258-261, Office of the Clerk of Superior Court of Jackson County, Georgia, securing sums in the original principal amount of $420,000.00; which Deed to Secure to Debt was supplemented by a Supplemental Security Deed and Additional Loan Agreement, dated June 6, 2005, in the original principal amount of $75,000.00, and recorded in Deed Book 39-H, Page 86, Office of the Clerk of Superior Court of Jackson County, Georgia; securing sums now due, in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Jackson County, Georgia, by the undersigned, acting as Attorney in Fact for the said DANIEL WILSON, as provided in said Deed To Secure Debt and Supplemental Deed to Secure Debt between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in October, 2008, to-wit: October 7, 2008.
FOR LEGAL DESCRIPTION SEE EXHIBIT “A” ATTACHED HERETO
The debt secured by said Deed To Secure Debt and Supplemental Security Deed, being in default, said powers contained therein will be exercised and the land will be sold as property of DANIEL WILSON, by the undersigned, as Attorney in Fact for the said DANIEL WILSON.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) to final confirmation and audit of the status of the loan with the holder of the security deed; and, (3) said property is subject to an Agricultural Conservation Covenant.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt and Supplemental Security Deed. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said DANIEL WILSON.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor. The individual on behalf of Community Bank and Trust who has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is:
Greg Reicht
P. O. Box 1900
Cornelia, Georgia 30531
1-706-778-2264
To the best knowledge, information, and belief of COMMUNITY BANK AND TRUST the premises are open land.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 26th day of August, 2008.
COMMUNITY BANK AND TRUST
ELTON COLLINS, President As Attorney in Fact for DANIEL WILSON
GREGORY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL ONE
All that tract or parcel of land lying and being in Jackson County, Georgia, G.M.D. 257, being designated as Tract No. 1, containing 176.71 acres, more or less, according to a survey for R.C. Woodman, prepared by W. T. Dunahoo and Associates, Registered Land Surveyor, dated December 18, 1989, revised property line (centerline of Parks Creek) February 26, 1996, revised June 7, 1997. Said plat is recorded in Plat Book 50, Page 75, Jackson County records, and is incorporated herein by reference for a more complete description. This conveyance is subject to all easements and rights of way for roads and utilities now in use along with all easements and restrictions of record.
PARCEL TWO
All that tract or parcel of land lying and being in the 257th G. M. District of Jackson County, Georgia, and being more particularly described as follows:
TO ARRIVE AT THE TRUE POINT OF BEGINNING, commence at the intersection of the southwestern right-of-way line of Apple Valley Road (paved), also known as Pittman Carter Road, C. R. #428, (having an 80-foot right-of-way width) and the centerline of Georgia Highway 82 (having an undisclosed right-of-way width); run thence in a southeasterly direction along the southwestern right-of-way line of said Apple Valley Road a distance of 7,038.12 feet to an iron pin found, which iron pin found is the TRUE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, run thence South 57 degrees 10 minutes 59 seconds East along the right-of-way line of said Apple Valley Road, a distance of 144.74 feet to a point; thence, leaving said right-of-way line of Apple Valley Road, run South 26 degrees 08 minutes 01 second West, a distance of 534.70 feet to an iron pin found; thence North 65 degrees 16 minutes 59 seconds West a distance of 143.80 feet to an iron pin found; thence North 26 degrees 08 minutes 01 second East, a distance of 555.10 feet to an iron pin found located on the Southwestern right-of-way line of Apple Valley Road, said iron pin found being the TRUE POINT OF BEGINNING.
The above-described property contains 1.7983 acres and is more particularly shown on and described according to An Exchange Plat for Daniel Wilson and MG Partnership prepared by Samuel G. Evans, Jr., Georgia Registered Land Surveyor No. 1159, EDI Engineers & Surveyors, Inc., dated May 17, 1990, said survey being incorporated herein and by this reference, made a part of this description.
PARCEL THREE
All that tract or parcel of land lying and being in the 257th GMD, Jackson County, Georgia, being designated as Parcel #C-2 and containing 2.00 acres, more or less, as shown on a plat of survey prepared for Enoch Webb by Michael Stewart Kelly, Georgia Registered Land Surveyor No. 2313, dated March 20, 1990, and recorded in Plat Book 29, Page 255, Jackson County, Georgia, records. Said tract being more particularly described as follows:
To find the Point of Beginning, begin at an iron pin found on the Southwesterly right of way of PIttman Carter Road (80’ right of way) at the northeast corner of Lot #14 and Parcel #1; run thence along said right of way South 59 degrees 47 minutes 35 seconds East a distance of 100.00 feet to a point; continue thence along said right of way South 58 degrees 00 minutes 35 seconds East a distance of 98.50 feet to an iron pin set; continue thence along said right of way South 56 degrees 28 minutes 49 seconds East a distance of 20.41 feet to an iron pin set; continue thence along said right of way South 56 degrees 28 minutes 49 seconds East a distance of 50.32 feet to the POINT OF BEGINNING. Leaving said right of way of Pittman Carter Road, run thence South 27 degrees 03 minutes 08 seconds West a distance of 604.99 feet to an iron pin set at the southwesterly corner of said Parcel #C-2; run thence North 65 degrees 25 minutes 00 seconds West a distance of 341.44 feet to an iron pin found at the southeasterly corner of said Parcel #C-2; run thence North 25 degrees 53 minutes 43 seconds East a distance of 197.27 feet to an iron pin set; run thence North 65 degrees 25 minutes 00 seconds West a distance of 287.40 feet to an iron pin set; run thence North 27 degrees 03 minutes 08 seconds East a distance of 399.69 feet to a point along the southwesterly right of way of Pittman Carter Road (80’ right of way); run thence along said right of way North 56 degrees 28 minutes 49 seconds West a distance of 50.32 feet to the POINT OF BEGINNING.
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by DANIEL WILSON to COMMUNITY BANK AND TRUST, dated September 7, 1999, and recorded in Deed Book 20-D, Pages 445-448, Office of the Clerk of Superior Court of Jackson County, Georgia; securing sums in the original principal amount of $99,000.00; in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Jackson County, Georgia, by the undersigned, acting as Attorney in Fact for the said DANIEL WILSON, as provided in said Deed To Secure Debt and Supplemental Deed to Secure Debt between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in October, 2008, to-wit: October 7, 2008.
All that tract or parcel of land lying and being in the State of Georgia, County of Jackson, and in the 257th GMD, containing 7.00 acres as shown on a plat of survey for Barry and Joyce King, prepared by Timberland Management Services, Inc., Consulting Foresters & Land Surveyors, dated January 22, 1985, recorded in Plat Book 21, Page 204, Jackson County, Georgia Records, which plat is incorporated herein by reference as a part of this description.
The property address is 1628 Apple Valley Road, Commerce, Georgia 30529.
The debt secured by said Deed To Secure Debt being in default, said powers contained therein will be exercised and the land will be sold as property of DANIEL WILSON, by the undersigned, as Attorney in Fact for the said DANIEL WILSON.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said DANIEL WILSON.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor. The individual on behalf of Community Bank and Trust who has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is:
Greg Reicht
P. O. Box 1900
Cornelia, Georgia 30531
1-706-778-2264
To the best knowledge, information, and belief of COMMUNITY BANK AND TRUST the premises are currently occupied by tenants.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 26th day of August, 2008
COMMUNITY BANK AND TRUST
ELTON COLLINS, President As Attorney in Fact for DANIEL WILSON
GREGORY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by MARCEL CALDARAS to INDYMAC BANK, F.S.B. dated January 5, 2006, in the amount of $80,010.00, and recorded in Deed Book 42-F, Page 264, Jackson County, Georgia Records; as last transferred to IndyMac Federal Bank FSB by assignment; the undersigned, IndyMac Federal Bank FSB 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the 248th District, Jackson County, Georgia, being Lot 80, Pod R, of Traditions of Braselton - Phase 2 Subdivision, as per Plat thereof recorded in Plat Book 66, Pages 48-53, in the Office of the Clerk of the Superior Court for Jackson County, Georgia, which recorded Plat is incorporated herein by reference and made a part of this description.
which has the property address of Lot 90 Pod R of Traditions of Braselton, Jefferson, 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 Marcel Caldaras 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.
IndyMac Federal Bank FSB Attorney in Fact for Marcel Caldaras
Anthony DeMarlo, Attorney/jnesbitt
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-18132 /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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by BRIAN E. PASTERNIAK to MORTGAGE ELECTRONIC REGISTRATION, SYSTEMS, INC., dated April 4, 2002, in the amount of $123,300.00, and recorded in Deed Book 26-H, Page 446, Jackson County, Georgia Records; as last transferred to Guaranty Bank by assignment; the undersigned, Guaranty Bank 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the 248th District, G.M., Jackson County, Georgia, being Lot 11 of Autumn Ridge Subdivision, as per plat recorded in Plat Book 54, Page 296, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, which recorded plat is incorporated herein by reference and made a part of this description.
which has the property address of 233 Brannon Drive, Hoschton, 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 Brian E. Pasterniak 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.
Guaranty Bank Attorney in Fact for Brian E. Pasterniak
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-18729 /FNMA
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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by ROBERT BYERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated March 14, 2005, in the amount of $114,300.00, and recorded in Deed Book 38-C, Page 44, Jackson 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th District, G.M., Jackson County, Georgia, and in the City of Jefferson, containing 0.55 Acres and being more particularly described and delineated by plat prepared by Nat Hancock, surveyor dated November, 1969, and being of record in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 6, Page 65, which said plat and the recording thereof is by reference hereto incorporated herein for a more complete and detailed legal description.
Subject to covenants and/or restrictions of record, if any, easements of record and existing easements and rights of way for public roads and utilities now in use.
which has the property address of 215 Danielsville Street, Jefferson, 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 Byers 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 Byers
Anthony DeMarlo, Attorney/awilby
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-07869 /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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 PHILIP C. WALDRON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 27, 2007, recorded in Deed Book 48-G, Page 94, Jackson County, Georgia Records, as last transferred to Citibank, N.A., as trustee for the holders of structured asset mortgage investments II trust 2007-AR3, Mortgage pass-through certifies, series 2007-AR3 by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED SIXTY-FOUR THOUSAND AND 0/100 DOLLARS ($264,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Countrywide Home Loans, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 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 Philip C. Waldron or a tenant or tenants and said property is more commonly known as 21 Bradley Springs, Jefferson, Georgia 30549.
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.
Citibank, N.A., as trustee for the holders of structured asset mortgage investments II trust 2007-AR3, Mortgage pass-through certifies, series 2007-AR3 as Attorney in Fact for Philip C. Waldron
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 10/7/08
Our file no. 51272708-FT4
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th G.M.D. District, Jackson County, Georgia, being Lot 15 of Phase One of Wood Farm Subdivision, as per plat thereof recorded in Plat Book 62, Page 148, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 JEFF S. DENARD and JOANNA F. DENARD to WELLS FARGO BANK, NA, dated April 30, 2007, recorded in Deed Book 48-O, Page 199, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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 Jeff S. Denard and Joanna F. Denard or a tenant or tenants and said property is more commonly known as 271 East Fork Lane, Pendergrass, Georgia 30567.
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.
__ as Attorney in Fact for Jeff S. Denard and Joanna F. Denard
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 10/7/08
Our file no. 52083908-FT7
EXHIBIT A
All that tract or parcel of land lying and being in Land Lot 1691 G.M.D., Jackson County, Georgia, being Lot 16, Pond Fork Overlook, as per plat recorded in Plat Book 64, Page 186, Jackson County Records, said plat being incorporated herein by reference thereto.
(SE10,17,24,OC1B/-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 ABEL HERNANDEZ, JR. and ROSE A HERNANDEZ to WACHOVIA BANK, NATIONAL ASSOCIATION, dated October 20, 2006, recorded in Deed Book 46-K, Page 302, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FIFTY-THREE THOUSAND SEVEN HUNDRED NINETY-EIGHT AND 50/100 DOLLARS ($53,798.50), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Wachovia Bank, National Association, 3563 Philips Highway, Building D, Mail Code FLO613, Jacksonville, FL 32207, 800-922-4684. 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 Abel Hernandez, Jr. and Rose A Hernandez or a tenant or tenants and said property is more commonly known as 75 Sparrow Lane, Jefferson, Georgia 30549.
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.
Wachovia Bank, National Association as Attorney in Fact for Abel Hernandez, Jr. and Rose A Hernandez
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/chl 10/7/08
Our file no. 52018808-FT8
EXHIBIT A
The following real property situate in county of Jackson and state of Georgia, described as follows:
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being known and designated as Lot 11, Finch Landing, Phase I, as more particularly described on a plat of survey recorded in Plat Book 62, Page 35 and 36, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Parcel ID: 083D-000-011-000
Property Address: 75 Sparrow Ln
Subject to Security Deed recorded in Deed Book 34B, Page 139, aforesaid records.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 BETTY LOU WILLIAMS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated November 30, 2006, recorded in Deed Book 46-P, Page 638, Jackson County, Georgia Records, as last transferred to Wells Fargo Bank, N.A. by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SIXTY-NINE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($169,900.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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 Betty Lou Williams or a tenant or tenants and said property is more commonly known as 58 Serenity Court, Hoschton, Georgia 30548.
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 Betty Lou Williams
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rc3 10/7/08
Our file no. 5950908-FT5
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1407 Jackson County, Georgia, being Lot 21, Century Oaks Subdivision, as per plat recorded in Plat Book 57, Page 45, Jackson County, Georgia Records, which plat is incorporated herein and by this reference made a part hereof.
(SE10,17,24,OC1B/12062-50T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 __ to Mortgage Electronic Registration Systems, Inc., dated December 21, 2007, recorded in Deed Book 51-E, Page 242, Jackson County, Georgia Records, as last transferred to Flagstar Bank, F.S.B. by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-EIGHT THOUSAND THREE HUNDRED AND 0/100 DOLLARS ($128,300.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Flagstar Bank, F.S.B., 5151 Corporate Drive, Troy, MI 48098, 800-945-7700. 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 Patrick Miller or a tenant or tenants and said property is more commonly known as 63 Indian Springs Dr., Jefferson, Georgia 30549.
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.
Flagstar Bank, F.S.B. as Attorney in Fact for __.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jea 10/7/08
Our file no. 51776408-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 245th GMD of Jackson County, Georgia, being Lot 3, Block A, Jefferson Springs FKA Indian Springs Subdivision, as per plat recorded in Plat Book 60, Pages 65-67, Jackson County Records, said plat being incorporated herein by reference thereto.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 MERRIEHELEN L. MYRVOLD and THOMAS C. MYRVOLD to HOMEBANC MORTGAGE CORPORATION, dated June 20, 2006, recorded in Deed Book 45-U, Page 621, Jackson County, Georgia Records, as last transferred to Chase Home Finance LLC by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED EIGHTY-FOUR THOUSAND AND 0/100 DOLLARS ($284,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Chase Home Finance LLC, 3415 Vision Drive, Columbus, OH 43219, 800-446-8939. 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 Merriehelen L. Myrvold and Thomas C. Myrvold or a tenant or tenants and said property is more commonly known as 556 Fuller Road, Athens, Georgia 30607.
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.
Chase Home Finance LLC as Attorney in Fact for Merriehelen L. Myrvold and Thomas C. Myrvold
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 10/7/08
Our file no. 52019508-FT7
EXHIBIT A
All that tract or parcel of land lying, together with all improvements thereon, lying and being in The 1747” GMD, Jackson County, Georgia, being designated as Tract 1 containing 9.790 acres more or less and being more particularly described on a Plat of survey entitled “survey for Thomas L. Gordon” by Ray N. Woods, land surveyor dated April 14, 1998, filed April 28, 2000 in Plat Book 56, Page 116, Jackson County Records, said Plat being incorporated herein by reference thereto.
As a point of Information, tract 1 was formerly part of an undivided tract of land containing 16.463 acres more or less (prior to being subdivided into two tracts) lying and being in The 1747th GMD, Jackson County, all as more fully shown on that Plat of survey entitled “survey for Belle Springs Woods, Inc.” by Ray N. Woods, land surveyor, dated April 14, 1996, and recorded in Plat Book 53, Page 132.
(SE10,17,24,OC1B/12062-70T1P)
[Full Story »]
Jackson County Public Notices 09-24-2008 pt 3
Thursday, September 25. 2008
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 MARY SMITHERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 12, 2007, recorded in Deed Book 47-G, Page 678, Jackson County, Georgia Records, as last transferred to LaSalle Bank National Association as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-1 by assignment recorded in Deed Book 52-W, Page 456, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($121,500.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, (412) 442-3894. 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 Mary Smithers or a tenant or tenants and said property is more commonly known as 99 B Whitfield Road, Jefferson, Georgia 30549.
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.
LaSalle Bank National Association as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-1 as Attorney in Fact for Mary Smithers
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/as5 10/7/08
Our file no. 51354708-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, designated as Tract 1 containing 1.00 acre, more or less, as shown on plat and survey of W.T. Dunahoo and Associates, surveyors, dated January 7, 1997, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 49, Page 77. Subject to a 20 foot ingress/egress easement along the northerly boundary of said tract 2 shown on said plat. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public road and utilities now in use. Also subject to restrictive covenants recorded in Deed Book 17-T, at Pages 272-273, Jackson County Records.
(SE10,17,24,OC1B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 CAROLE FAYE WHITNEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 6, 2006, recorded in Deed Book 46-V, Page 703, Jackson County, Georgia Records, as last transferred to LaSalle Bank National Association as Trustee for First Franklin Mortgage Loan Trust 2007-FF2, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 by assignment recorded in Deed Book 52-W, Page 487, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-ONE THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($131,750.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, (412) 442-3894. 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 Carole Faye Whitney or a tenant or tenants and said property is more commonly known as 133 Country Cove Drive, Braselton, Georgia 30517.
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.
LaSalle Bank National Association as Trustee for First Franklin Mortgage Loan Trust 2007-FF2, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Carole Faye Whitney
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/as5 10/7/08
Our file no. 51354008-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 1765th GM District, Jackson County, Georgia, being Lot 4, Country Cove Subdivision, as per plat recorded in Plat Book 42, Page 24, Jackson County records, which plat is incorporated herein and a part hereof.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 JONG KIM, MICHAEL SMITH and SOON HAN to BANK OF AMERICA, N.A., dated December 11, 2007, recorded in Deed Book 511, Page 43, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED FIFTY-NINE AND 0/100 DOLLARS ($126,559.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in The 257 G.M.D. , Jackson County, Georgia, and being that 22.21 acres, more or less, designated as Tract 2 on a Plat and survey for Darwin E. Smith and Katherine S. Smith by Dunahoo and Associates, surveyors, dated October 31, 1984, recorded in Plat Book 47, at Page 152, Office of The Clerk of Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the north by Tract 1; on the east by north Oconee River; on The South by Hardman; and on the west by Beatty.
parcel Id: 039-000-024E-000
Property address: 366 Standridge Road.
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).
Bank of America can be contacted at 800-285-6000 or by writing to 4161 Piedmont Parkway, Greensboro, NC 27410-8110, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jong Kim, Michael Smith and Soon Han or a tenant or tenants and said property is more commonly known as 366 Standridge Road, Jefferson, Georgia 30549.
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.
__ as Attorney in Fact for Jong Kim, Michael Smith and Soon Han
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/js2 10/7/08
Our file no. 11583908-FT1
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 Michael D. Smith to Mortgage Electronic Registration Systems, Inc., dated December 22, 2006, recorded in Deed Book 47C, Page 17, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2 Home Equity Pass-Through Certificates, Series 2007-2 by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-EIGHT THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($178,500.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Select Portfolio Servicing, 3815 S West Temple, Salt Lake City, UT 84115, 888-349-8955. 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 Michael D. Smith and Soon Ja Han or a tenant or tenants and said property is more commonly known as 366 Stanridge Road, Jefferson, Georgia 30549.
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.
U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2 Home Equity Pass-Through Certificates, Series 2007-2 as Attorney in Fact for Michael D. Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/as5 10/7/08
Our file no. 51476307-FT1
EXHIBIT A
A certain tract or parcel of land in Jackson County, in the State of Georgia, described as follows:
All that tract or parcel of land lying and being in the 257 G.M.D. Jackson County, Georgia, and being that 22.21 acres, more or less, designated as Tract 2 on a plat and survey for Dwain E. Smith and Katherine S. Smith by Dunahoo and Associates, Surveyor, dated October 31, 1984, recorded in Plat Book 47, at Page 152, Office of the Clerk of Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the north by Tract 1; on the east by North Oconee River; on the south by Hardman; and on the west by Beatty.
The acreage indicated in this legal description is solely for the purpose of identifying said tract and is not to be construed as to insuring the quantity of land.
(SE10,17,24,OC1B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated January 5, 2007, filed on January 12, 2007, in Deed Book 47-D, Page 544, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note from Grantor to Lender in the original principal amount of $64,994.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in the 248th GMD, Jackson County, Georgia, being Lot 48, Pod H, Woods at Traditions, as per Plat recorded in Plat Book 64, Pages 213-219, Jackson County Records, said Plat being incorporated herein by reference thereto; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law:
/John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated March 31, 2006, recorded on April 12, 2006, in Deed Book 43-K, Page 429, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated March 31, 2006 from Grantor to Lender in the original principal amount of $112,000.00, as amended from time to time, in order to, among other things, decrease the original principal amount to $56,000.00 (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots C-82 and C-86, Pod C, Links at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, (the “Plat”), which Plat is hereby incorporated herein by reference; LESS AND EXCEPT all that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot C-86, Pod C, Links at Traditions, Phase 1, as per the Plat, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Deed to Secure Debt”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated June 29, 2006, filed on July 10, 2006, in Deed Book 44-O, Page 421, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), as modified by that certain Modification of Deed to Secure Debt and Security Agreement (the “Modification”), dated March 16, 2007, filed on March 30, 2007, in Deed Book 48-B, Page 482, Jackson County Records (the Deed to Secure Debt, as so modified by the Modification, being hereinafter referred to as the “Security Instrument”), which Security Instrument was given to secure that certain Promissory Note, dated June 29, 2006, from Grantor to Lender in the original principal amount of $420,000.00, as amended from time to time, in order to, among other things, decrease the original principal amount to $125,936.00 (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in the 248th GMD, Jackson County, Georgia, being Lots 44 and 45, Pod C, Links at Traditions, as per Plat recorded in Plat Book 64, Page 215, Jackson County Records, said Plat being incorporated herein by reference thereto; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated March 31, 2006, filed on April 12, 2006, in Deed Book 43-K, Page 406, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated March 31, 2006 from Grantor to Lender in the original principal amount of $122,000.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots H-56 and H-60, Pod H, Woods at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated March 31, 2006, filed on April 12, 2006, in Deed Book 43-K, Page 394, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated March 31, 2006, from Grantor to Lender in the original principal amount of $122,000.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots H-54 and H-58, Pod H, Woods at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
[Full Story »]
Notice of Sale Under Power
Georgia, Jackson 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 MARY SMITHERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated January 12, 2007, recorded in Deed Book 47-G, Page 678, Jackson County, Georgia Records, as last transferred to LaSalle Bank National Association as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-1 by assignment recorded in Deed Book 52-W, Page 456, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($121,500.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, (412) 442-3894. 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 Mary Smithers or a tenant or tenants and said property is more commonly known as 99 B Whitfield Road, Jefferson, Georgia 30549.
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.
LaSalle Bank National Association as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-1 as Attorney in Fact for Mary Smithers
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/as5 10/7/08
Our file no. 51354708-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 245 G.M.D., Jackson County, Georgia, designated as Tract 1 containing 1.00 acre, more or less, as shown on plat and survey of W.T. Dunahoo and Associates, surveyors, dated January 7, 1997, recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 49, Page 77. Subject to a 20 foot ingress/egress easement along the northerly boundary of said tract 2 shown on said plat. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public road and utilities now in use. Also subject to restrictive covenants recorded in Deed Book 17-T, at Pages 272-273, Jackson County Records.
(SE10,17,24,OC1B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 CAROLE FAYE WHITNEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated December 6, 2006, recorded in Deed Book 46-V, Page 703, Jackson County, Georgia Records, as last transferred to LaSalle Bank National Association as Trustee for First Franklin Mortgage Loan Trust 2007-FF2, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 by assignment recorded in Deed Book 52-W, Page 487, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-ONE THOUSAND SEVEN HUNDRED FIFTY AND 0/100 DOLLARS ($131,750.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: National City Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, (412) 442-3894. 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 Carole Faye Whitney or a tenant or tenants and said property is more commonly known as 133 Country Cove Drive, Braselton, Georgia 30517.
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.
LaSalle Bank National Association as Trustee for First Franklin Mortgage Loan Trust 2007-FF2, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 as Attorney in Fact for Carole Faye Whitney
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/as5 10/7/08
Our file no. 51354008-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 1765th GM District, Jackson County, Georgia, being Lot 4, Country Cove Subdivision, as per plat recorded in Plat Book 42, Page 24, Jackson County records, which plat is incorporated herein and a part hereof.
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 JONG KIM, MICHAEL SMITH and SOON HAN to BANK OF AMERICA, N.A., dated December 11, 2007, recorded in Deed Book 511, Page 43, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED FIFTY-NINE AND 0/100 DOLLARS ($126,559.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in The 257 G.M.D. , Jackson County, Georgia, and being that 22.21 acres, more or less, designated as Tract 2 on a Plat and survey for Darwin E. Smith and Katherine S. Smith by Dunahoo and Associates, surveyors, dated October 31, 1984, recorded in Plat Book 47, at Page 152, Office of The Clerk of Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the north by Tract 1; on the east by north Oconee River; on The South by Hardman; and on the west by Beatty.
parcel Id: 039-000-024E-000
Property address: 366 Standridge Road.
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).
Bank of America can be contacted at 800-285-6000 or by writing to 4161 Piedmont Parkway, Greensboro, NC 27410-8110, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jong Kim, Michael Smith and Soon Han or a tenant or tenants and said property is more commonly known as 366 Standridge Road, Jefferson, Georgia 30549.
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.
__ as Attorney in Fact for Jong Kim, Michael Smith and Soon Han
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/js2 10/7/08
Our file no. 11583908-FT1
(SE10,17,24,OC1B/12062-60T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 Michael D. Smith to Mortgage Electronic Registration Systems, Inc., dated December 22, 2006, recorded in Deed Book 47C, Page 17, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2 Home Equity Pass-Through Certificates, Series 2007-2 by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED SEVENTY-EIGHT THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($178,500.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Select Portfolio Servicing, 3815 S West Temple, Salt Lake City, UT 84115, 888-349-8955. 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 Michael D. Smith and Soon Ja Han or a tenant or tenants and said property is more commonly known as 366 Stanridge Road, Jefferson, Georgia 30549.
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.
U.S. Bank National Association, as trustee, on behalf of the holders of the Home Equity Asset Trust 2007-2 Home Equity Pass-Through Certificates, Series 2007-2 as Attorney in Fact for Michael D. Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/as5 10/7/08
Our file no. 51476307-FT1
EXHIBIT A
A certain tract or parcel of land in Jackson County, in the State of Georgia, described as follows:
All that tract or parcel of land lying and being in the 257 G.M.D. Jackson County, Georgia, and being that 22.21 acres, more or less, designated as Tract 2 on a plat and survey for Dwain E. Smith and Katherine S. Smith by Dunahoo and Associates, Surveyor, dated October 31, 1984, recorded in Plat Book 47, at Page 152, Office of the Clerk of Superior Court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description. Said property is bounded on the north by Tract 1; on the east by North Oconee River; on the south by Hardman; and on the west by Beatty.
The acreage indicated in this legal description is solely for the purpose of identifying said tract and is not to be construed as to insuring the quantity of land.
(SE10,17,24,OC1B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated January 5, 2007, filed on January 12, 2007, in Deed Book 47-D, Page 544, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note from Grantor to Lender in the original principal amount of $64,994.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in the 248th GMD, Jackson County, Georgia, being Lot 48, Pod H, Woods at Traditions, as per Plat recorded in Plat Book 64, Pages 213-219, Jackson County Records, said Plat being incorporated herein by reference thereto; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law:
/John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated March 31, 2006, recorded on April 12, 2006, in Deed Book 43-K, Page 429, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated March 31, 2006 from Grantor to Lender in the original principal amount of $112,000.00, as amended from time to time, in order to, among other things, decrease the original principal amount to $56,000.00 (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots C-82 and C-86, Pod C, Links at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, (the “Plat”), which Plat is hereby incorporated herein by reference; LESS AND EXCEPT all that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot C-86, Pod C, Links at Traditions, Phase 1, as per the Plat, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Deed to Secure Debt”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated June 29, 2006, filed on July 10, 2006, in Deed Book 44-O, Page 421, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), as modified by that certain Modification of Deed to Secure Debt and Security Agreement (the “Modification”), dated March 16, 2007, filed on March 30, 2007, in Deed Book 48-B, Page 482, Jackson County Records (the Deed to Secure Debt, as so modified by the Modification, being hereinafter referred to as the “Security Instrument”), which Security Instrument was given to secure that certain Promissory Note, dated June 29, 2006, from Grantor to Lender in the original principal amount of $420,000.00, as amended from time to time, in order to, among other things, decrease the original principal amount to $125,936.00 (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in the 248th GMD, Jackson County, Georgia, being Lots 44 and 45, Pod C, Links at Traditions, as per Plat recorded in Plat Book 64, Page 215, Jackson County Records, said Plat being incorporated herein by reference thereto; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated March 31, 2006, filed on April 12, 2006, in Deed Book 43-K, Page 406, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated March 31, 2006 from Grantor to Lender in the original principal amount of $122,000.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots H-56 and H-60, Pod H, Woods at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement (the “Security Instrument”) executed and delivered by GAREN HOMES, INC. (“Grantor”) to UNITED COMMUNITY BANK (“Lender”), dated March 31, 2006, filed on April 12, 2006, in Deed Book 43-K, Page 394, in the Records of the Office of the Clerk of the Superior Court of Jackson County, Georgia (“Jackson County Records”), which Security Instrument was given to secure that certain Promissory Note dated March 31, 2006, from Grantor to Lender in the original principal amount of $122,000.00, as amended from time to time (the Promissory Note, as so amended, being hereinafter referred to as the “Note”), and the other obligations under the Note, the Security Instrument and the other documents and instruments evidencing, securing or otherwise relating to the indebtedness evidenced and secured thereby, there will be sold by the undersigned at public outcry, to the highest bidder for cash, before the courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, to wit: October 7, 2008, the real and personal property conveyed by the Security Instrument, and described as follows but specifically excluding any and all escrows and/or reserves for taxes, insurance or any other matters, if any (said real and personal property specifically excluding any and all escrows and/or reserves for taxes, insurance or other matters being hereinafter referred to collectively as the “Premises”):
(a) All that certain tract or parcel of land (the “Land”) lying and being in Jackson County, Georgia and being more particularly described as follows:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots H-54 and H-58, Pod H, Woods at Traditions, Phase 1, as per Plat recorded in Plat Book 64, Pages 213 through 219, Jackson County Records, which Plat is hereby incorporated herein by reference; and
(b) All buildings, structures and other improvements of every kind and nature whatsoever then or thereafter situated on the Land; and all machinery, equipment, fixtures, appliances and building, construction, development and landscaping supplies and materials then or thereafter placed on or in the Land; and all of the things addressed in this paragraph (b), whether generally or specifically, shall be deemed to be fixtures and accessions to the freehold and a part of the Land as between the parties thereto and all persons claiming, by, through or under either of them; and
(c) All and singular the easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, waters, water courses, water rights and powers, estates, rights, titles, interests, minerals, royalties, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way then or thereafter belonging, relating or appertaining to the Land or the improvements then or thereafter located thereon, or any part thereof, whether then owned or thereafter acquired by Grantor, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and all right to receive excess payments in any tax sale of the Land and the improvements then or thereafter located thereon, or any part thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same; and
(d) Any and all rents which are then due or may thereafter become due by reason of the renting, leasing and bailment of the Land or the improvements then or thereafter located thereon, or any part thereof; and
(e) Any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (i) the exercise of the right of eminent domain, (ii) the alteration of the grade of any street, or (iii) any other injury to the taking of, or decrease in the value of, the Land or the improvements then or thereafter located thereon.
The entire indebtedness evidenced by the Note and secured by the Security Instrument has been accelerated and is hereby declared to be due and payable in full. Said indebtedness is and remains unpaid and there exist certain defaults and events of default under the Note and Security Instrument. The Note and Security Instrument remaining unpaid and in default, this sale will be made for the purpose of applying the proceeds of such sale in the manner required by the Security Instrument, with the remainder, if any, to be paid as provided by law.
The undersigned may sell that portion of the Premises as may, under the laws of the State of Georgia, constitute an estate or interest in real estate separately from that portion of the Premises as may, under the laws of the State of Georgia, constitute personalty and not an estate or interest in real estate, in which case separate bids will be taken therefor, or collectively in a single sale and lot, in which case a single bid will be taken therefor. Notice of the undersigned’s intent to sell the real estate and personalty separately or in a single lot shall be given by announcement made at the commencement of the public sale.
To the best of the undersigned’s knowledge and belief, the Premises is in the possession of Grantor or other parties claiming by, through or under Grantor. The Premises will be sold as the property of Grantor on an “as is, where is” basis, without recourse and without representation or warranty, express or implied, of any nature whatsoever with respect thereto, with no assurance afforded as to the exact acreage of the land described herein. Further, the Premises will be sold subject to:
1. All outstanding taxes and assessments;
2. Riparian rights, if any, incident to the Premises;
3. Such matters as would be revealed by an accurate survey and inspection of the Premises;
4. All valid zoning ordinances; and
5. All other, if any, easements, limitations, reservations, covenants, restrictions, deeds to secure debt, liens and other encumbrances and matters of public records to which the Security Instrument is junior and subordinate in terms of priority under the laws of the State of Georgia.
The requirement for giving of notice to the Grantor, pursuant to O.C.G.A. §44-14-162.2, of the initiation of these proceedings to exercise the power of sale contained in the Security Instrument is not applicable because none of the Premises conveyed by the Security Instrument was used as a dwelling place by Grantor at the time the Security Instrument was executed and delivered.
UNITED COMMUNITY BANK, as agent and attorney-in-fact for GAREN HOMES, INC.
By: its attorney-at-law: /John W. Mills/
John W. Mills, Esq.
Kilpatrick Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309-4530
404-815-6500
(SE10,17,24,OC1P4)
[Full Story »]
Jackson County Public Notices 09-24-2008 pt 2
Thursday, September 25. 2008
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated April 10, 2006, recorded April 14, 2006, in Deed Book 43-L, Page 239, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated February 14, 2008, recorded in Deed Book 52-L, Page 351, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being known as Lot G-24, POD G, of Fairways at Traditions, as per plat recorded in Plat Book 64, Pages 213 through 219, Jackson County, Georgia Records, which plat is hereby incorporated herein by reference.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00629
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated January 31, 2006, recorded February 6, 2006, in Deed Book 42-M, Page 17, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated February 14, 2008, recorded in Deed Book 52-L, Page 351, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being known as Lot G17, POD G, of Fairways at Traditions, Phase I, as per plat recorded in Plat Book 64, Page 218, Jackson County Records, said plat being incorporated herein by reference and made a part hereof subject to any right of way deeds or other easements of record.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00628
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated April 10, 2006, recorded April 14, 2006, in Deed Book 43-L, Page 227, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated February 14, 2008, recorded in Deed Book 52-L, Page 351, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot C-50 and C-106, POD C, Links at Traditions, as per plat recorded in Plat Book 64, Page 213 through 219, Jackson County, Georgia, which plat is hereby incorporated herein by reference.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00627
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated January 31, 2006, recorded February 6, 2006, in Deed Book 42-L, Page 765, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt dated February 14, 2008, recorded in Deed Book 52-L, Page 351, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot H-65, POD H, Woods at Traditions, Phase I, as per plat recorded in Plat Book 64, Page 213 through 219, Jackson County, Georgia, which plat is hereby incorporated herein by reference.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00626
(SE10,17,24,OC1B/-16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to LANIER COMMUNITY BANK N/K/A UNITED COMMUNITY BANK, dated March 25, 2005, recorded April 6, 2005, in Deed Book 38-I, Page 166, Jackson County, Georgia Records, as amended by Modification of Deed to Secure Debt dated May 7, 2007, recorded May 31, 2007, in Deed Book 48-V, Page 592, Jackson County, Georgia records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC. dated May 7, 2007, in the original principal amount of TWO HUNDRED TWENTY FOUR THOUSAND ONE HUNDRED SEVENTY FIVE AND NO/100 ($224,175.00) DOLLARS, as amended, 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot H-97, POD H, Phase 1 of Woods at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions,” said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
LANIER COMMUNITY BANK N/K/A UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00620
(SE10,17,24,OC1B/16022-50T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated December 9, 2005, recorded December 19, 2005, in Deed Book 41-W, Page 363, Jackson County, Georgia Records, re-recorded July 14, 2006 in Deed Book 44-Q, Page 418, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated November 11, 2007, recorded in Deed Book 50-Z, Page 390, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot C-87, POD C, Phase 1 of Links at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00624
(SE10,17,24,OC1B/16022-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated December 22, 2005, recorded March 22, 2006, in Deed Book 43-C, Page 517, Jackson County, Georgia records, re-recorded May 24, 2006, in Deed Book 43-Y, Page 656, Jackson County, Georgia Records, as amended by amendment to Deed to Secure Debt and Security Agreement dated November 11, 2007, recorded in Deed Book 50-Z, Page 390, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot C-91, POD C, Phase 1 of Links at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00623
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated March 25, 2005, recorded April 6, 2005, in Deed Book 38-I, Page 161, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated November 11, 2007, recorded in Deed Book 50-Z, Page 390, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots C-79, C-81, C-83 and C-85, POD C, Phase 1 of Links at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots H-77, H-79 and H-81, POD H, Phase 1 of Woods at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00625
(SE10,17,24,OC1B-16022-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated December 22, 2005, recorded January 19, 2006, in Deed Book 42-H, Page 99, Jackson County, Georgia Records, re-recorded July 14, 2006, in Deed Book 44-Q, Page 440, Jackson County, Georgia Records, as modified by Modification of Security Deed dated November 11, 2007, recorded in Deed Book 50-Z, Page 390, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC. dated December 22, 2005, 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot H-47, POD H, Phase 1, of Woods at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personality”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00621
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY A. HIGHTOWER & LELA FAYE HIGHTOWER to BRANCH BANKING & TRUST COMPANY as successor to Main Street Bank, dated March 9, 2005, and recorded in Deed Book 38-A, Page 704, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of ONE HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED SIXTY FOUR AND 00/100 DOLLARS ($124,664.00), with interest from said date at the rate stated in said Note on the unpaid balance until paid and a Promissory Note (“Note”) in the original principal sum of ONE HUNDRED FORTY NINE THOUSAND SEVEN HUNDRED THIRTY AND 00/100 DOLLARS ($149,730.00), with interest from said 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 at Jackson County, Georgia, within the legal hours of sale on Tuesday, October 7, 2008, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts 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 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, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Billy A. Hightower & Lela Faye Hightower, or a tenant or tenants, and said property is more commonly known as 540 Old Collins Road, Hoschton, Jackson County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property.
Branch Banking & Trust Company As Successor to Main Street Bank
Attorney in Fact for Billy A. Hightower & Lela Faye Hightower
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land lying and being in the 248th GMD, Jackson County, Georgia, designated as Lot 60, River’s Edge Subdivision, as shown on plat and survey recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 57, Page 74-75, which plat is incorporated herein by reference for a more complete description.
This conveyance is subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(SE10,17,245,OC1P4)
Notice of Sale
Notice of Foreclosure Under Deed
to Secure Debt with Power of Sale
State of Georgia
County of Gwinnett
Because of default in the payment of indebtedness evidenced by Promissory Notes dated January 25, 2008, aggregating the principal sum of $2,036,625.00, (said Notes being renewal Notes renewing original indebtedness dated October 18, 2006, evidenced by Promissory Note dated October 18, 2006, in the amount of $2,036,625.00), said Notes being secured by a Deed to Secure Debt executed by CUSTOM DREAM HOMES, LLC, as Grantor to GWINNETT COMMUNITY BANK, as Grantee, dated October 18, 2006, filed for record October 27, 2006, at 10:11 a.m. and recorded at Deed Book 46-C, Pages 489-494, in the Office of the Clerk of Superior Court of JACKSON County, Georgia, as modified by Modification Agreements of record, and because of said default under the terms of the Promissory Notes dated January 25, 2008, and because of defaults under the loan documents executed by CUSTOM DREAM HOMES, LLC in favor of GWINNETT COMMUNITY BANK and because of said defaults, GWINNETT COMMUNITY BANK on AUGUST 26, 2008, by the exercise of the right of acceleration, has declared the entire unpaid principal balance of said Notes, together with all accrued and unpaid interest due thereon immediately due and payable in full pursuant to the terms of said Notes secured by said Deed to Secure Debt.
GWINNETT COMMUNITY BANK will, pursuant to the power of sale contained in said Deed to Secure Debt, sell at public outcry on the first Tuesday in October, 2008, during the legal hours of sale before the Courthouse door in Jackson County, Georgia to the highest and best bidder for cash the property described in said Deed to Secure Debt, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING in GMD 248 of Jackson County, Georgia and being designated as Lots 11, 13, 14, 15, 16, 27, 28, 29, 30, & 31 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein.
The sale will be held subject to any and all unpaid real property ad valorem taxes or assessments which may be liens against said property and also subject to any and all easements of record predating the date of the Deed to Secure Debt to GWINNETT COMMUNITY BANK referred to hereinabove.
Said sale shall further be made subject to any and all easements, restrictions or covenants of record which predated the date of the Security Deed being foreclosed hereby.
Notice has been given as required by law of the intention to enforce provisions for the collection of attorney’s fees and costs of foreclosure in accordance with legal requirements and the terms of the above Notes and Deed to Secure Debt securing said Notes. Said property will be sold as the property of CUSTOM DREAM HOMES, LLC. The proceeds of said sale will be used to pay the expenses of said sale, to pay the sums secured by said Deed to Secure Debt with the excess, if any, to be paid to such other persons entitled to the same as provided by law.
The property in the Deed to Secure Debt referred to hereinabove is residential real property. Notice of said foreclosure has been given in accordance with Official Code of Georgia Annotated Section 44-14-162.2 as amended, Georgia Laws 1981, Pages 834 and 835, effective July 1, 1981 and the provisions thereof have been complied with.
To the best of the knowledge of the undersigned, the party in possession of the property is CUSTOM DREAM HOMES, LLC.
The undersigned, as Attorney in Fact for CUSTOM DREAM HOMES, LLC will execute a deed to the purchaser at said sale as provided in the aforesaid Deed to Secure Debt.
GWINNETT COMMUNITY BANK, as Attorney in Fact for CUSTOM DREAM HOMES, LLC
By: W. PAUL KESMODEL, JR. as Attorney for GWINNETT COMMUNITY BANK
KESMODEL & MASON
Attorneys at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from W.D. THOMAS HOMES, INC., party of the first part, to PIEDMONT BANK OF GEORGIA, now known as THE PRIVATEBANK (through acquisition and merger), party of the second part, dated September 27, 2005, and recorded in Deed Book 40-U, Page 374-380, Jackson County, Georgia Records (the “Security Deed”), conveying the after-described property to secure a Note (the “Note”) in the principal amount of ONE MILLION FOUR HUNDRED NINETY NINE THOUSAND SIX HUNDRED TWENTY-FIVE ($1,499,625.00) DOLLARS, with interest thereon as set forth therein, and all modifications thereto, the undersigned, pursuant to said Security Deed has declared the entire amount of said indebtedness due and payable because of default in the payment of said indebtedness. Further, pursuant to that Power of Sale, the undersigned will, on the first Tuesday in October, 2008, during the legal hours of sale before the courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder, for cash, the following property (the “Land”) described in said Security Deed, to wit:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots 42, 45, 53, 55 and 56, Pod D, Traditions of Braselton, Phase I, as per Plat recorded in Plat Book 62, Pages 271 and 272, Jackson County, Georgia records, which plat is hereby incorporated herein by reference.
Less and except Lot 53 by virtue of sale.
TOGETHER WITH all buildings, structures and improvements now or hereafter erected upon the Land and any and all of the following items of property which party of the first part has heretofore placed or caused to be placed or hereafter places or causes to be placed in or on the said buildings; gas and electric fixtures, radiators, beaters, furnaces, heating equipment, steam and hot water boilers, hot water heaters, stoves, ranges and ovens, refrigerators, refrigerating plants, air conditioning equipment, elevators, tubs, sinks, water closets and basins, garbage disposal equipment, vacuum cleaning equipment, sprinkler systems, fire alarm systems, carpets, shades, screens, blinds, awnings, and all other furniture, furnishings and equipment placed in and about the said buildings for use therein which are necessary to the completed end comfortable use and occupancy of the said buildings for the purpose for which they were or are to be constructed or erected and together with all renewals or replacements of or articles in substitution for the said enumerated and described items of property. The items of property dealt with in this paragraph shall include but not be limited to those shown on any plans and specifications furnished by the party of the first part to party of the second part in connection with the making of the loan hereby secured. The items of property dealt with in this paragraph not actually attached to the buildings where located shall be deemed to be constructively attached and all items herein dealt with whether actually or constructively attached are agreed to be fixtures constituting a part of the realty above described (all referred to as “Property”).
The above-referenced Property will be sold subject to the following: all, if any, outstanding ad valorem taxes and/or assessments; all, if any, other prior liens, easements, covenants, restrictions, encumbrances, zoning ordinances or other matters of record to which the Security Deed is junior in priority; and all, if any, matters affecting said Property which would be disclosed by an accurate survey and inspection of said Property. Said Property will be sold as the property of W.D. Thomas Homes, Inc., and the proceeds will be applied to the payment of the described indebtedness, the Security Deed and all expenses of this sale. Any remaining proceeds will be applied pursuant to the laws of the State of Georgia.
The above-referenced Property will be sold on an “as is, where is” basis without recourse against party of the second part and without representation or warranty of any kind or nature whatsoever by party of the second part with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by W.D. Thomas Homes, Inc. who is the party in possession or a tenant or tenants, and said Property is more commonly known as Lots 42, 45, 55 and 56, Pod D, Traditions of Braselton, Phase I, Jackson County, Georgia.
The PrivateBank as attorney-in-fact for W.D. Thomas Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C.
One Premier Plaza
5605 Glenridge Drive, Suite 690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of a default in the payment of principal and interest on that certain Universal Note and Security Agreement dated October 6, 2007, in the original principal amount of $232,500.00 (“Note”), said Note being secured in part by a Deed to Secure Debt and Security Agreement executed by COPPER CREEK CONSTRUCTION, LLC to OCONEE STATE BANK dated March 23, 2007, and recorded in Deed Book 48-B, Pages 159-168 in the Office of the Clerk of the Superior Court of Jackson County, Georgia; said default having continued for a period of more than thirty (30) days and not having been made good in accordance with the terms and provisions of said Deed to Secure Debt and Security Agreement, the undersigned, OCONEE STATE BANK pursuant to said Deed to Secure Debt and Security Agreement and the Note secured thereby, has declared the entire amount of the indebtedness secured by said Deed to Secure Debt and Security Agreement due, payable and collectible; and, pursuant to the power of sale contained in said Deed to Secure Debt and Security Agreement, will, on the first Tuesday in October, 2008, within the legal hours of sale before the Courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Deed to Secure Debt and Security Agreement, to-wit:
All that tract or parcel of land lying and being in the 245th District, G.M., Jackson County, Georgia, being Lot 29, of McCain Farms Subdivision, as per plat thereof recorded in Plat Book 68, pages 166-168, in the office of the Clerk of the Superior Court for Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
To the best of the undersigned’s information and belief, the address of the property is:
169 Billie Dean Drive, Jefferson, Jackson County, Georgia 30549
Said property will be sold, a deed executed by the undersigned to purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Deed to Secure Debt and Security Agreement containing said power.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Oconee State Bank, P.O. Box 205, Watkinsville, Georgia 30677, (706) 769-6611. However, the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
Said property is being sold as the property of COPPER CREEK CONSTRUCTION, LLC and subject to all unpaid taxes, assessments and/or matters of record, if any.
This 4th day of September, 2008.
OCONEE STATE BANK as
Attorney-In-Fact for COPPER CREEK CONSTRUCTION, LLC
FORTSON, BENTLEY AND GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(SE10,17,24,OC1B/1034-60P
[Full Story »]
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated April 10, 2006, recorded April 14, 2006, in Deed Book 43-L, Page 239, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated February 14, 2008, recorded in Deed Book 52-L, Page 351, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being known as Lot G-24, POD G, of Fairways at Traditions, as per plat recorded in Plat Book 64, Pages 213 through 219, Jackson County, Georgia Records, which plat is hereby incorporated herein by reference.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00629
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated January 31, 2006, recorded February 6, 2006, in Deed Book 42-M, Page 17, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated February 14, 2008, recorded in Deed Book 52-L, Page 351, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being known as Lot G17, POD G, of Fairways at Traditions, Phase I, as per plat recorded in Plat Book 64, Page 218, Jackson County Records, said plat being incorporated herein by reference and made a part hereof subject to any right of way deeds or other easements of record.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00628
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated April 10, 2006, recorded April 14, 2006, in Deed Book 43-L, Page 227, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated February 14, 2008, recorded in Deed Book 52-L, Page 351, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot C-50 and C-106, POD C, Links at Traditions, as per plat recorded in Plat Book 64, Page 213 through 219, Jackson County, Georgia, which plat is hereby incorporated herein by reference.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00627
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated January 31, 2006, recorded February 6, 2006, in Deed Book 42-L, Page 765, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt dated February 14, 2008, recorded in Deed Book 52-L, Page 351, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lot H-65, POD H, Woods at Traditions, Phase I, as per plat recorded in Plat Book 64, Page 213 through 219, Jackson County, Georgia, which plat is hereby incorporated herein by reference.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00626
(SE10,17,24,OC1B/-16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to LANIER COMMUNITY BANK N/K/A UNITED COMMUNITY BANK, dated March 25, 2005, recorded April 6, 2005, in Deed Book 38-I, Page 166, Jackson County, Georgia Records, as amended by Modification of Deed to Secure Debt dated May 7, 2007, recorded May 31, 2007, in Deed Book 48-V, Page 592, Jackson County, Georgia records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC. dated May 7, 2007, in the original principal amount of TWO HUNDRED TWENTY FOUR THOUSAND ONE HUNDRED SEVENTY FIVE AND NO/100 ($224,175.00) DOLLARS, as amended, 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot H-97, POD H, Phase 1 of Woods at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions,” said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia Records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
LANIER COMMUNITY BANK N/K/A UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00620
(SE10,17,24,OC1B/16022-50T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated December 9, 2005, recorded December 19, 2005, in Deed Book 41-W, Page 363, Jackson County, Georgia Records, re-recorded July 14, 2006 in Deed Book 44-Q, Page 418, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated November 11, 2007, recorded in Deed Book 50-Z, Page 390, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot C-87, POD C, Phase 1 of Links at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00624
(SE10,17,24,OC1B/16022-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated December 22, 2005, recorded March 22, 2006, in Deed Book 43-C, Page 517, Jackson County, Georgia records, re-recorded May 24, 2006, in Deed Book 43-Y, Page 656, Jackson County, Georgia Records, as amended by amendment to Deed to Secure Debt and Security Agreement dated November 11, 2007, recorded in Deed Book 50-Z, Page 390, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot C-91, POD C, Phase 1 of Links at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00623
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated March 25, 2005, recorded April 6, 2005, in Deed Book 38-I, Page 161, Jackson County, Georgia Records, as amended by Amendment to Deed to Secure Debt and Security Agreement dated November 11, 2007, recorded in Deed Book 50-Z, Page 390, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC., 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots C-79, C-81, C-83 and C-85, POD C, Phase 1 of Links at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lots H-77, H-79 and H-81, POD H, Phase 1 of Woods at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005, at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personalty”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK,
as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00625
(SE10,17,24,OC1B-16022-70T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in a Security Deed from BATTLE PROPERTIES, INC. to UNITED COMMUNITY BANK, dated December 22, 2005, recorded January 19, 2006, in Deed Book 42-H, Page 99, Jackson County, Georgia Records, re-recorded July 14, 2006, in Deed Book 44-Q, Page 440, Jackson County, Georgia Records, as modified by Modification of Security Deed dated November 11, 2007, recorded in Deed Book 50-Z, Page 390, Jackson County, Georgia Records, said Security Deed being given to secure a Note from BATTLE PROPERTIES, INC. dated December 22, 2005, 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248 of Jackson County, Georgia, being known and designated as Lot H-47, POD H, Phase 1, of Woods at Traditions as shown on that certain survey entitled “Final Plat for Links at Traditions, Fairways at Traditions and Woods at Traditions”, said plat being filed and recorded on February 24, 2005 at Plat Book 64, Pages 213 through 219, inclusive, Jackson County, Georgia records, reference to said plat of survey and the record thereof being hereby made for a more complete legal description.
Including the following: (i) all sums of Grantor on deposit with Grantee from time to time (the “Deposits”); (ii) if the Land is to be subdivided into lots, all income received from the sale of such lots (the “Lot Sales Income”); (iii) all fixtures and personal property included (whether generally or specifically) in the definition of “Premises” set forth hereinabove and now or hereafter acquired by Grantor, and all replacements, substitutions and additions thereto (the “Fixtures and Personality”); (iv) all plans, specifications, drawings, surveys, contracts (including contracts with general contractors and architects) and subcontracts related to the improvement and development of the Premises (the “Improvement Documents”); and (v) all proceeds (including cash proceeds and proceeds of proceeds) of all of the foregoing (all such Deposits, Lot Sales Income, Fixtures and Personalty, Improvement Documents and proceeds are collectively referred to herein as the “Collateral”).
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 BATTLE PROPERTIES, INC. or a tenant or tenants.
UNITED COMMUNITY BANK, as attorney in Fact for BATTLE PROPERTIES, INC.
L. Lou Allen
Stites & Harbison, PLLC
11 Mountain Street, Suite 8
Blue Ridge, Georgia 30513
(706) 632-7923
File No. 7484A-00621
(SE10,17,24,OC1B/16022-60T1P)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale contained in that certain Deed to Secure Debt from BILLY A. HIGHTOWER & LELA FAYE HIGHTOWER to BRANCH BANKING & TRUST COMPANY as successor to Main Street Bank, dated March 9, 2005, and recorded in Deed Book 38-A, Page 704, Jackson County, Georgia Records (hereinafter referred to as “Deed to Secure Debt”), said Deed to Secure Debt securing a Promissory Note (“Note”) in the original principal sum of ONE HUNDRED TWENTY FOUR THOUSAND SIX HUNDRED SIXTY FOUR AND 00/100 DOLLARS ($124,664.00), with interest from said date at the rate stated in said Note on the unpaid balance until paid and a Promissory Note (“Note”) in the original principal sum of ONE HUNDRED FORTY NINE THOUSAND SEVEN HUNDRED THIRTY AND 00/100 DOLLARS ($149,730.00), with interest from said 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 at Jackson County, Georgia, within the legal hours of sale on Tuesday, October 7, 2008, the property described on Exhibit “A” attached hereto and incorporated herein by reference. The debts secured by said Deed to Secure Debt have been and are hereby declared due and payable because of, among other possible events of default, failure to make payments on said Note. The debts 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 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, easements, covenants, and matters of record superior to the Deed to Secure Debt first set out above, including, but not necessarily limited to, senior encumbrances that will not be extinguished by the foreclosure sale contemplated by this Notice.
To the best knowledge and belief of the undersigned, the Party in possession of the property is Billy A. Hightower & Lela Faye Hightower, or a tenant or tenants, and said property is more commonly known as 540 Old Collins Road, Hoschton, Jackson County, Georgia. However, please rely only on the legal description contained in this notice for the location of the property.
Branch Banking & Trust Company As Successor to Main Street Bank
Attorney in Fact for Billy A. Hightower & Lela Faye Hightower
Martin G. Quirk, Esq.
Quirk & Quirk, LLC
6000 Lake Forrest Drive
Suite 325
Atlanta, Georgia 30328
(404) 252-1425
EXHIBIT “A”
All that tract or parcel of land lying and being in the 248th GMD, Jackson County, Georgia, designated as Lot 60, River’s Edge Subdivision, as shown on plat and survey recorded in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 57, Page 74-75, which plat is incorporated herein by reference for a more complete description.
This conveyance is subject to all zoning ordinances, easements and restrictions of record affecting said bargained premises.
(SE10,17,245,OC1P4)
Notice of Sale
Notice of Foreclosure Under Deed
to Secure Debt with Power of Sale
State of Georgia
County of Gwinnett
Because of default in the payment of indebtedness evidenced by Promissory Notes dated January 25, 2008, aggregating the principal sum of $2,036,625.00, (said Notes being renewal Notes renewing original indebtedness dated October 18, 2006, evidenced by Promissory Note dated October 18, 2006, in the amount of $2,036,625.00), said Notes being secured by a Deed to Secure Debt executed by CUSTOM DREAM HOMES, LLC, as Grantor to GWINNETT COMMUNITY BANK, as Grantee, dated October 18, 2006, filed for record October 27, 2006, at 10:11 a.m. and recorded at Deed Book 46-C, Pages 489-494, in the Office of the Clerk of Superior Court of JACKSON County, Georgia, as modified by Modification Agreements of record, and because of said default under the terms of the Promissory Notes dated January 25, 2008, and because of defaults under the loan documents executed by CUSTOM DREAM HOMES, LLC in favor of GWINNETT COMMUNITY BANK and because of said defaults, GWINNETT COMMUNITY BANK on AUGUST 26, 2008, by the exercise of the right of acceleration, has declared the entire unpaid principal balance of said Notes, together with all accrued and unpaid interest due thereon immediately due and payable in full pursuant to the terms of said Notes secured by said Deed to Secure Debt.
GWINNETT COMMUNITY BANK will, pursuant to the power of sale contained in said Deed to Secure Debt, sell at public outcry on the first Tuesday in October, 2008, during the legal hours of sale before the Courthouse door in Jackson County, Georgia to the highest and best bidder for cash the property described in said Deed to Secure Debt, to-wit:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING in GMD 248 of Jackson County, Georgia and being designated as Lots 11, 13, 14, 15, 16, 27, 28, 29, 30, & 31 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein.
The sale will be held subject to any and all unpaid real property ad valorem taxes or assessments which may be liens against said property and also subject to any and all easements of record predating the date of the Deed to Secure Debt to GWINNETT COMMUNITY BANK referred to hereinabove.
Said sale shall further be made subject to any and all easements, restrictions or covenants of record which predated the date of the Security Deed being foreclosed hereby.
Notice has been given as required by law of the intention to enforce provisions for the collection of attorney’s fees and costs of foreclosure in accordance with legal requirements and the terms of the above Notes and Deed to Secure Debt securing said Notes. Said property will be sold as the property of CUSTOM DREAM HOMES, LLC. The proceeds of said sale will be used to pay the expenses of said sale, to pay the sums secured by said Deed to Secure Debt with the excess, if any, to be paid to such other persons entitled to the same as provided by law.
The property in the Deed to Secure Debt referred to hereinabove is residential real property. Notice of said foreclosure has been given in accordance with Official Code of Georgia Annotated Section 44-14-162.2 as amended, Georgia Laws 1981, Pages 834 and 835, effective July 1, 1981 and the provisions thereof have been complied with.
To the best of the knowledge of the undersigned, the party in possession of the property is CUSTOM DREAM HOMES, LLC.
The undersigned, as Attorney in Fact for CUSTOM DREAM HOMES, LLC will execute a deed to the purchaser at said sale as provided in the aforesaid Deed to Secure Debt.
GWINNETT COMMUNITY BANK, as Attorney in Fact for CUSTOM DREAM HOMES, LLC
By: W. PAUL KESMODEL, JR. as Attorney for GWINNETT COMMUNITY BANK
KESMODEL & MASON
Attorneys at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the Power of Sale contained in that certain Deed to Secure Debt and Security Agreement from W.D. THOMAS HOMES, INC., party of the first part, to PIEDMONT BANK OF GEORGIA, now known as THE PRIVATEBANK (through acquisition and merger), party of the second part, dated September 27, 2005, and recorded in Deed Book 40-U, Page 374-380, Jackson County, Georgia Records (the “Security Deed”), conveying the after-described property to secure a Note (the “Note”) in the principal amount of ONE MILLION FOUR HUNDRED NINETY NINE THOUSAND SIX HUNDRED TWENTY-FIVE ($1,499,625.00) DOLLARS, with interest thereon as set forth therein, and all modifications thereto, the undersigned, pursuant to said Security Deed has declared the entire amount of said indebtedness due and payable because of default in the payment of said indebtedness. Further, pursuant to that Power of Sale, the undersigned will, on the first Tuesday in October, 2008, during the legal hours of sale before the courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder, for cash, the following property (the “Land”) described in said Security Deed, to wit:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, being Lots 42, 45, 53, 55 and 56, Pod D, Traditions of Braselton, Phase I, as per Plat recorded in Plat Book 62, Pages 271 and 272, Jackson County, Georgia records, which plat is hereby incorporated herein by reference.
Less and except Lot 53 by virtue of sale.
TOGETHER WITH all buildings, structures and improvements now or hereafter erected upon the Land and any and all of the following items of property which party of the first part has heretofore placed or caused to be placed or hereafter places or causes to be placed in or on the said buildings; gas and electric fixtures, radiators, beaters, furnaces, heating equipment, steam and hot water boilers, hot water heaters, stoves, ranges and ovens, refrigerators, refrigerating plants, air conditioning equipment, elevators, tubs, sinks, water closets and basins, garbage disposal equipment, vacuum cleaning equipment, sprinkler systems, fire alarm systems, carpets, shades, screens, blinds, awnings, and all other furniture, furnishings and equipment placed in and about the said buildings for use therein which are necessary to the completed end comfortable use and occupancy of the said buildings for the purpose for which they were or are to be constructed or erected and together with all renewals or replacements of or articles in substitution for the said enumerated and described items of property. The items of property dealt with in this paragraph shall include but not be limited to those shown on any plans and specifications furnished by the party of the first part to party of the second part in connection with the making of the loan hereby secured. The items of property dealt with in this paragraph not actually attached to the buildings where located shall be deemed to be constructively attached and all items herein dealt with whether actually or constructively attached are agreed to be fixtures constituting a part of the realty above described (all referred to as “Property”).
The above-referenced Property will be sold subject to the following: all, if any, outstanding ad valorem taxes and/or assessments; all, if any, other prior liens, easements, covenants, restrictions, encumbrances, zoning ordinances or other matters of record to which the Security Deed is junior in priority; and all, if any, matters affecting said Property which would be disclosed by an accurate survey and inspection of said Property. Said Property will be sold as the property of W.D. Thomas Homes, Inc., and the proceeds will be applied to the payment of the described indebtedness, the Security Deed and all expenses of this sale. Any remaining proceeds will be applied pursuant to the laws of the State of Georgia.
The above-referenced Property will be sold on an “as is, where is” basis without recourse against party of the second part and without representation or warranty of any kind or nature whatsoever by party of the second part with respect thereto.
To the best of the undersigned’s knowledge and belief, the Property is presently owned by W.D. Thomas Homes, Inc. who is the party in possession or a tenant or tenants, and said Property is more commonly known as Lots 42, 45, 55 and 56, Pod D, Traditions of Braselton, Phase I, Jackson County, Georgia.
The PrivateBank as attorney-in-fact for W.D. Thomas Homes, Inc.
Mark L. Golder, Esq.
Lynn L. Carroll, Esq.
SIEGEL & GOLDER, P.C.
One Premier Plaza
5605 Glenridge Drive, Suite 690
Atlanta, Georgia 30342
(404) 252-3000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of a default in the payment of principal and interest on that certain Universal Note and Security Agreement dated October 6, 2007, in the original principal amount of $232,500.00 (“Note”), said Note being secured in part by a Deed to Secure Debt and Security Agreement executed by COPPER CREEK CONSTRUCTION, LLC to OCONEE STATE BANK dated March 23, 2007, and recorded in Deed Book 48-B, Pages 159-168 in the Office of the Clerk of the Superior Court of Jackson County, Georgia; said default having continued for a period of more than thirty (30) days and not having been made good in accordance with the terms and provisions of said Deed to Secure Debt and Security Agreement, the undersigned, OCONEE STATE BANK pursuant to said Deed to Secure Debt and Security Agreement and the Note secured thereby, has declared the entire amount of the indebtedness secured by said Deed to Secure Debt and Security Agreement due, payable and collectible; and, pursuant to the power of sale contained in said Deed to Secure Debt and Security Agreement, will, on the first Tuesday in October, 2008, within the legal hours of sale before the Courthouse door in Jackson County, Georgia, sell at public outcry to the highest bidder for cash, the property described in said Deed to Secure Debt and Security Agreement, to-wit:
All that tract or parcel of land lying and being in the 245th District, G.M., Jackson County, Georgia, being Lot 29, of McCain Farms Subdivision, as per plat thereof recorded in Plat Book 68, pages 166-168, in the office of the Clerk of the Superior Court for Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
To the best of the undersigned’s information and belief, the address of the property is:
169 Billie Dean Drive, Jefferson, Jackson County, Georgia 30549
Said property will be sold, a deed executed by the undersigned to purchaser and the proceeds of sale applied by the undersigned, all as provided in said power of sale and the Deed to Secure Debt and Security Agreement containing said power.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; (2) O.C.G.A. Section 9-13-172.1; and (3) final confirmation and audit of the status of the loan with the holder of the security deed.
Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Oconee State Bank, P.O. Box 205, Watkinsville, Georgia 30677, (706) 769-6611. However, the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
Said property is being sold as the property of COPPER CREEK CONSTRUCTION, LLC and subject to all unpaid taxes, assessments and/or matters of record, if any.
This 4th day of September, 2008.
OCONEE STATE BANK as
Attorney-In-Fact for COPPER CREEK CONSTRUCTION, LLC
FORTSON, BENTLEY AND GRIFFIN, P.A.
2500 Daniell’s Bridge Road
Building 200, Suite 3A
Athens, Georgia 30606
(SE10,17,24,OC1B/1034-60P
[Full Story »]
Jackson County Public Notices 09-24-2008 pt 1
Thursday, September 25. 2008
Notice of Sale
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JOSE RAMON CRUZ BARRABI to HOMEBANC MORTGAGE CORPORATION in the original principal amount of $175,500.00 dated 11/30/2005, and recorded in Deed Book 41-R, Page 402, Jackson County Records, said Security Deed being last transferred and assigned to EMC Mortgage Corporation, 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 October, 2008, by EMC Mortgage Corporation, as Attorney-in-Fact for Jose Ramon Cruz Barrabi the following described property:
All that tract or parcel of land lying and being in GMD 245 and 248, Jackson County, Georgia, being Lot 15, Block A, Kendall Creek Estates, as per subdivision plat recorded in Plat Book 64, Page 260, Jackson County, Georgia Records, which plat is hereby referred to and made part of this description
Property known as: 80 Katie Spring Lane, Jefferson, GA 30549.
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; and (6) 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:
EMC Mortgage Corporation
2780 Lake Vista Drive
Lewisville, TX 75067
PHONE: 800-723-3004
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 Jose Ramon Cruz Barrabi.
EMC Mortgage Corporation, as Attorney-in-fact for Jose Ramon Cruz Barrabi.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
(SE10,17,24,OC1B/224-50)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated December 2, 2005, executed by CHUCK RIGDON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 42-B, Page 505, Jackson County, Georgia Deed Records, and securing a Note in the original principal amount of $308,000.00, Mortgage Electronic Registration Systems, Inc., 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 October, 2008, to-wit: October 7, 2008, during the legal hours of sale, before the Jackson 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 248th G.M.D. Jackson County, Georgia and being Lot 7, which contains 5 acres more or less and the Northern one half of Lot 6 containing 2.5 acres, more or less as shown on plat and survey by Venable & Associates, Surveyors, dated December 17, 1985, recorded in Plat Book 24, Page 137, Jackson County, Georgia Records, revised December 18, 1985 and recorded in Plat Book 28, Page 221, Jackson County, Georgia Records, said plat being incorporated herein and made a part of this description by reference.
The aforedescribed real property is also known as 335 Skelton Road, Hoschton, Georgia, according to the present system of numbering houses in Jackson 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 CHUCK RIGDON 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.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for CHUCK RIGDON
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street
Suite 1001
Savannah, Georgia 31401
(912) 233-9700
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.
(SE10,17,24,OC1B/1328-60T4P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by AVERY LYDELL MUHAMMAD to NEW CENTURY MORTGAGE CORPORATION dated November 29, 2004, in the amount of $140,000.00, and recorded in Deed Book 364, Page 4, Jackson County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage Loan Trust, Series 2005-NC1 Asset Backed Pass-Through Certificates by assignment; the undersigned, Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage Loan Trust, Series 2005-NC1 Asset Backed Pass-Through Certificates 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 G.M. District 248, Jackson County, Georgia, designated as Lot 97, Stone Creek Subdivision, Phase 2, as shown on plat and survey recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 46, at Page 210. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use, and also subject to protective covenants recorded in Deed Book 15-X, at Page 734, Jackson County Records.
which has the property address of 801 Stone View Drive, Hoschton, 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 Avery Lydell Muhammad 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.
Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage Loan Trust, Series 2005-NC1 Asset Backed Pass-Through Certificates, Attorney in Fact for Avery Lydell Muhammad
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19478 /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.
(OC10,17,24,OC1B/1325-60)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JOHNNY GLENN to AMERICAN EQUITY MORTGAGE, INC. dated December 29, 2005, in the amount of $148,000.00, and recorded in Deed Book 42-D, Page 36, Jackson County, Georgia Records; as last transferred to HSBC Bank USA, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates by assignment; the undersigned, HSBC Bank USA, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the 1765th District, Jackson County, Georgia, being Lot 24 of Evanwood Subdivision and being more particularly described in the plat recorded in Plat Book 57, Page 171, Jackson County, Georgia Records.
which has the property address of 174 Lauren Marie Drive, Braselton, 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 Johnny Glenn 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.
HSBC Bank USA, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates Attorney in Fact for Johnny Glenn
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19491 /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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JENNIFER MARIE BAGLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 24, 2005, in the amount of $70,400.00, and recorded in Deed Book 39-U, Page 626, Jackson 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the City of Commerce, 255 G.M.D., Jackson County, Georgia, being Lot 53, according to survey of T.C. Harman Estate, prepared by Nat Hancock, Surveyor, dated June 1961 and recorded in Plat Book 3, Page 387, Jackson County, Georgia Records, which plat and the record thereof are incorporated herein by reference thereto.
which has the property address of 74 Ash Street, Commerce, 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 Jennifer Marie Bagley 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 Jennifer Marie Bagley
Anthony DeMarlo, Attorney/jnesbitt
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19286 /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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
Re: Lender: HomEq Servicing agent for Deutsche Bank National Trust Company as Trustee under the Pooling and servicing Agreement dated as of March 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR1 Mortgage Pass-Through Certificates Series 2007-BR1 as assignee of Mortgage Electronic Registration Systems, Inc., nominee for New Century Mortgage Corporation (hereafter “Lender”)
(Account No.: 0326056215)
Borrower: MARDIEL T. ESCOBAR-CABRERA
Promissory Note in favor of Lender (by assignment):
Dated: November 6, 2006 - Original Amount: $214,400.00
Deed to Secure Debt in favor of Lender (by assignment) dated: November 6, 2006
Encumbered Property: 72 Van Eepoel Court, Pendergrass, Georgia recorded in Deed Book 46-K, Page 670, Jackson Co., GA Records
Foreclosure Date: Tuesday, October 7, 2008 being the first Tuesday in said calendar month.
Place of Foreclosure: Before the courthouse doors in Jackson Co., GA
Under and pursuant to the Power of Sale contained in the above described Deed to Secure Debt (hereinafter the “Security Deed”) executed by the above referenced Borrower (hereinafter the “Grantor”) to and in favor of the above referenced Lender (hereinafter referred to as the “Grantee”), and in accordance with that certain Consent Order In Re: State of Georgia v. All that tract or parcel of land known as 72 Van Eepoel Court, Pendergrass, Georgia 30567, with all improvements thereon, Jackson County Superior Court, Civil Action File No. B07CV0523, and the undersigned will sell at public outcry to the highest bidder for cash at the Place of Foreclosure during the legal hours of sale on the Foreclosure Date, the following described real property (hereinafter referred to as the “Encumbered Property”):
All that tract or parcel of land lying and being in GMD 1691 & 428, Jackson County, Georgia, being Lot 2, Block B, Habersham Oaks Subdivision, as per Subdivision Plat recorded in Plat Book 66, Pages 253-256, Jackson County, Georgia Records, which plat is hereby referred to and made a part of this description.
To the best knowledge and belief of the undersigned, the Encumbered Property is presently in the possession of the Grantor (or Grantor’s successors), said Encumbered Property having been forfeited to the State of Georgia In Re: State of Georgia, Plaintiff v. All that tract or parcel of land known as 72 Van Eepoel Court, Pendergrass, Georgia 30567, with all improvements thereon, Defendants, in Rem, Jackson County Superior Court, State of Georgia, Civil Action File No. X07CV0523. The foreclosure sale referenced herein is being conducted pursuant to the Consent Order referenced above.
By reason of default under the above referenced Promissory Note and Security Deed securing same, and in accordance with the provisions of the Security Deed, the undersigned has declared the entire indebtedness with interest accrued thereon immediately due and payable, and the sale will be made for the purpose of paying same; said Encumbered Property will be sold to the highest bidder for cash, the proceeds to be applied to the lawful expenses of the sale and attorneys’ fees, and then to the payment of the then outstanding indebtedness with interest, all as provided in the Security Deed. Any balance will be distributed as provided by law. The sale will be subject to all unpaid ad valorem taxes or assessments (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, and any liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record which are superior in title to the Security Deed.
HomEq Servicing agent for Deutsche Bank National Trust Company as Trustee under the Pooling and servicing Agreement dated as of March 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR1 Mortgage Pass-Through Certificates Series 2007-BR1, Attorney-in-Fact for Mardiel T. Escobar-Cabrera
John R. Grimes, Attorney for Grantee above named
LEFKOFF, DUNCAN, GRIMES, MILLER & MCSWAIN, P.C.
Eleven Piedmont Center, Suite 806
Atlanta, GA 30305
(404) 262-2000
This law firm is attempting to collect a debt and any information obtained will be used for such purpose.
(SE10/17/24/OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security Deed by J.B. DREW COMPANY, INC. (Grantor) to FREEDOM BANK OF GEORGIA (Grantee), dated October 25, 2006, recorded in Deed Book 46-I, Pages 789-804, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED SEVENTY EIGHT THOUSAND, NINE HUNDRED TWENTY EIGHT AND 50/100 DOLLARS ($278,928.50) (as modified and renewed, including, but not limited to, that certain loan renewal dated January 25, 2008, in the principal amount of $277,250) 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land situate, lying and being in the 242nd G.M.D., Jackson County, Georgia, being known and designated as Lot 27 of Cardinal Lake Subdivision as shown on a plat entitled “Final plat for: Cardinal Lake”, dated February 24, 2006, by Ringo Abernathey & Associates, said plat being recorded at Plat Book 68, Pages 142-145 in the Office of the Clerk of the Superior Court of Jackson County, Georgia and being incorporated herein by reference for a more particular description.
The indebtedness secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, Borrowers failure to pay the debt as and when due and in the manner provided in the Note. 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 as provided by law).
Said property will be sold for cash or certified funds and 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is J.B. Drew Company, Inc. or a tenant or tenants and said property is more commonly known as Lot 27 of Cardinal Creek Subdivision, Jefferson, Georgia, 30549.
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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
FREEDOM BANK OF GEORGIA
Paul D. Lancaster
Lancaster & McKillip, P.C.
648 South Milledge Ave.
Athens, GA 30605
(706)613-1900
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security Deed by J.B. DREW COMPANY, INC. (Grantor) to FREEDOM BANK OF GEORGIA (Grantee), dated October 25, 2006, recorded in Deed Book 46-J, Pages 2-17, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND, NINE HUNDRED THIRTY-THREE AND 00/100 DOLLARS ($134,933.00) 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land situate, lying and being in the 242nd G.M.D., Jackson County, Georgia, being known and designated as Lots 6, 18, and 19 of Cardinal Lake Subdivision as shown on a plat entitled “Final plat for: Cardinal Lake”, dated February 24, 2006 by Ringo Abernathey & Associates, said plat being recorded at Plat Book 68, pages 142-145 in the Office of the Clerk of the Superior Court of Jackson County, Georgia and being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, Borrowers failure to pay the debt as and when due and in the manner provided in the Note. 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is J.B. Drew Company, Inc. or a tenant or tenants and said property is more commonly known as Lots 6, 18, and 19 of Cardinal Lake Subdivision, Jefferson, Georgia 30549.
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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
FREEDOM BANK OF GEORGIA
Paul D. Lancaster
Lancaster & McKillip, P.C.
648 South Milledge Ave.
Athens, GA 30605
(706)613-1900
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Notice of Sale
Advertisement of Sale under Power
of Sale in Deed to Secure Debt
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (the “Security Deed”) from CB Limited, LLC to NORTHEAST GEORGIA BANK, dated August 8, 2007, recorded August 11, 2007, in Deed Book 45-B, Pages 278-282, as modified on August 17, 2007, and recorded in Deed Book 49-Y, Pages 592-593, records of Jackson County, Georgia; the Security Deed secures Note dated August 17, 2007, in the original principal amount of $392,703.24, plus interest; there will be sold by the under-signed at public outcry to the highest and best bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the 245th and 248th G.M.D., Jackson County, Georgia, and being that 3.00 acres, more or less, as more particularly shown on a plat of survey prepared for Daryl Holder by Chris M. Patton, Registered Surveyor, dated March 18, 2002, recorded in Plat Book 65, Page 126, in the office of the clerk of superior court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
All that tract or parcel of land lying and being in G.M.D. 245 and 248, Jackson County, Georgia, and being that 5.190 acres as shown on a survey for C.B. Limited by Venable & Associates, Inc., Daniel W. Venable, G.R.L.S. No. 2897, dated June 29, 2006, and recorded at Plat Book 68, Page 93, Jackson County Records, which recorded plat is incorporated herein by reference for a more complete legal description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of 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 CB Limited, LLC, and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by CB Limited, LLC.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the debtor is Northeast Georgia Bank 12461 Augusta Road, Lavonia, Georgia 30553, Phone Number 706-356-4444.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NORTHEAST GEORGIA BANK
By: __
As Attorney-in-fact for: CB Limited, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(SE10,17,24,OC1P4)
Notice of Sale
Advertisement of Sale Under Power
of Sale in Deed to Secure Debt
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (the “Security Deed”) from JEFF STREETMAN CONSTRUCTION, LLC to NORTHEAST GEORGIA BANK, dated November 8, 2004, and recorded on November 10, 2004, recorded in Deed Book 36-R, Pages 232-236, as last modified on December 28, 2007, recorded January 8, 2008, in Deed Book 51-E, Page 444, records of Jackson County, Georgia; the Security Deed secures Note dated December 28, 2007, in the original principal amount of $152,149.00, plus interest; there will be sold by the under-signed at public outcry to the highest and best bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the 245th District G.M., State of Georgia, County of Jackson, being Lot 54, Finch Landing, Phase II and being more particularly described and delineated according to a plat and survey prepared by Venable & Associates, Inc., certified by Allen L. Venable, Jr., GRLS No. 1761, dated February 14, 2004 and revised April 1, 2004, entitled “Final Plan for Finch Landing, Phase II,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 62, Pages 241-242; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of 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 Jeff Streetman Construction, LLC, and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jeff Streetman Construction, LLC.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the debtor is Northeast Georgia Bank 12461 Augusta Road, Lavonia, Georgia 30553, Phone Number 706-356-4444.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NORTHEAST GEORGIA BANK
By: __
As Attorney-in-fact for: Jeff Streetman Construction, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 ELIZABETH T. MUNDY and PAUL W. MUNDY to CHASE MANHATTAN MORTGAGE CORPORATION, dated December 16, 2004, recorded in Deed Book 37-H, Page 93, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FORTY-SEVEN THOUSAND AND 0/100 DOLLARS ($247,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that certain Lot, tract or parcel of land lying and being in Porter G.M.D Jackson County, Georgia and Being Lot 32, Liberty Crest North Subdivision, as per Plat thereof recorded in Plat Book 50, Page 240, Jackson County, Georgia records, which Plat is incorporated herein and made a part hereof by reference.
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).
Chase Manhattan Mortgage Corporation can be contacted at 877-838-1882x52195 or by writing to 10790 Rancho Bernardo Road, San Diego, CA 92127, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Elizabeth T. Mundy and Paul W. Mundy or a tenant or tenants and said property is more commonly known as 212 Venture Ct., Braselton, Georgia 30517.
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.
Chase Home Finance, LLC sbm to Chase Manhattan Mortgage Corporation as Attorney in Fact for Elizabeth T. Mundy and Paul W. Mundy
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/lr3 10/7/08
Our file no. 11591808-FT3
(SE10,17,24,OC1B/12062-50T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 KENNETH B. LANGFORD to REGIONS MORTGAGE, INC., dated May 19, 2003, recorded in Deed Book 30-F, Page 736, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND AND 0/100 DOLLARS ($68,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Regions Mortgage, 1900 Charles Bryan Road AX2, Cordova, TN 38018, 800-986-2462. 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 Kenneth B. Langford or a tenant or tenants and said property is more commonly known as 1509 Thyatira Brockton Rd., Jefferson, Georgia 30549.
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.
Regions Bank sbm Regions Mortgage, Inc as Attorney in Fact for Kenneth B. Langford
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/chl 10/7/08
Our file no. 5981608-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 257th District, G.M., Jackson County, Georgia, and being that 0.625 acres, more or less, as more particularly shown on a plat of survey prepared for George A. Dillow, Jr. and Vicki Dillow by Barry D. Lord, registered surveyor, dated October 9, 2002, recorded in Plat Book 61, Page 15, in the Office of the Clerk of the Superior Court of Jackson County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
(SE10,17,24,OC1B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 JIM P. ARDUINO and SHARON M. ARDUINO to CHASE MANHATTAN MORTGAGE CORPORATION, dated December 27, 2002, recorded in Deed Book 28-T, Page 403, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($77,500.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in the City of Nicholson, 253 G.M. District of Jackson County, Georgia consisting Lot 43, Block A, of the Ivy Plantation Subdivision according to a plat of survey entitled “Final plan for Ivy Plantation:, prepared by W.T. Dunahoo and Associates, Georgia Registered Land Surveyor, dated October 18, 1999, and recorded at plat book 54, page 228, Jackson County, Georgia Records, reference is made to said plat survey for a more complete description of property.
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).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jim P. Arduino and Sharon M. Arduino or a tenant or tenants and said property is more commonly known as 193 Pine Ridge Place, Nicholson, Georgia 30565.
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.
Chase Home Finance, LLC sbm to Chase Manhattan Mortgage Corporation as Attorney in Fact for Jim P. Arduino and Sharon M. Arduino
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/lr3 10/7/08
Our file no. 11490508-FT3
(SE10,17,24,OC1B/12062-60T1P)
[Full Story »]
Notice of Sale Under Power in Deed to Secure Debt
State of Georgia, County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt from JOSE RAMON CRUZ BARRABI to HOMEBANC MORTGAGE CORPORATION in the original principal amount of $175,500.00 dated 11/30/2005, and recorded in Deed Book 41-R, Page 402, Jackson County Records, said Security Deed being last transferred and assigned to EMC Mortgage Corporation, 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 October, 2008, by EMC Mortgage Corporation, as Attorney-in-Fact for Jose Ramon Cruz Barrabi the following described property:
All that tract or parcel of land lying and being in GMD 245 and 248, Jackson County, Georgia, being Lot 15, Block A, Kendall Creek Estates, as per subdivision plat recorded in Plat Book 64, Page 260, Jackson County, Georgia Records, which plat is hereby referred to and made part of this description
Property known as: 80 Katie Spring Lane, Jefferson, GA 30549.
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; and (6) 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:
EMC Mortgage Corporation
2780 Lake Vista Drive
Lewisville, TX 75067
PHONE: 800-723-3004
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 Jose Ramon Cruz Barrabi.
EMC Mortgage Corporation, as Attorney-in-fact for Jose Ramon Cruz Barrabi.
This law firm is acting as a debt collector attempting to collect a debt, any information obtained will be used for that purpose.
Pendergast & Jones, P.C.
South Terraces, Suite 1000
115 Perimeter Center Place
Atlanta, GA 30346
770-392-0303
(SE10,17,24,OC1B/224-50)
Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated December 2, 2005, executed by CHUCK RIGDON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 42-B, Page 505, Jackson County, Georgia Deed Records, and securing a Note in the original principal amount of $308,000.00, Mortgage Electronic Registration Systems, Inc., 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 October, 2008, to-wit: October 7, 2008, during the legal hours of sale, before the Jackson 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 248th G.M.D. Jackson County, Georgia and being Lot 7, which contains 5 acres more or less and the Northern one half of Lot 6 containing 2.5 acres, more or less as shown on plat and survey by Venable & Associates, Surveyors, dated December 17, 1985, recorded in Plat Book 24, Page 137, Jackson County, Georgia Records, revised December 18, 1985 and recorded in Plat Book 28, Page 221, Jackson County, Georgia Records, said plat being incorporated herein and made a part of this description by reference.
The aforedescribed real property is also known as 335 Skelton Road, Hoschton, Georgia, according to the present system of numbering houses in Jackson 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 CHUCK RIGDON 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.
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Attorney-in-Fact for CHUCK RIGDON
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street
Suite 1001
Savannah, Georgia 31401
(912) 233-9700
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.
(SE10,17,24,OC1B/1328-60T4P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by AVERY LYDELL MUHAMMAD to NEW CENTURY MORTGAGE CORPORATION dated November 29, 2004, in the amount of $140,000.00, and recorded in Deed Book 364, Page 4, Jackson County, Georgia Records; as last transferred to Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage Loan Trust, Series 2005-NC1 Asset Backed Pass-Through Certificates by assignment; the undersigned, Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage Loan Trust, Series 2005-NC1 Asset Backed Pass-Through Certificates 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 G.M. District 248, Jackson County, Georgia, designated as Lot 97, Stone Creek Subdivision, Phase 2, as shown on plat and survey recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 46, at Page 210. For a more detailed description to said tract, reference is hereby made to said plat as recorded. Subject to existing easements and rights of way for public roads and utilities now in use, and also subject to protective covenants recorded in Deed Book 15-X, at Page 734, Jackson County Records.
which has the property address of 801 Stone View Drive, Hoschton, 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 Avery Lydell Muhammad 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.
Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage Loan Trust, Series 2005-NC1 Asset Backed Pass-Through Certificates, Attorney in Fact for Avery Lydell Muhammad
Anthony DeMarlo, Attorney/kgrant
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19478 /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.
(OC10,17,24,OC1B/1325-60)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JOHNNY GLENN to AMERICAN EQUITY MORTGAGE, INC. dated December 29, 2005, in the amount of $148,000.00, and recorded in Deed Book 42-D, Page 36, Jackson County, Georgia Records; as last transferred to HSBC Bank USA, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates by assignment; the undersigned, HSBC Bank USA, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the 1765th District, Jackson County, Georgia, being Lot 24 of Evanwood Subdivision and being more particularly described in the plat recorded in Plat Book 57, Page 171, Jackson County, Georgia Records.
which has the property address of 174 Lauren Marie Drive, Braselton, 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 Johnny Glenn 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.
HSBC Bank USA, National Association as Trustee for ACE Securities Corp. Home Equity Loan Trust, Series 2006-OP1 Asset Backed Pass-Through Certificates Attorney in Fact for Johnny Glenn
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19491 /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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JENNIFER MARIE BAGLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 24, 2005, in the amount of $70,400.00, and recorded in Deed Book 39-U, Page 626, Jackson 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 October, 2008, during the legal hours of sale, at the Courthouse door in Jackson 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 the City of Commerce, 255 G.M.D., Jackson County, Georgia, being Lot 53, according to survey of T.C. Harman Estate, prepared by Nat Hancock, Surveyor, dated June 1961 and recorded in Plat Book 3, Page 387, Jackson County, Georgia Records, which plat and the record thereof are incorporated herein by reference thereto.
which has the property address of 74 Ash Street, Commerce, 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 Jennifer Marie Bagley 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 Jennifer Marie Bagley
Anthony DeMarlo, Attorney/jnesbitt
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-19286 /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.
(SE10,17,24,OC1B/1325-50)
Notice of Sale
Notice of Sale Under Power
in Deed to Secure Debt
Re: Lender: HomEq Servicing agent for Deutsche Bank National Trust Company as Trustee under the Pooling and servicing Agreement dated as of March 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR1 Mortgage Pass-Through Certificates Series 2007-BR1 as assignee of Mortgage Electronic Registration Systems, Inc., nominee for New Century Mortgage Corporation (hereafter “Lender”)
(Account No.: 0326056215)
Borrower: MARDIEL T. ESCOBAR-CABRERA
Promissory Note in favor of Lender (by assignment):
Dated: November 6, 2006 - Original Amount: $214,400.00
Deed to Secure Debt in favor of Lender (by assignment) dated: November 6, 2006
Encumbered Property: 72 Van Eepoel Court, Pendergrass, Georgia recorded in Deed Book 46-K, Page 670, Jackson Co., GA Records
Foreclosure Date: Tuesday, October 7, 2008 being the first Tuesday in said calendar month.
Place of Foreclosure: Before the courthouse doors in Jackson Co., GA
Under and pursuant to the Power of Sale contained in the above described Deed to Secure Debt (hereinafter the “Security Deed”) executed by the above referenced Borrower (hereinafter the “Grantor”) to and in favor of the above referenced Lender (hereinafter referred to as the “Grantee”), and in accordance with that certain Consent Order In Re: State of Georgia v. All that tract or parcel of land known as 72 Van Eepoel Court, Pendergrass, Georgia 30567, with all improvements thereon, Jackson County Superior Court, Civil Action File No. B07CV0523, and the undersigned will sell at public outcry to the highest bidder for cash at the Place of Foreclosure during the legal hours of sale on the Foreclosure Date, the following described real property (hereinafter referred to as the “Encumbered Property”):
All that tract or parcel of land lying and being in GMD 1691 & 428, Jackson County, Georgia, being Lot 2, Block B, Habersham Oaks Subdivision, as per Subdivision Plat recorded in Plat Book 66, Pages 253-256, Jackson County, Georgia Records, which plat is hereby referred to and made a part of this description.
To the best knowledge and belief of the undersigned, the Encumbered Property is presently in the possession of the Grantor (or Grantor’s successors), said Encumbered Property having been forfeited to the State of Georgia In Re: State of Georgia, Plaintiff v. All that tract or parcel of land known as 72 Van Eepoel Court, Pendergrass, Georgia 30567, with all improvements thereon, Defendants, in Rem, Jackson County Superior Court, State of Georgia, Civil Action File No. X07CV0523. The foreclosure sale referenced herein is being conducted pursuant to the Consent Order referenced above.
By reason of default under the above referenced Promissory Note and Security Deed securing same, and in accordance with the provisions of the Security Deed, the undersigned has declared the entire indebtedness with interest accrued thereon immediately due and payable, and the sale will be made for the purpose of paying same; said Encumbered Property will be sold to the highest bidder for cash, the proceeds to be applied to the lawful expenses of the sale and attorneys’ fees, and then to the payment of the then outstanding indebtedness with interest, all as provided in the Security Deed. Any balance will be distributed as provided by law. The sale will be subject to all unpaid ad valorem taxes or assessments (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, and any liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record which are superior in title to the Security Deed.
HomEq Servicing agent for Deutsche Bank National Trust Company as Trustee under the Pooling and servicing Agreement dated as of March 1, 2007 Securitized Asset Backed Receivables LLC Trust 2007-BR1 Mortgage Pass-Through Certificates Series 2007-BR1, Attorney-in-Fact for Mardiel T. Escobar-Cabrera
John R. Grimes, Attorney for Grantee above named
LEFKOFF, DUNCAN, GRIMES, MILLER & MCSWAIN, P.C.
Eleven Piedmont Center, Suite 806
Atlanta, GA 30305
(404) 262-2000
This law firm is attempting to collect a debt and any information obtained will be used for such purpose.
(SE10/17/24/OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security Deed by J.B. DREW COMPANY, INC. (Grantor) to FREEDOM BANK OF GEORGIA (Grantee), dated October 25, 2006, recorded in Deed Book 46-I, Pages 789-804, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED SEVENTY EIGHT THOUSAND, NINE HUNDRED TWENTY EIGHT AND 50/100 DOLLARS ($278,928.50) (as modified and renewed, including, but not limited to, that certain loan renewal dated January 25, 2008, in the principal amount of $277,250) 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land situate, lying and being in the 242nd G.M.D., Jackson County, Georgia, being known and designated as Lot 27 of Cardinal Lake Subdivision as shown on a plat entitled “Final plat for: Cardinal Lake”, dated February 24, 2006, by Ringo Abernathey & Associates, said plat being recorded at Plat Book 68, Pages 142-145 in the Office of the Clerk of the Superior Court of Jackson County, Georgia and being incorporated herein by reference for a more particular description.
The indebtedness secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, Borrowers failure to pay the debt as and when due and in the manner provided in the Note. 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 as provided by law).
Said property will be sold for cash or certified funds and 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is J.B. Drew Company, Inc. or a tenant or tenants and said property is more commonly known as Lot 27 of Cardinal Creek Subdivision, Jefferson, Georgia, 30549.
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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
FREEDOM BANK OF GEORGIA
Paul D. Lancaster
Lancaster & McKillip, P.C.
648 South Milledge Ave.
Athens, GA 30605
(706)613-1900
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security Deed by J.B. DREW COMPANY, INC. (Grantor) to FREEDOM BANK OF GEORGIA (Grantee), dated October 25, 2006, recorded in Deed Book 46-J, Pages 2-17, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND, NINE HUNDRED THIRTY-THREE AND 00/100 DOLLARS ($134,933.00) 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land situate, lying and being in the 242nd G.M.D., Jackson County, Georgia, being known and designated as Lots 6, 18, and 19 of Cardinal Lake Subdivision as shown on a plat entitled “Final plat for: Cardinal Lake”, dated February 24, 2006 by Ringo Abernathey & Associates, said plat being recorded at Plat Book 68, pages 142-145 in the Office of the Clerk of the Superior Court of Jackson County, Georgia and being incorporated herein by reference for a more particular description.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, Borrowers failure to pay the debt as and when due and in the manner provided in the Note. 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.
To the best knowledge and belief of the undersigned, the party in possession of the property is J.B. Drew Company, Inc. or a tenant or tenants and said property is more commonly known as Lots 6, 18, and 19 of Cardinal Lake Subdivision, Jefferson, Georgia 30549.
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, including but not limited to a determination that the loan was not reinstated prior to the foreclosure sale.
Grantee reserves the right to sell the property in one parcel or as an entirety, or in such parcels as Grantee may elect, as permitted in the Security Deed.
FREEDOM BANK OF GEORGIA
Paul D. Lancaster
Lancaster & McKillip, P.C.
648 South Milledge Ave.
Athens, GA 30605
(706)613-1900
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(SE10,17,24,OC1P4)
Notice of Sale
Advertisement of Sale under Power
of Sale in Deed to Secure Debt
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (the “Security Deed”) from CB Limited, LLC to NORTHEAST GEORGIA BANK, dated August 8, 2007, recorded August 11, 2007, in Deed Book 45-B, Pages 278-282, as modified on August 17, 2007, and recorded in Deed Book 49-Y, Pages 592-593, records of Jackson County, Georgia; the Security Deed secures Note dated August 17, 2007, in the original principal amount of $392,703.24, plus interest; there will be sold by the under-signed at public outcry to the highest and best bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the 245th and 248th G.M.D., Jackson County, Georgia, and being that 3.00 acres, more or less, as more particularly shown on a plat of survey prepared for Daryl Holder by Chris M. Patton, Registered Surveyor, dated March 18, 2002, recorded in Plat Book 65, Page 126, in the office of the clerk of superior court of Jackson County, Georgia, and incorporated herein and made a part hereof by reference for a more detailed description.
All that tract or parcel of land lying and being in G.M.D. 245 and 248, Jackson County, Georgia, and being that 5.190 acres as shown on a survey for C.B. Limited by Venable & Associates, Inc., Daniel W. Venable, G.R.L.S. No. 2897, dated June 29, 2006, and recorded at Plat Book 68, Page 93, Jackson County Records, which recorded plat is incorporated herein by reference for a more complete legal description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of 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 CB Limited, LLC, and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by CB Limited, LLC.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the debtor is Northeast Georgia Bank 12461 Augusta Road, Lavonia, Georgia 30553, Phone Number 706-356-4444.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NORTHEAST GEORGIA BANK
By: __
As Attorney-in-fact for: CB Limited, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(SE10,17,24,OC1P4)
Notice of Sale
Advertisement of Sale Under Power
of Sale in Deed to Secure Debt
State of Georgia
County of Jackson
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt (the “Security Deed”) from JEFF STREETMAN CONSTRUCTION, LLC to NORTHEAST GEORGIA BANK, dated November 8, 2004, and recorded on November 10, 2004, recorded in Deed Book 36-R, Pages 232-236, as last modified on December 28, 2007, recorded January 8, 2008, in Deed Book 51-E, Page 444, records of Jackson County, Georgia; the Security Deed secures Note dated December 28, 2007, in the original principal amount of $152,149.00, plus interest; there will be sold by the under-signed at public outcry to the highest and best bidder for cash before the Courthouse door at Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the 245th District G.M., State of Georgia, County of Jackson, being Lot 54, Finch Landing, Phase II and being more particularly described and delineated according to a plat and survey prepared by Venable & Associates, Inc., certified by Allen L. Venable, Jr., GRLS No. 1761, dated February 14, 2004 and revised April 1, 2004, entitled “Final Plan for Finch Landing, Phase II,” said plat being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 62, Pages 241-242; which said plat and the recording thereof are by reference hereto incorporated herein for a more complete and detailed description.
The debt secured by the Security Deed has been and is hereby declared due because of, among other possible events of default, non-payment of 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 Jeff Streetman Construction, LLC, and subject to the outstanding ad valorem taxes and/or assignments if any, and further subject to the outstanding balances of all liens superior to the Security Deed, if any.
To the best knowledge and belief of the undersigned, equitable title to said property is now held by Jeff Streetman Construction, LLC.
The entity with full authority to negotiate, amend and modify all terms of the mortgage with the debtor is Northeast Georgia Bank 12461 Augusta Road, Lavonia, Georgia 30553, Phone Number 706-356-4444.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NORTHEAST GEORGIA BANK
By: __
As Attorney-in-fact for: Jeff Streetman Construction, LLC
Marc S. Kaufman
VANDIVER & KAUFMAN, LLC
Attorneys at Law
5330 Vickery Street
Post Office Box 10
Lavonia, Georgia 30553
(706) 356-2323
(706) 356-3427 FAX
(SE10,17,24,OC1P4)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 ELIZABETH T. MUNDY and PAUL W. MUNDY to CHASE MANHATTAN MORTGAGE CORPORATION, dated December 16, 2004, recorded in Deed Book 37-H, Page 93, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FORTY-SEVEN THOUSAND AND 0/100 DOLLARS ($247,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that certain Lot, tract or parcel of land lying and being in Porter G.M.D Jackson County, Georgia and Being Lot 32, Liberty Crest North Subdivision, as per Plat thereof recorded in Plat Book 50, Page 240, Jackson County, Georgia records, which Plat is incorporated herein and made a part hereof by reference.
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).
Chase Manhattan Mortgage Corporation can be contacted at 877-838-1882x52195 or by writing to 10790 Rancho Bernardo Road, San Diego, CA 92127, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Elizabeth T. Mundy and Paul W. Mundy or a tenant or tenants and said property is more commonly known as 212 Venture Ct., Braselton, Georgia 30517.
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.
Chase Home Finance, LLC sbm to Chase Manhattan Mortgage Corporation as Attorney in Fact for Elizabeth T. Mundy and Paul W. Mundy
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/lr3 10/7/08
Our file no. 11591808-FT3
(SE10,17,24,OC1B/12062-50T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 KENNETH B. LANGFORD to REGIONS MORTGAGE, INC., dated May 19, 2003, recorded in Deed Book 30-F, Page 736, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SIXTY-EIGHT THOUSAND AND 0/100 DOLLARS ($68,000.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, 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: Regions Mortgage, 1900 Charles Bryan Road AX2, Cordova, TN 38018, 800-986-2462. 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 Kenneth B. Langford or a tenant or tenants and said property is more commonly known as 1509 Thyatira Brockton Rd., Jefferson, Georgia 30549.
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.
Regions Bank sbm Regions Mortgage, Inc as Attorney in Fact for Kenneth B. Langford
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/chl 10/7/08
Our file no. 5981608-FT8
EXHIBIT A
All that tract or parcel of land lying and being in the 257th District, G.M., Jackson County, Georgia, and being that 0.625 acres, more or less, as more particularly shown on a plat of survey prepared for George A. Dillow, Jr. and Vicki Dillow by Barry D. Lord, registered surveyor, dated October 9, 2002, recorded in Plat Book 61, Page 15, in the Office of the Clerk of the Superior Court of Jackson County, Georgia and incorporated herein and made a part hereof by reference for a more detailed description.
(SE10,17,24,OC1B/12062-70T1P)
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson 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 JIM P. ARDUINO and SHARON M. ARDUINO to CHASE MANHATTAN MORTGAGE CORPORATION, dated December 27, 2002, recorded in Deed Book 28-T, Page 403, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($77,500.00), 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 Jackson County, Georgia, within the legal hours of sale on the first Tuesday in October, 2008, the following described property:
All that tract or parcel of land lying and being in the City of Nicholson, 253 G.M. District of Jackson County, Georgia consisting Lot 43, Block A, of the Ivy Plantation Subdivision according to a plat of survey entitled “Final plan for Ivy Plantation:, prepared by W.T. Dunahoo and Associates, Georgia Registered Land Surveyor, dated October 18, 1999, and recorded at plat book 54, page 228, Jackson County, Georgia Records, reference is made to said plat survey for a more complete description of property.
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).
Chase Home Finance LLC can be contacted at 800-446-8939 or by writing to 3415 Vision Drive, Columbus, OH 43219, to discuss possible alternatives to foreclosure.
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.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jim P. Arduino and Sharon M. Arduino or a tenant or tenants and said property is more commonly known as 193 Pine Ridge Place, Nicholson, Georgia 30565.
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.
Chase Home Finance, LLC sbm to Chase Manhattan Mortgage Corporation as Attorney in Fact for Jim P. Arduino and Sharon M. Arduino
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/lr3 10/7/08
Our file no. 11490508-FT3
(SE10,17,24,OC1B/12062-60T1P)
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Ray Dodd
Thursday, September 25. 2008
Ray Wilford Dodd, 73, of Gainesville, died Wednesday, September 24, 2008, at Northeast Georgia Medical Center, following an extended illness. Born in Banks County, he was the son of the late Charlie Howard and Laura Wade Dodd. He was retired from Hulsey’s Home Improvement and was a member of Eastview Baptist Church. Mr. Dodd was preceded in ...
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Wilda Wade
Thursday, September 25. 2008
Wilda Cheek Wade, 90, of Commerce, died Wednesday, September 24, 2008, at Grandview Nursing Home. Born in Jackson County, she was the daughter of the late Ollie and Lillian Hix Cheek. She and her late husband, Aubrey Wallace Wade, had owned and operated several retail businesses in the Commerce area. Two of those businesses were Wade’s ...
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Jefferson ready to defend rank this Friday
Thursday, September 25. 2008
The Jefferson Dragons added another notch to their belt after Friday night’s win over Oglethorpe County. While the homecoming celebration may be over for the Dragons, the football season is far from ending. Jefferson has pretty much chewed up everyone the AA region can throw at them so far, and will look to continue the undefeated streak this ...
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East Jackson Scores Historic First Area Win
Thursday, September 25. 2008
The East Jackson Lady Eagles volleyball team picked up their first area win in school history last week, defeating Greene County 2-0 last Tuesday afternoon. The Lady Eagles were scheduled to face Hart County and Rabun County at Hart County Tuesday. Results were not available at press time. East Jackson will host Tallulah Falls and Jefferson on ...
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Panthers ready for region play against Morgan County on Friday
Wednesday, September 24. 2008
This Friday night Jackson County’s football team gets to show what all the hard work in practice can accomplish as the Panthers face Morgan County in the first region game of the season. The players and coaching staff have prepared for Friday’s game since Jackson County made the move down to AAA. Jackson County goes into the game with a ...
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