JacksonHeraldTODAY

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 GERENE A. COLE to SUNTRUST MORTGAGE, INC., dated June 14, 2006, recorded in Deed Book 44-W, Page 76, Jackson County, Georgia Records, as last transferred to Wells Fargo Bank, N.A., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 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-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($97,500.00), 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: American Home Mortgage Servicing Inc., 3 Ada, Irvine, CA 92618, 877-304-3100. 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 Gerene A. Cole or a tenant or tenants and said property is more commonly known as 891 Lee St, 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., as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 as Attorney in Fact for Gerene A. Cole
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ac3 10/7/08
Our file no. 51962408-FT1
EXHIBIT A
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 245th G.M. District, Jackson County, Georgia, as per plat thereof recorded in Plat Book 49, Page 28, 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 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)
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