Entries from November 2008
Mat Panthers take sixth at Allatoona
Friday, November 28. 2008
The Jackson County wrestling team opened their season Saturday with the Blackbeard Duals at Allatoona High School, with the varsity team taking sixth place with a record of 2-3. The Panthers were next scheduled to face White County and Washington Wilkes at Gordon Street Tuesday night. Results were unavailable at press time. At the Blackbeard ...
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Jackson County Public Notices 11-26-2008 pt 3
Friday, November 28. 2008
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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 CONSTANTIN A. MIOC to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $360,000.00 dated 06/26/2006, and recorded in Deed Book 4400, Page 2, Jackson County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 53-B, Page 79, 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 December, 2008, by CitiMortgage, Inc., as Attorney-in-Fact for Constantin A. Mioc the following described property:
All that tract or parcel of land lying and being in GMD 245 and GMD 248 Jackson County Georgia, being Lot 49 Pod L Traditions of Braselton, Phase I as per plat recorded in Plat Book 62, Pages 51-59, Jackson County Records said Plat being incorporated herein by reference thereto.
Property known as: 69 Old Traditions Place, 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:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
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 Constantin A. Mioc.
CitiMortgage, Inc., as Attorney-in-fact for Constantin A. Mioc.
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
(NV5,12,19,26B/224-50)
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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 December, 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
(NV5,12,19,26B/224-50)
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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 PATRICIA C. RIVERO to MG INVESTMENTS, INC. in the original principal amount of $60,000.00 dated 06/28/2000, and recorded in Deed Book 21-P, Page 107, Jackson County Records, said Security Deed being last transferred and assigned to Associates Home Equity Services, Inc. in Deed Book 21-Z, Page 195, 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 December, 2008, by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc. f/k/a Associates Home Equity Services, Inc., as Attorney-in-Fact for Patricia C. Rivero the following described property:
All that tract or parcel of land situate, lying and being in the 255th District, GM, in the City of Commerce, Jackson County, Georgia, designated as Lot 9, containing 1.800 acres, more or less, as shown on a plat of survey prepared by Hambrick Surveying, Inc., certified by Wallace Long Hambrick, Georgia registered Surveyor No.1375, dated May 25, 1990 and being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 29, Page 289, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description.
Property known as: 283 Old Harden Orchard Road, Commerce, GA 30529
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:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
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 Patricia C. Rivero.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc. f/k/a Associates Home Equity Services, Inc., as Attorney-in-fact for Patricia C. Rivero.
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
(NV5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from COREY JONES and MELISSA JONES to NORTHEAST GEORGIA BANK, dated April 8, 2004, and securing and original indebtedness in the amount of $35,250.00, and recorded at Deed Book 34-B, Pages 409-412, in the Office of the Clerk of Superior Court of Jackson County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia, during the legal hours of sale on the first Tuesday in December, 2008, the following described property, to wit:
All that tract or parcel of land with improvements thereon lying and being in the 253rd GM District of Jackson County, Georgia, containing 1.57 acres, beginning at an iron pin set at the intersection of the property hereinafter described and County Dirt Road (Christian Road) and being bound now or formerly as follows: On the north by lands of Wilson for a distance of 299.9 feet; on the east by lands of Wilson for a distance of 271.4 feet; on the south by lands of Wilson for a distance of 309.3 feet and County Dirt Road (Christian Road); on the west by lands of Wilson for a distance of 182.3 feet. Said lands being more particularly shown and described on plat of survey for Paul and Evelyn Christian, dated June 4, 1974, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 11, Page 82, Jackson County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Corey Jones and Melissa Jones, subject to any taxes, easements and assessments appearing of record.
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.
To the best of the undersigned’s knowledge, the property is in the possession of Corey Jones and Melissa Jones.
Northeast Georgia Bank, as attorneys in fact for Corey Jones and Melissa Jones.
Scott R. Tolbert
Tolbert Bradford, LLC
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.tolbertbradford.com
(NV5,12,19,26B/344-50)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by ADALGISA BONILLA and JUAN J. BONILLA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for The CIT Group/Consumer Finance, Inc., dated December 22, 2006, and filed for record January 12, 2007, in Deed Book 47-D, Page 471, Jackson County, Georgia Records, and securing a Note in the original principal amount of $143,200.00; last transferred to CitiMortgage, Inc. by Assignment filed for record in the public deed records of Jackson County, Georgia, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Jackson County, Georgia, between the legal hours of sale on the first Tuesday in December 2008, by CitiMortgage, Inc. as Attorney-in-Fact for Adalgisa Bonilla and Juan J. Bonilla the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in 245th District, G.M., Jackson County, Georgia, containing 1.59 acres, more or less, and designated as Tract No. 3, Wshown on that plat of survey of Curry Creek Meadows Subdivision, Unit Three, prepared by W.T. Dunahoo and Associates, Inc., Registered Surveyors, dated November 25, 1992, and recorded in Plat Book 35, Page 211, Jackson County, Georgia Records, which plat is hereby referred to and made a part of this description.
Subject to existing easements for public roads and utilities now in use.
The above described property is also known as 237 Meadow 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 purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Adalgisa Bonilla and Juan J. Bonilla.
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows:
CitiMortgage, Inc.
Attn: Loss Mitigation Dept.
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019-3931
Telephone number: 1-800-422-1498
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require CitiMortgage, Inc. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
CitiMortgage, Inc. as Attorney-in-Fact
for Adalgisa Bonilla and Juan J. Bonilla
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road,
Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26B/119-60)
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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 JESSE WILSON, JR. a/k/a JESSIE SAMUEL WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 5, 2001, in the amount of $88,200.00, and recorded in Deed Book 23-Q, Page 204, 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 December, 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 255th District, G.M., Jackson County, Georgia, and being Lot No. 12 of the Hillcrest Subdivision, as more particularly shown on plat of survey prepared for Mary Hardman by Ben McLeroy & Associates, Registered Surveyor, dated August 6, 1964, recorded at Plat Book 4, Page 177, Jackson County, Georgia and incorporated herein and made part here by reference for a more detailed description.
which has the property address of 91 Hillcrest 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 Jesse Wilson, Jr. a/k/a Jessie Samuel Wilson 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 Jesse Wilson, Jr. a/k/a Jessie Samuel Wilson
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-15821 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26B/1325-50)
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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 JOSEPH P. ZAVAGNIN and PATRICIA K. ZAVAGNIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 6, 2006, in the amount of $136,000.00, and recorded in Deed Book 44-G, Page 345, 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 December, 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 245th G.M.D. of Jackson County, City of Jefferson, Georgia, being designated as Lot 25, Phase II, Holder’s Mill Subdivision, containing .75 acre, more or less, as shown on a Plat of Survey prepared for Holder’s Mill, prepared by Venable & Associates, Inc., dated December 22, 1996, as recorded in Plat Book 50, Page 51, Jackson County, Georgia Records, which plat is hereby referred to and made a part of this description.
which has the property address of 65 Monte Lane, 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 Joseph P. Zavagnin and Patricia K. Zavagnin 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 Joseph P. Zavagnin and Patricia K. Zavagnin
Anthony DeMarlo, Attorney/jnesbitt
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-20629 /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.
(NV5,12,19,26B/1325-50)
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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 ALLEN W. WIMBS to UNION PLANTERS BANK, N.A. dated September 30, 2002, and recorded in Deed Book 28-E, Page 601, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverHome Mortgage Company by Assignment securing a Note in the original principal amount of $133,420.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 2, 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 245 G.M.D., Jackson County, Georgia, and being Lot 8, Morgan’s Creek Subdivision, as per plat recorded in Plat Book 57, Page 272, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
Said property is known as 157 Hamilton Drive, 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 Allen W. Wimbs, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Allen W. Wimbs, 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.
EverHome Mortgage Company as Attorney-in-Fact for Allen W. Wimbs
File no. 08-007036
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/BB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV5,12,19,26B/1323-50T1P)
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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 SCOTT D. MILLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 19, 2008, recorded in Deed Book 510, Page 323, Jackson County, Georgia Records, as last transferred to Countrywide Home Loans Servicing LP 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 FOUR HUNDRED FIFTY AND 0/100 DOLLARS ($169,450.00), 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 December, 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 Servicing LP, 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 Scott D. Miller or a tenant or tenants and said property is more commonly known as 417 River Mist 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.
Countrywide Home Loans Servicing LP as Attorney in Fact for Scott D. Miller
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 12/2/08
Our file no. 52567708-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the City of Jefferson in the 245th GMD of Jackson County, Georgia and being Lot 37, Phase I, according to the Plat of Survey for River Mist Plantation, by Patton-Boyer, Inc. Certified by Chris M. Patton, Georgia RLS 2647, dated July 21, 2005 and last revised and recorded in Plat Book 70, Pages 287-291, Jackson County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete and detailed description of the property conveyed herein.
(NV5,12,19,26B/12062-60T1P)
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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 NORMA POFF to SILVERTON MORTGAGE SPECIALISTS, INC., dated February 25, 2005, recorded in Deed Book 38-A, Page 286, Jackson County, Georgia Records, as last transferred to First Horizon Home Loan Corporation by assignment recorded in Deed Book 38-A, Page 306, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($204,000.00), 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 December, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. 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 Norma Poff or a tenant or tenants and said property is more commonly known as 264 Pine Crest Lane, 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.
First Horizon Home Loans, a division of First Tennessee Bank, National Association fka First Horizon Home Loan Corporation as Attorney in Fact for Norma Poff
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmc 12/2/08
Our file no. 51522008-FT8
EXHIBIT A
All that tract or parcel of land lying and being in Braselton, Jackson County, Georgia, 1765th District, G.M., and being more particularly described as follows: beginning at an iron pin on east side of Pine Crest Lane approximately 70 feet south of Zion Church Road and proceeding north 68 degrees 27 minutes east 271.5 feet south along Lot No. Seven (7), to an iron pin corner, thence south 20 degrees 40 minutes east 100 feet along. Ted Lewis property to an iron pin corner, thence south 68 degrees 25 minutes west 270.8 feet along Lot No Nine (9) to an iron pin corner on Pine Crest Lane; thence north 21 degrees 23 minutes west 100 feet alone Pine Crest Lane to beginning corner. This is Lot No. Eight (8) of Pine Crest Subdivision according to a plat and survey made by Thomas M. Patton, Georgia Registered Surveyor No. 967 in October, 1961.
(NV5,12,19,26B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale contained in a Security Deed from TYRUS A. HARRIS, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 7, 2006, and recorded in Deed Book 45-A, Pages 363-378, Jackson County, Georgia Records, and last transferred and assigned to Branch Banking and Trust Company (“BB&T”) by assignment recorded in Deed Book 0052-W, Page 0287, there will be sold at public outcry for cash to the highest bidder before the Courthouse doors of said county during the legal hours of sale on the first Tuesday in December, 2008, by BB&T, as Attorney-in-Fact for Tyrus A. Harris, the following described property, to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 253rd District, G.M., in the City of Nicholson, Jackson County, Georgia, encompassing 0.72 acres, more or less, as shown on a plat of survey entitled “Survey for Jonathan D. Langston and Ginger Langston”, prepared by Max Lewallan, certified by Max Lewallen, Georgia Registered Surveyor No. 2067, dated July 10, 1995 and being of record in the Office of the Clerk of Superior Court of Jackson County, Georgia in Plat Book 47, Page 10, which said plat and the recording thereof are by reference incorporated herein for a more complete description.
Subject to restrictions and/or covenants of record, if any, easements of record and existing easements and rights of way for public road and utilities now in use.
Property Address: 117 Staple Drive, Nicholson, GA 30565 according to the present numbering system in Jackson County, Georgia.
The indebtedness secured by said Security Deed having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney’s fees, notice of intention to collect attorney’s fees having been given as provided by law. Gloria Smith, phone number 864-242-8626, Chasity Cox, phone number 864-242-8416 and Natasha Edwards, phone number 864-242-8612, are the names of the individuals at BB&T who have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and their address is BB&T, 301 College Street, Greenville, South Carolina 29601.
The property will be sold as the property of Tyrus A. Harris subject to the following: (1) all prior restrictive covenants, easements, right-of-ways, or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) all outstanding taxes, assessments, unpaid bills, charges and expenses that constitute liens against the property, whether due and payable or not yet due and payable, and matters of record superior to the Security Deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tyrus A. Harris, a tenant or tenants, or parties claiming under the aforementioned and said property is more commonly known as 117 Stapler Drive, Nicholson, Georgia 30565.
Branch Banking & Trust Co. as Attorney in Fact for Tyrus A. Harris
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
Suite 181 - The Oglethorpe Bldg.
2971 Flowers Road South
Atlanta, Georgia 30341
(770) 455-3660
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
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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 ANA C. ABREU to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 19, 2007, recorded in Deed Book 48-J, Page 415, Jackson County, Georgia Records, as last transferred to HSBC BANK USA National Association as Trustee for PHH 2007-3 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 NINETY-SEVEN THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($197,900.00), 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 December, 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: PHH Mortgage Corporation, Mailstop SV01, 4001 Leadenhall Rd., Mount Laurel, NJ 08054, 800-750-2518. 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 Ana C. Abreu or a tenant or tenants and said property is more commonly known as 1129 Jefferson Walk 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.
HSBC BANK USA National Association as Trustee for PHH 2007-3 as Attorney in Fact for Ana C. Abreu
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 12/2/08
Our file no. 52453808-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 19, Block A, Jefferson Walk West, Unit Two, as per plat recorded in Plat Book 62, Page 81, Jackson County Records, said plat being incorporated herein by reference thereto.
(NV5,12,19,26B/12062-60T1P)
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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 LECH M. GAZINSKI and NANCY K. GAZINSKI to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 10, 2005, recorded in Deed Book 41-F, Page 459, Jackson County, Georgia Records, as last transferred to LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series 2006-HE2 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 FIVE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($105,500.00), 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 December, 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: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. 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 Lech M. Gazinski and Nancy K. Gazinski or a tenant or tenants and said property is more commonly known as 584 Jefferson Walk 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.
LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series 2006-HE2 as Attorney in Fact for Lech M. Gazinski and Nancy K. Gazinski
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 12/2/08
Our file no. 52521908-FT1
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 17, Block B, Unit 2 of Jefferson Walk East Subdivision, as per plat thereof recorded in Plat Book 62, Page 280, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(NV5,12,19,26B/12062-60T1P)
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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 CAROLINE M. CAMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 24, 2005, recorded in Deed Book 39-N, Page 723, Jackson County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as indenture trustee for the Encore Credit Receivables Trust 2005-3 by assignment recorded in Deed Book 52V, Page 724, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($373,100.00), 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 December, 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 Caroline M. Camp or a tenant or tenants and said property is more commonly known as 1400 Plainview Road, Maysville, Georgia 30558.
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.
Deutsche Bank National Trust Company, as indenture trustee for the Encore Credit Receivables Trust 2005-3 as Attorney in Fact for Caroline M. Camp
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 12/2/08
Our file no. 5713408-FT1
EXHIBIT A
All that tract or parcel of land located or being in Georgia Militia District 455, Jackson County, Georgia, and being more particularly described as follows:
Commence at the intersection of the centerline of Dunahoo Road and the right of way of Plainview Road (100 foot right of way) and proceed westerly along the right of way of said Plainview Road a distance of 5,326 feet to a 1/2 inches rebar found; said rebar being the point of beginning. Proceed thence along the rights of way of said Plainview Road along the arc of a curve having a radius of 555.45 feet a distance of 358.97 feet, said arc being subtended by a chord having a bearing of north 67 degrees 09 minutes 00 seconds west and a length of 365.53 feet to a point; thence north 20 degrees 44 minutes 43 seconds east 427.94 feet to a 1/2 inches rebar set; thence south 81 degrees 11 minutes 54 seconds East 586.04 feet to a 1/2 inches rebar found; thence south 41 degrees 38 minutes 00 seconds West 601.97 feet to a 1/2 inches rebar found, said point also being the point of beginning.
Said tract or parcel of land contains 5.00 acres and is more particularly described on a plat of survey prepared for Caroline Camp by Venable & Associates, Inc. dated January 12, 2000.
(NV6,12,19,26B/12062-80T1P)
[Full Story »]
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 CONSTANTIN A. MIOC to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. in the original principal amount of $360,000.00 dated 06/26/2006, and recorded in Deed Book 4400, Page 2, Jackson County Records, said Security Deed being last transferred and assigned to CitiMortgage, Inc. in Deed Book 53-B, Page 79, 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 December, 2008, by CitiMortgage, Inc., as Attorney-in-Fact for Constantin A. Mioc the following described property:
All that tract or parcel of land lying and being in GMD 245 and GMD 248 Jackson County Georgia, being Lot 49 Pod L Traditions of Braselton, Phase I as per plat recorded in Plat Book 62, Pages 51-59, Jackson County Records said Plat being incorporated herein by reference thereto.
Property known as: 69 Old Traditions Place, 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:
CitiMortgage, Inc.
1000 Technology Drive
O’Fallon, MO 63368
PHONE: 866-272-4749
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 Constantin A. Mioc.
CitiMortgage, Inc., as Attorney-in-fact for Constantin A. Mioc.
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
(NV5,12,19,26B/224-50)
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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 December, 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
(NV5,12,19,26B/224-50)
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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 PATRICIA C. RIVERO to MG INVESTMENTS, INC. in the original principal amount of $60,000.00 dated 06/28/2000, and recorded in Deed Book 21-P, Page 107, Jackson County Records, said Security Deed being last transferred and assigned to Associates Home Equity Services, Inc. in Deed Book 21-Z, Page 195, 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 December, 2008, by CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc. f/k/a Associates Home Equity Services, Inc., as Attorney-in-Fact for Patricia C. Rivero the following described property:
All that tract or parcel of land situate, lying and being in the 255th District, GM, in the City of Commerce, Jackson County, Georgia, designated as Lot 9, containing 1.800 acres, more or less, as shown on a plat of survey prepared by Hambrick Surveying, Inc., certified by Wallace Long Hambrick, Georgia registered Surveyor No.1375, dated May 25, 1990 and being of record in the Office of the Clerk of Superior Court for Jackson County, Georgia in Plat Book 29, Page 289, which said plat and the recording thereof are by reference incorporated herein for a more complete and detailed description.
Property known as: 283 Old Harden Orchard Road, Commerce, GA 30529
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:
CitiMortgage, Inc.
4050 Regents Blvd.
Irving, TX 75063
PHONE: 866-450-3172
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 Patricia C. Rivero.
CitiMortgage, Inc., successor by merger with CitiFinancial Mortgage Company, Inc. f/k/a Associates Home Equity Services, Inc., as Attorney-in-fact for Patricia C. Rivero.
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
(NV5,12,19,26B/224-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By virtue of the power of sale contained in a Deed to Secure Debt and its modifications from COREY JONES and MELISSA JONES to NORTHEAST GEORGIA BANK, dated April 8, 2004, and securing and original indebtedness in the amount of $35,250.00, and recorded at Deed Book 34-B, Pages 409-412, in the Office of the Clerk of Superior Court of Jackson County, Georgia, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia, during the legal hours of sale on the first Tuesday in December, 2008, the following described property, to wit:
All that tract or parcel of land with improvements thereon lying and being in the 253rd GM District of Jackson County, Georgia, containing 1.57 acres, beginning at an iron pin set at the intersection of the property hereinafter described and County Dirt Road (Christian Road) and being bound now or formerly as follows: On the north by lands of Wilson for a distance of 299.9 feet; on the east by lands of Wilson for a distance of 271.4 feet; on the south by lands of Wilson for a distance of 309.3 feet and County Dirt Road (Christian Road); on the west by lands of Wilson for a distance of 182.3 feet. Said lands being more particularly shown and described on plat of survey for Paul and Evelyn Christian, dated June 4, 1974, prepared by Clelland A. Tyson, Registered Land Surveyor, recorded in Plat Book 11, Page 82, Jackson County Public Records. Said plat and the recordation thereof are by reference incorporated herein and made a part of this legal description.
The debt secured by said instrument having been declared due because of default in payment, this sale will be made for the purpose of satisfying said indebtedness and any other indebtedness secured by said property and all expenses of this sale, including attorney’s fees. This property will be sold as the property of Corey Jones and Melissa Jones, subject to any taxes, easements and assessments appearing of record.
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.
To the best of the undersigned’s knowledge, the property is in the possession of Corey Jones and Melissa Jones.
Northeast Georgia Bank, as attorneys in fact for Corey Jones and Melissa Jones.
Scott R. Tolbert
Tolbert Bradford, LLC
Attorney at Law
62 Washington Street
Jefferson, Georgia 30549
(706) 367-5290
www.tolbertbradford.com
(NV5,12,19,26B/344-50)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power of sale contained in a Deed to Secure Debt by ADALGISA BONILLA and JUAN J. BONILLA to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for The CIT Group/Consumer Finance, Inc., dated December 22, 2006, and filed for record January 12, 2007, in Deed Book 47-D, Page 471, Jackson County, Georgia Records, and securing a Note in the original principal amount of $143,200.00; last transferred to CitiMortgage, Inc. by Assignment filed for record in the public deed records of Jackson County, Georgia, there will be sold at a public outcry for cash to the highest bidder before the Courthouse door of Jackson County, Georgia, between the legal hours of sale on the first Tuesday in December 2008, by CitiMortgage, Inc. as Attorney-in-Fact for Adalgisa Bonilla and Juan J. Bonilla the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in 245th District, G.M., Jackson County, Georgia, containing 1.59 acres, more or less, and designated as Tract No. 3, Wshown on that plat of survey of Curry Creek Meadows Subdivision, Unit Three, prepared by W.T. Dunahoo and Associates, Inc., Registered Surveyors, dated November 25, 1992, and recorded in Plat Book 35, Page 211, Jackson County, Georgia Records, which plat is hereby referred to and made a part of this description.
Subject to existing easements for public roads and utilities now in use.
The above described property is also known as 237 Meadow 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 purpose of paying the same and all expenses of sale, including attorney’s fees, if applicable.
The property will be sold as the property of the aforesaid grantor subject to the following: all prior restrictive covenants, easements, rights-of-way, security deeds, or encumbrances of record; all valid zoning ordinances; matters which would be disclosed by an accurate survey of the property or by any inspection of the property; all outstanding taxes, assessments, unpaid bills, charges, and expenses that are a lien against the property whether due and payable or not yet due and payable.
To the best of the undersigned’s knowledge and belief, possession of the subject property is held by Adalgisa Bonilla and Juan J. Bonilla.
Pursuant to O.C.G.A. § 44-14-162.2, the name, address and telephone number of the individual or entity who shall have the full authority to negotiate, amend or modify all terms of the above described mortgage is as follows:
CitiMortgage, Inc.
Attn: Loss Mitigation Dept.
1111 Northpoint Drive
Building 4, Suite 100
Coppell, TX 75019-3931
Telephone number: 1-800-422-1498
The foregoing notwithstanding, nothing in O.C.G.A. § 44-14-162.2 shall be construed to require CitiMortgage, Inc. to negotiate, amend or modify the terms of the Deed to Secure Debt described herein.
CitiMortgage, Inc. as Attorney-in-Fact
for Adalgisa Bonilla and Juan J. Bonilla
SHUPING, MORSE & ROSS, LLP
By: S. Andrew Shuping, Jr.
S. Andrew Shuping, Jr.
6259 Riverdale Road,
Suite 100
Riverdale, Georgia 30274-1698
(770) 991-0000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26B/119-60)
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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 JESSE WILSON, JR. a/k/a JESSIE SAMUEL WILSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 5, 2001, in the amount of $88,200.00, and recorded in Deed Book 23-Q, Page 204, 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 December, 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 255th District, G.M., Jackson County, Georgia, and being Lot No. 12 of the Hillcrest Subdivision, as more particularly shown on plat of survey prepared for Mary Hardman by Ben McLeroy & Associates, Registered Surveyor, dated August 6, 1964, recorded at Plat Book 4, Page 177, Jackson County, Georgia and incorporated herein and made part here by reference for a more detailed description.
which has the property address of 91 Hillcrest 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 Jesse Wilson, Jr. a/k/a Jessie Samuel Wilson 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 Jesse Wilson, Jr. a/k/a Jessie Samuel Wilson
Anthony DeMarlo, Attorney/smagnuson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-15821 /FHLMC
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26B/1325-50)
gpn11
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 JOSEPH P. ZAVAGNIN and PATRICIA K. ZAVAGNIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 6, 2006, in the amount of $136,000.00, and recorded in Deed Book 44-G, Page 345, 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 December, 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 245th G.M.D. of Jackson County, City of Jefferson, Georgia, being designated as Lot 25, Phase II, Holder’s Mill Subdivision, containing .75 acre, more or less, as shown on a Plat of Survey prepared for Holder’s Mill, prepared by Venable & Associates, Inc., dated December 22, 1996, as recorded in Plat Book 50, Page 51, Jackson County, Georgia Records, which plat is hereby referred to and made a part of this description.
which has the property address of 65 Monte Lane, 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 Joseph P. Zavagnin and Patricia K. Zavagnin 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 Joseph P. Zavagnin and Patricia K. Zavagnin
Anthony DeMarlo, Attorney/jnesbitt
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-20629 /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.
(NV5,12,19,26B/1325-50)
gpn11
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 ALLEN W. WIMBS to UNION PLANTERS BANK, N.A. dated September 30, 2002, and recorded in Deed Book 28-E, Page 601, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to EverHome Mortgage Company by Assignment securing a Note in the original principal amount of $133,420.00, the holder thereof pursuant to said Deed and Note thereby secured has declared the entire amount of said indebtedness due and payable and, pursuant to the power of sale contained in said Deed, will on the first Tuesday, December 2, 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 245 G.M.D., Jackson County, Georgia, and being Lot 8, Morgan’s Creek Subdivision, as per plat recorded in Plat Book 57, Page 272, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
Said property is known as 157 Hamilton Drive, 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 Allen W. Wimbs, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Allen W. Wimbs, 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.
EverHome Mortgage Company as Attorney-in-Fact for Allen W. Wimbs
File no. 08-007036
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/BB
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(NV5,12,19,26B/1323-50T1P)
gpn11
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 SCOTT D. MILLER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 19, 2008, recorded in Deed Book 510, Page 323, Jackson County, Georgia Records, as last transferred to Countrywide Home Loans Servicing LP 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 FOUR HUNDRED FIFTY AND 0/100 DOLLARS ($169,450.00), 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 December, 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 Servicing LP, 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 Scott D. Miller or a tenant or tenants and said property is more commonly known as 417 River Mist 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.
Countrywide Home Loans Servicing LP as Attorney in Fact for Scott D. Miller
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ps1 12/2/08
Our file no. 52567708-FT4
EXHIBIT A
All that tract or parcel of land lying and being in the City of Jefferson in the 245th GMD of Jackson County, Georgia and being Lot 37, Phase I, according to the Plat of Survey for River Mist Plantation, by Patton-Boyer, Inc. Certified by Chris M. Patton, Georgia RLS 2647, dated July 21, 2005 and last revised and recorded in Plat Book 70, Pages 287-291, Jackson County, Georgia Records, which Plat is incorporated herein and made a part hereof by reference thereto for a more complete and detailed description of the property conveyed herein.
(NV5,12,19,26B/12062-60T1P)
gpn11
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 NORMA POFF to SILVERTON MORTGAGE SPECIALISTS, INC., dated February 25, 2005, recorded in Deed Book 38-A, Page 286, Jackson County, Georgia Records, as last transferred to First Horizon Home Loan Corporation by assignment recorded in Deed Book 38-A, Page 306, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED FOUR THOUSAND AND 0/100 DOLLARS ($204,000.00), 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 December, 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: MetLife Home Loans, 4000 Horizon Way Mail Stop 6205, Irving, TX 75063, 800-364-7662. 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 Norma Poff or a tenant or tenants and said property is more commonly known as 264 Pine Crest Lane, 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.
First Horizon Home Loans, a division of First Tennessee Bank, National Association fka First Horizon Home Loan Corporation as Attorney in Fact for Norma Poff
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmc 12/2/08
Our file no. 51522008-FT8
EXHIBIT A
All that tract or parcel of land lying and being in Braselton, Jackson County, Georgia, 1765th District, G.M., and being more particularly described as follows: beginning at an iron pin on east side of Pine Crest Lane approximately 70 feet south of Zion Church Road and proceeding north 68 degrees 27 minutes east 271.5 feet south along Lot No. Seven (7), to an iron pin corner, thence south 20 degrees 40 minutes east 100 feet along. Ted Lewis property to an iron pin corner, thence south 68 degrees 25 minutes west 270.8 feet along Lot No Nine (9) to an iron pin corner on Pine Crest Lane; thence north 21 degrees 23 minutes west 100 feet alone Pine Crest Lane to beginning corner. This is Lot No. Eight (8) of Pine Crest Subdivision according to a plat and survey made by Thomas M. Patton, Georgia Registered Surveyor No. 967 in October, 1961.
(NV5,12,19,26B/12062-70T1P)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
County of Jackson
By virtue of the power of sale contained in a Security Deed from TYRUS A. HARRIS, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated August 7, 2006, and recorded in Deed Book 45-A, Pages 363-378, Jackson County, Georgia Records, and last transferred and assigned to Branch Banking and Trust Company (“BB&T”) by assignment recorded in Deed Book 0052-W, Page 0287, there will be sold at public outcry for cash to the highest bidder before the Courthouse doors of said county during the legal hours of sale on the first Tuesday in December, 2008, by BB&T, as Attorney-in-Fact for Tyrus A. Harris, the following described property, to-wit:
All that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 253rd District, G.M., in the City of Nicholson, Jackson County, Georgia, encompassing 0.72 acres, more or less, as shown on a plat of survey entitled “Survey for Jonathan D. Langston and Ginger Langston”, prepared by Max Lewallan, certified by Max Lewallen, Georgia Registered Surveyor No. 2067, dated July 10, 1995 and being of record in the Office of the Clerk of Superior Court of Jackson County, Georgia in Plat Book 47, Page 10, which said plat and the recording thereof are by reference incorporated herein for a more complete description.
Subject to restrictions and/or covenants of record, if any, easements of record and existing easements and rights of way for public road and utilities now in use.
Property Address: 117 Staple Drive, Nicholson, GA 30565 according to the present numbering system in Jackson County, Georgia.
The indebtedness secured by said Security Deed having been declared due and payable because of default in the payment of the indebtedness secured thereby, this sale will be made for the purpose of paying the same and all expenses of the sale, including attorney’s fees, notice of intention to collect attorney’s fees having been given as provided by law. Gloria Smith, phone number 864-242-8626, Chasity Cox, phone number 864-242-8416 and Natasha Edwards, phone number 864-242-8612, are the names of the individuals at BB&T who have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor, and their address is BB&T, 301 College Street, Greenville, South Carolina 29601.
The property will be sold as the property of Tyrus A. Harris subject to the following: (1) all prior restrictive covenants, easements, right-of-ways, or encumbrances; (2) all valid zoning ordinances; (3) matters which would be disclosed by an accurate survey of the property; (4) all outstanding taxes, assessments, unpaid bills, charges and expenses that constitute liens against the property, whether due and payable or not yet due and payable, and matters of record superior to the Security Deed first set out above.
To the best of the undersigned’s knowledge and belief, the party in possession is Tyrus A. Harris, a tenant or tenants, or parties claiming under the aforementioned and said property is more commonly known as 117 Stapler Drive, Nicholson, Georgia 30565.
Branch Banking & Trust Co. as Attorney in Fact for Tyrus A. Harris
Gregory M. Eells
Attorney at Law
Eells Law Group, LLC
Suite 181 - The Oglethorpe Bldg.
2971 Flowers Road South
Atlanta, Georgia 30341
(770) 455-3660
THE LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
gpn11
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 ANA C. ABREU to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated April 19, 2007, recorded in Deed Book 48-J, Page 415, Jackson County, Georgia Records, as last transferred to HSBC BANK USA National Association as Trustee for PHH 2007-3 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 NINETY-SEVEN THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($197,900.00), 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 December, 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: PHH Mortgage Corporation, Mailstop SV01, 4001 Leadenhall Rd., Mount Laurel, NJ 08054, 800-750-2518. 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 Ana C. Abreu or a tenant or tenants and said property is more commonly known as 1129 Jefferson Walk 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.
HSBC BANK USA National Association as Trustee for PHH 2007-3 as Attorney in Fact for Ana C. Abreu
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 12/2/08
Our file no. 52453808-FT1
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 19, Block A, Jefferson Walk West, Unit Two, as per plat recorded in Plat Book 62, Page 81, Jackson County Records, said plat being incorporated herein by reference thereto.
(NV5,12,19,26B/12062-60T1P)
gpn11
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 LECH M. GAZINSKI and NANCY K. GAZINSKI to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 10, 2005, recorded in Deed Book 41-F, Page 459, Jackson County, Georgia Records, as last transferred to LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series 2006-HE2 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 FIVE THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($105,500.00), 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 December, 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: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. 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 Lech M. Gazinski and Nancy K. Gazinski or a tenant or tenants and said property is more commonly known as 584 Jefferson Walk 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.
LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series 2006-HE2 as Attorney in Fact for Lech M. Gazinski and Nancy K. Gazinski
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 12/2/08
Our file no. 52521908-FT1
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 17, Block B, Unit 2 of Jefferson Walk East Subdivision, as per plat thereof recorded in Plat Book 62, Page 280, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(NV5,12,19,26B/12062-60T1P)
gpn11
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 CAROLINE M. CAMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated June 24, 2005, recorded in Deed Book 39-N, Page 723, Jackson County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as indenture trustee for the Encore Credit Receivables Trust 2005-3 by assignment recorded in Deed Book 52V, Page 724, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED SEVENTY-THREE THOUSAND ONE HUNDRED AND 0/100 DOLLARS ($373,100.00), 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 December, 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 Caroline M. Camp or a tenant or tenants and said property is more commonly known as 1400 Plainview Road, Maysville, Georgia 30558.
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.
Deutsche Bank National Trust Company, as indenture trustee for the Encore Credit Receivables Trust 2005-3 as Attorney in Fact for Caroline M. Camp
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/ho 12/2/08
Our file no. 5713408-FT1
EXHIBIT A
All that tract or parcel of land located or being in Georgia Militia District 455, Jackson County, Georgia, and being more particularly described as follows:
Commence at the intersection of the centerline of Dunahoo Road and the right of way of Plainview Road (100 foot right of way) and proceed westerly along the right of way of said Plainview Road a distance of 5,326 feet to a 1/2 inches rebar found; said rebar being the point of beginning. Proceed thence along the rights of way of said Plainview Road along the arc of a curve having a radius of 555.45 feet a distance of 358.97 feet, said arc being subtended by a chord having a bearing of north 67 degrees 09 minutes 00 seconds west and a length of 365.53 feet to a point; thence north 20 degrees 44 minutes 43 seconds east 427.94 feet to a 1/2 inches rebar set; thence south 81 degrees 11 minutes 54 seconds East 586.04 feet to a 1/2 inches rebar found; thence south 41 degrees 38 minutes 00 seconds West 601.97 feet to a 1/2 inches rebar found, said point also being the point of beginning.
Said tract or parcel of land contains 5.00 acres and is more particularly described on a plat of survey prepared for Caroline Camp by Venable & Associates, Inc. dated January 12, 2000.
(NV6,12,19,26B/12062-80T1P)
[Full Story »]
Jackson County Public Notices 11-26-2008 pt 2
Friday, November 28. 2008
gpn11
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 ALVIN R. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 26, 2005, in the amount of $125,000.00, and recorded in Deed Book 40-L, Page 468, 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 December, 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 242 G.M.D., Jackson County, Georgia, and being known and designated as Lot 1 more particularly shown on a survey entitled Survey for Oak Hill Subdivision prepared by Venable and Associates, Inc., Surveyors, dated February 25, 2000. Said plat is recorded in Plat Book 57, Pages 71 and 72, Office of the Clerk of Superior Court of Jackson County, Georgia, and reference is hereby made to said plat for a more complete description of the property. Subject to the Declaration of Protective Covenants for Big Oaks Subdivision recorded in Deed Book 221, at Pages 143-149, Jackson County Records.
which has the property address of 209 Oak Hill Drive, 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 Alvin R. Smith 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 Alvin R. Smith
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-24909 /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.
(NV5,12,19,26B/1325-50)
gpn11
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 382, Jackson County, Georgia Records, re-recorded July 14, 2006, in Deed Book 44-Q, Page 429, Jackson County, Georgia Records, as re-recorded September 22, 2008, in Deed Book 53-H, Page 244, Jackson County, Georgia Records, 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., 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 December, 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-51, 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-00622
(NV5,12,19,26B/16022-70T1P)
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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 TERRY PATTILLO PROPERTIES, LLC to NORTHEAST GEORGIA BANK, dated April 27, 2006, recorded May 2, 2006, in Deed Book 43-Q, Pages 527-531, records of Jackson County, Georgia, as last modified on April 14, 2008, as recorded in Deed Book 52-G, Page 88, Jackson County, Georgia Records (See also Assignment Of Leases And Rents, recorded in Deed Book 52-G, Pages 81-87, Jackson County, Georgia Records), the Security Deed secures Note dated April 14, 2008, in the original principal amount of $59,434.53, 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 December, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the City of Commerce, Jackson County, Georgia, Minish District 255th, more particularly described as follows: BEGINNING at a point on Wood Street at J.W. Harris corner, thence along line of J.W. Harris and then Alfus R. Pittman line south 9 1/2 west 3.70 to corner of Alfus R. Pittman and Ben Hood; thence along Ben Hood line South 80 1/2 east 1.00 to corner of Dupree Nix; thence along line of Dupree Nix north 9 1/2 east 3.70 to corner of Dupree Nix on Wood Street; thence along Wood Street north 80 1/2 west 1.00 to the beginning corner. Bounded on the north by Wood Street, on the east by Dupree Nix, on the south by Ben Hood lot, and on the west by Alfus R. Pittman and J.W. Harris lots. This is the same property which is described in an Executors’ Deed Under Authority of Will, dated February 18, 1983, recorded in Deed Book 8-I, Pages 183-184, Jackson County Records.
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 Terry Pattillo Properties, 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 Terry Pattillo Properties, 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: Terry Pattillo Properties, 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
(NV5,12,19,26P4)
gpn-11
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 TERRY PATTILLO PROPERTIES, LLC to NORTHEAST GEORGIA BANK, dated June 9, 2006, recorded June 12, 2006 in Deed Book 44F, Pages 652-655, records of Jackson County, Georgia, as last modified on April 10, 2008, as recorded in Deed Book 52G, Page 708, Jackson County, Georgia Records, (see also Assignment Of Leases And Rents recorded in Deed Book 52G, Pages 709-715), Jackson County, Georgia Records; the Security Deed secures Note dated April 10, 2008, in the original principal amount of $105,118.61, 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 December, 2008, the following described property and improvements, to wit:
Description
All that tract or parcel of land lying and being in the 255th GMD of Jackson County, Georgia, being Tract 2, consisting of 0.526 acre, as per plat thereof recorded in Plat Book 65, Page 124, Jackson County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to all zoning ordinances, easement and restrictions of record affecting said bargained premises.
Subject to all easements, covenants, and restrictions or record, if any.
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 Terry Pattillo Properties, 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 Terry Pattillo Properties, 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: Terry Pattillo Properties, 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
(NV5,12,19,26P4)
gpn11
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 TERRY PATTILLO PROPERTIES, LLC to NORTHEAST GEORGIA BANK, dated May 17, 2007, recorded May 23, 2007, in Deed Book 48-T, Pages 431-435, records of Jackson County, Georgia, as last modified on March 3, 2008, as recorded in Deed Book 51T, Page 427, Jackson County, Georgia Records; the Security Deed secures Note dated March 3, 2008, in the original principal amount of $91,037.97, 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 December, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract of land lying and being in the State of Georgia and County of Jackson in the City of Commerce on the south side of Cotton Street adjoining lot now or formerly of Hensley and other lots now or formerly of T.C. Hardeman; Beginning on iron pin on Cotton Street on the Hensley Corner and running with the line 200 feet to the back corner, thence 78 degrees, northeast 66 2/3 feet to iron pin, thence parallel with the first line 200 feet to Cotton Street to the iron pin, thence with said street 66 2/3 feet to the beginning corner, containing 32/100 of an acre more or less.
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 Terry Pattillo Properties, 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 Terry Pattillo Properties, 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: Terry Pattillo Properties, 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
(NV5,12,19,26P4)
gpn11
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 TERRY PATTILLO PROPERTIES, LLC to NORTHEAST GEORGIA BANK, dated December 19, 2006, recorded January 2, 2007, in Deed Book 46Z, Pages 671-675, records of Jackson County, Georgia; the Security Deed secures Note dated March 3, 2008, in the original principal amount of $36,372.00, 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 December, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the 255th G.M. District of Jackson County, Georgia, shown as Lot 6, Chandler’s Walk, as per plat of survey prepared by Ingram, Lord & Associates, Georgia Registered Land Surveyor, dated September 26, 2005 and recorded in Plat Book 66, Page 134, Jackson County, Georgia records. Reference is made to said plat of survey for a more complete description of the property.
This conveyance is made subject to all zoning ordinances, easement and restrictions of record affecting said bargained premises.
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 Terry Pattillo Properties, 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 Terry Pattillo Properties, 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: Terry Pattillo Properties, 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
(NV5,12,19,26P4)
gpn11
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 G. FAGIOLI to SUNTRUST MORTGAGE, INC., dated September 28, 2007, recorded in Deed Book 50-H, Page 197, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND AND 0/100 DOLLARS ($134,000.00), 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 December, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, Being Lot 21, Pod R, Traditions of Braselton-Phase 2 Subdivision, as per Plat recorded in Plat Book 66, Pages 48-53, Jackson County Records, said Plat being incorporated herein by reference thereto.
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).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, 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 Matthew G. Fagioli or a tenant or tenants and said property is more commonly known as 21 Traditions of Braselton, 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.
Suntrust Mortgage, Inc. as Attorney in Fact for Matthew G. Fagioli
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/kns 12/2/08
Our file no. 11578608-FT2
(NV5,12,19,26B/12062-50T1P)
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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 CRAIG B. HAYDEN and CAROLYN HAYDEN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for BNC MORTGAGE, INC., dated June 18, 2007, recorded in Deed Book 49-E, Page 583, 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 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 December, 2008, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, 465th G.M. District of Jackson County, Georgia, and being Lot’s 8 in Block “A” of Hunter’s Glen Subdivision, according to a Plat thereof recorded in Plat Book 42, Page(s) 81, in the office of the clerk of the Superior Court of Jackson County, Georgia records, to which Plat reference is made for a more detailed 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 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 Craig B. Hayden and Carolyn Hayden or a tenant or tenants and said property is more commonly known as 139 Hunters Glen, Maysville, Georgia 30558.
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 Craig B. Hayden and Carolyn Hayden
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/qns 12/2/08
Our file no. 11629808-FT3
(NV5,12,19,26B/12062-60T1P)
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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 EVELYN S. MYERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 31, 2007, recorded in Deed Book 50-T, Page 197, Jackson County, Georgia Records, as last transferred to Litton Loan Servicing, L.P. by assignment recorded in Deed Book 53B, Page 491, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-SEVEN THOUSAND TWO HUNDRED FIFTY AND 0/100 DOLLARS ($337,250.00), 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 December, 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 Albert and Evelyn Myers Family Limited Partnership or a tenant or tenants and said property is more commonly known as 28 Perry Court, 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.
Litton Loan Servicing, L.P. as Attorney in Fact for Evelyn S. Myers
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/lr3 12/2/08
Our file no. 51764108-FT12
EXHIBIT A
All that tract or parcel of land lying and being in The 248th G.M. District, Jackson County, Georgia, Being Lot 16, Phase One of Olde Trail Subdivision, as per Plat thereof recorded in Plat Book 68, Pages 47-49, Jackson County, Georgia Records, which recorded Plat is incorporated herein by reference and made a part of this description.
(NV5,12,19,26B/12062-60T1P)
gpn11
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 WILLIAM A. SILVERMAN and LARRY J. SMITH to AME FINANCIAL CORPORATION, dated January 24, 2007, recorded in Deed Book 47-J, Page 56, Jackson County, Georgia Records, as last transferred to EMC Mortgage Corporation 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 FOUR HUNDRED EIGHT THOUSAND AND 0/100 DOLLARS ($408,000.00), 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 December, 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: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William A. Silverman and Larry J. Smith or a tenant or tenants and said property is more commonly known as 215 Ryans Run, 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.
EMC Mortgage Corporation as Attorney in Fact for William A. Silverman and Larry J. Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 12/2/08
Our file no. 52422508-FT7
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, being Lot 22, Phase Three of Wood Farm Subdivision, as per plat thereof recorded in Plat Book 64, Page 69, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(NV5,12,19,26B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by LEGACY SOUTH PROPERTIES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated NOVEMBER 9, 2006, said deed recorded in Jackson County Deed Records at Deed Book 46-K, Page 754, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in December, 2008, during the legal hours of sale, at the Courthouse door in Jackson County, Georgia, 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 Lot 27, Summit Chase East Subdivision, on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 68, Pages 159-161, and is incorporated herein by reference for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of LEGACY SOUTH PROPERTIES, INC. 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 at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for LEGACY SOUTH PROPERTIES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
gpn11
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 SHELBY J. JOY to HERITAGE LENDING & INVESTMENTS, LLL dated February 1, 2008, in the amount of $113,172.00, and recorded in Deed Book 51-M, Page 282, loan modification at Deed Book 52-H, Page 503, 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 December, 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 GMD 455 of Jackson County, Georgia, and consisting of 1.44 acres, more or less, as shown and depicted on that certain plat of survey dated July 21, 1988, prepared of Michael and Shelby Joy by Savage and Associates, RGLS #2305, and which plat of survey is recorded in Plat Book 31, Page 9 of the Jackson County, Georgia Plat Records, and which plat of survey is hereby incorporated herein by reference for a more complete and accurate description of said property. This is the same property referenced in that certain deed recorded in Deed Book 51-F, Page 610 and is also the same property referenced in that certain deed recorded in Deed Book 14-F, Page 612, Jackson County, Georgia Deed Records; together with an immovable and permanent fixture attached thereto, a 2008 Horton 27 x 68 Manufactured Home, Model STP-C1749GC, Serial Number(s) to be determined. Map and Parcel No.: 089-010A.
which has the property address of 4200 Pondfork Church Road, Pendergrass, 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 Shelby J. Joy 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 Shelby J. Joy
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-23423 /FHA
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.
(NV5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By reason of default in the terms and conditions of the Construction Security Deed from HOMECRAFTERS, INC. in favor of STOCK BUILDING SUPPLY, INC. recorded at Deed Book 48-W, Page 782, Fulton County, Georgia Records, the entire indebtedness has been declared due and Stock Building Supply, Inc. as attorney in fact for Homecrafters, Inc. will sell at public outcry in front of the Courthouse door in Jackson County, Georgia, on the first Tuesday in December, 2008, during the legal hours of sale (such sale to continue from day to day thereafter until the property is sold), to the highest bidder for cash, the property described as:
All that tract or parcel of land lying and being in the 248th District, G. M., Jackson County, Georgia, being Lot A-1, Phase I of Scenic Falls of Braselton Subdivision, as per plat thereof recorded in Plat Book 70, Pages 9 - 13, 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.
Said property will be sold as the property of Homecrafters, Inc. and by virtue of the power and authority contained in the aforementioned Construction Security Deed.
Said property will be sold subject: (i) to all unpaid taxes and assessments, if any; and (ii) all easements and restrictions of record senior in priority to the aforementioned deed to secure debt.
Stock Loan Services, LLC Attorney in fact for Homecrafters, Inc.
J. Richard Wilkinson Jr.
Attorney at Law
Six North Parkway Square
4200 Northside Parkway
Atlanta, Georgia 30327
(404) 848 9393
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
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 dated September 29, 2006 (the “Security Agreement”) from COMSTOCK HOMES OF ATLANTA, LLC, a Georgia limited liability company (hereinafter referred to as “Grantor”), to BANK OF AMERICA, N.A., a national banking association (hereinafter referred to as “Grantee”), filed for record in Deed Book 45U, Page 57, in the Office of the Clerk of the Superior Court of Jackson County, Georgia; as modified by that certain Loan Modification Agreement dated December 28, 2006, recorded in Deed Book 47-D, Page 7, aforesaid records (the “First Modification”), by that certain Spreader Agreement dated June 28, 2007, recorded in Deed Book 49-E, Page 512, aforesaid records (the “Spreader Agreement”), and by that certain Loan Modification Agreement dated June 28, 2007, recorded in Deed Book 49-E, Page 526, aforesaid records (the “Second Modification”); the Security Agreement, the First Modification, the Spreader Agreement and the Second Modification collectively known as the “Security Deed”), said Security Deed being given to secure payment of that certain Real Estate Note dated January 16, 2004 given by Grantor in favor of Grantee up to the original principal amount OF SEVEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,500,000.00), as affected by that certain Amendment to Promissory Note dated July 1, 2005, and as further affected by the First Modification and the Second Modification (as amended, the “Note”), as such Note was renewed, extended, and increased in amount, the last such modification being June 28, 2007, 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 December, namely December 2, 2008, the property conveyed by said Security Deed (the “Land”) and described as follows, to-wit:
All that tract or parcel of land lying and being in Minish GMD No. 255, Jackson County, Georgia, being Lots 44, 45, 46, 47, 48, 49 & 50, Brentwood Estates, Phase Three, as per plat recorded at Plat Book 61, page 2, in the Office of the Clerk of the Superior Court of Jackson County, Georgia.
TOGETHER WITH:
All that tract or parcel of land lying and being in Minish GMD No. 255, Jackson County, Georgia, being Lots 58 & 59, Brentwood Estates, Phase Four, as per plat recorded at Plat Book 60, Page 111, in the Office of the Clerk of the Superior Court of Jackson County, Georgia.
Together with all buildings, structures and other improvements located on the premises hereinbefore described, or any part and parcel thereof; and
Together with all rights, title and interest of Grantor in and to the minerals, flowers, shrubs, crops, trees, timber and other emblements on said property or above the same or any part or parcel thereof; and
Together with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same and of, in and to every part and parcel thereof; and
Together with all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said property and including all trade domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”) located in, upon or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor, including, but without limiting the generality of the foregoing, all heating, air-conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings, screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings in commercial, institutional and industrial buildings; together with all building materials and equipment delivered to the premises and intended to be installed therein; together with all additions thereto and replacements thereof; and
Together with any and all rents which are now due or may hereafter become due by reason of the renting, leasing and bailment of property improvements thereon and Equipment; and
Together with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the premises (all the foregoing together with the above described Land, the “Property”).
Because of the default in the payment of the installments due under the Note which the Security Deed was given to secure, the Property will be sold as the property of Grantor to satisfy the indebtedness evidenced by the Note together with the cost of said sale, including attorney’s fees, notice having been given pursuant to the Official Code of Georgia Annotated Section 13-1-11. At the election of Grantee, the Property may be sold in one parcel and as an entirety, or in such parcels, manner or order as Grantee, in its sole discretion may elect, and one or more exercises of the powers granted in the Security Deed shall not extinguish or exhaust the powers granted in the Security Deed unless the entire Property is sold or the secured indebtedness is paid in full.
To the best of the undersigned’s knowledge and belief, the party in possession of said Property is Grantor, or tenants claiming by, through or under Grantor. The above referenced Property is located in Minish GMD No. 255 of Jackson County, Georgia; however, the exact address of such property is unknown.
The Property will be sold subject to all liens, encumbrances, easements and other matters of record, if any, to which the Security Deed is junior and inferior in terms of priority, and subject to any and all unpaid taxes or assessments relating to the Property.
Bank of America, N.A., a national banking association, as attorney-in-fact for Comstock Homes of Atlanta, LLC
Valerie L. Combs, Esq.
Troutman Sanders LLP
600 Peachtree Street, N.E.
Suite 5200
Atlanta, Georgia 30308
404-885-2744
Attorneys for Bank of America, N.A.
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
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 dated June 23, 2005 (the “Security Agreement”) from PARKER-CHANDLER HOMES, INC., a Georgia corporation, predecessor by merger to PCH Development, LLC, a Georgia limited liability company, predecessor by name change to Comstock Homes of Atlanta, LLC, a Georgia limited liability company (hereinafter referred to as “Grantor”), to BANK OF AMERICA, N.A., a national banking association (hereinafter referred to as “Grantee”), filed for record in Deed Book 39-U, Page 783, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, as modified by that certain Loan Modification Agreement dated December 28, 2006, recorded in Deed Book 47-D, Page 7, aforesaid records (the “First Modification”), by that certain Spreader Agreement dated June 28, 2007, recorded in Deed Book 49-E, Page 512, aforesaid records (the “Spreader Agreement”), and by that certain Loan Modification Agreement dated June 28, 2007, recorded in Deed Book 49-E, Page 526, aforesaid records (the “Second Modification”); the Security Agreement, the First Modification, the Spreader Agreement and the Second Modification collectively known as the “Security Deed”); said Security Deed being given to secure payment of that certain Real Estate Note dated January 16, 2004 given by Grantor in favor of Grantee up to the original principal amount of Seven Million Five Hundred Thousand and No/100 Dollars ($7,500,000.00), as affected by that certain Amendment to Promissory Note dated July 1, 2005, and as further affected by Modification and the Second Mofication (as amended, the “Note”), as such Note was renewed, extended, and increased in amount, the last such modification being June 28, 2007, 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 December, namely December 2, 2008, the property conveyed by said Security Deed (the “Land”) and described as follows, to-wit:
All that tract or parcel of land lying and being in Minish GMD No. 255, Jackson County, Georgia, being Lot 67, Brentwood Estates, Phase Four, as per plat recorded in Plat Book 60, page 111, in the Office of the Clerk of the Superior Court of Jackson County, Georgia.
Together with all buildings, structures and other improvements located on the premises hereinbefore described, or any part and parcel thereof; and
Together with all rights, title and interest of Grantor in and to the minerals, flowers, shrubs, crops, trees, timber and other emblements on said property or above the same or any part or parcel thereof; and
Together with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same and of, in and to every part and parcel thereof; and
Together with all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said property and including all trade domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”) located in, upon or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor, including, but without limiting the generality of the foregoing, all heating, air-conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings, screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings in commercial, institutional and industrial buildings; together with all building materials and equipment delivered to the premises and intended to be installed therein; together with all additions thereto and replacements thereof; and
Together with any and all rents which are now due or may hereafter become due by reason of the renting, leasing and bailment of property improvements thereon and Equipment; and
Together with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the premises (all the foregoing together with the above described Land, the “Property”).
Because of the default in the payment of the installments due under the Note which the Security Deed was given to secure, the Property will be sold as the property of Grantor to satisfy the indebtedness evidenced by the Note together with the cost of said sale, including attorney’s fees, notice having been given pursuant to the Official Code of Georgia Annotated Section 13-1-11. At the election of Grantee, the Property may be sold in one parcel and as an entirety, or in such parcels, manner or order as Grantee, in its sole discretion may elect, and one or more exercises of the powers granted in the Security Deed shall not extinguish or exhaust the powers granted in the Security Deed unless the entire Property is sold or the secured indebtedness is paid in full.
To the best of the undersigned’s knowledge and belief, the party in possession of said Property is Grantor, or tenants claiming by, through or under Grantor. The above referenced Property is located in Minish GMD No. 255 of Jackson County, Georgia; however, the exact address of such property is unknown.
The Property will be sold subject to all liens, encumbrances, easements and other matters of record, if any, to which the Security Deed is junior and inferior in terms of priority, and subject to any and all unpaid taxes or assessments relating to the Property.
Bank of America, N.A., a national banking association, as attorney-in-fact for Parker-Chandler Homes, Inc., predecessor by merger to Comstock Homes of Atlanta, LLC
Valerie L. Combs, Esq.
Troutman Sanders LLP
600 Peachtree Street, N.E.
Suite 5200
Atlanta, Georgia 30308
404-885-2744
Attorneys for Bank of America, N.A.
(NV5,12,19,26P4)
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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 Real Estate Deed to Secure Debt executed by DANIEL HAROLD McDONALD and HAROLD McDONALD to CAPITAL MORTGAGE CORPORATION, dated February 1, 2008, and recorded in Deed Book 0051-W, Pages 72-74, as assigned to RBC Centura Bank per that certain Transfer and Assignment of Notes, Deed to Secure Debt and Other Collateral Loan Documents recorded in Deed Book 0052-D, Pages 731-732, as assigned to Capital Mortgage Corporation per that certain Transfer and Assignment recorded in Deed Book 53-L, Pages 783-784, Jackson County Records, securing a Note in the original principal amount of $99,213.28, 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 of December, 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 455th District, G.M., State of Georgia, County of Jackson, being Lot No. 132 of Section 2, Pleasant Acres Subdivision as per plat recorded in Plat Book 9, Page 200, Office of the Clerk of Superior Court of Jackson County, Georgia, said plat being incorporated herein by reference. For a more detailed description to said lot, reference is hereby made to said plat as recorded.
Also conveyed herewith is a 1999 Palm Harbor 28 x 60 manufactured home, Serial Number PH164583AB, which is permanently attached to and made a part of the real property.
Said property is known as 73 Hickory Way, Maysville, GA 30528, 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 Daniel Harold McDonald and Harold McDonald, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession Daniel Harold McDonald and Harold McDonald, 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.
Capital Mortgage Corporation, Assignee, as Attorney-in-Fact for Daniel Harold McDonald and Harold McDonald
File No. __
Ralph L. Taylor, III
Buckley King, L.P.A.*
2160 Morningside Drive
Suite 200
Buford, GA 30518
770-831-7770
*THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
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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 Deed to Secure Debt given by JIM P. ARDUINO and SHARON M. ARDUINO to CHASE MANHATTAN MORTGAGE CORPORATION, dated 12/27/2002, and Recorded on 01/09/2003 as Book No. 28-T and Pages No. 383-402, JACKSON County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $77,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the JACKSON County Courthouse within the legal hours of sale on the first Tuesday in December, 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 of Lot 22, Block B, 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 Surveyors, 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 Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43224, 800-446-8939. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 821 IVY CREEK DR, NICHOLSON, GEORGIA 30565 is/are: JIM P. ARDUINO AND SHARON M. ARDUINO or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION as Attorney in Fact for JIM P. ARDUINO AND SHARON M. ARDUINO.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20080073401355
BARRETT, DAFFIN & FRAPPIER, L.L.P.
4004 Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
(NV5,12,19,26P4)
[Full Story »]
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 ALVIN R. SMITH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated August 26, 2005, in the amount of $125,000.00, and recorded in Deed Book 40-L, Page 468, 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 December, 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 242 G.M.D., Jackson County, Georgia, and being known and designated as Lot 1 more particularly shown on a survey entitled Survey for Oak Hill Subdivision prepared by Venable and Associates, Inc., Surveyors, dated February 25, 2000. Said plat is recorded in Plat Book 57, Pages 71 and 72, Office of the Clerk of Superior Court of Jackson County, Georgia, and reference is hereby made to said plat for a more complete description of the property. Subject to the Declaration of Protective Covenants for Big Oaks Subdivision recorded in Deed Book 221, at Pages 143-149, Jackson County Records.
which has the property address of 209 Oak Hill Drive, 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 Alvin R. Smith 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 Alvin R. Smith
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-24909 /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.
(NV5,12,19,26B/1325-50)
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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 382, Jackson County, Georgia Records, re-recorded July 14, 2006, in Deed Book 44-Q, Page 429, Jackson County, Georgia Records, as re-recorded September 22, 2008, in Deed Book 53-H, Page 244, Jackson County, Georgia Records, 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., 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 December, 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-51, 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-00622
(NV5,12,19,26B/16022-70T1P)
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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 TERRY PATTILLO PROPERTIES, LLC to NORTHEAST GEORGIA BANK, dated April 27, 2006, recorded May 2, 2006, in Deed Book 43-Q, Pages 527-531, records of Jackson County, Georgia, as last modified on April 14, 2008, as recorded in Deed Book 52-G, Page 88, Jackson County, Georgia Records (See also Assignment Of Leases And Rents, recorded in Deed Book 52-G, Pages 81-87, Jackson County, Georgia Records), the Security Deed secures Note dated April 14, 2008, in the original principal amount of $59,434.53, 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 December, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the City of Commerce, Jackson County, Georgia, Minish District 255th, more particularly described as follows: BEGINNING at a point on Wood Street at J.W. Harris corner, thence along line of J.W. Harris and then Alfus R. Pittman line south 9 1/2 west 3.70 to corner of Alfus R. Pittman and Ben Hood; thence along Ben Hood line South 80 1/2 east 1.00 to corner of Dupree Nix; thence along line of Dupree Nix north 9 1/2 east 3.70 to corner of Dupree Nix on Wood Street; thence along Wood Street north 80 1/2 west 1.00 to the beginning corner. Bounded on the north by Wood Street, on the east by Dupree Nix, on the south by Ben Hood lot, and on the west by Alfus R. Pittman and J.W. Harris lots. This is the same property which is described in an Executors’ Deed Under Authority of Will, dated February 18, 1983, recorded in Deed Book 8-I, Pages 183-184, Jackson County Records.
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 Terry Pattillo Properties, 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 Terry Pattillo Properties, 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: Terry Pattillo Properties, 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
(NV5,12,19,26P4)
gpn-11
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 TERRY PATTILLO PROPERTIES, LLC to NORTHEAST GEORGIA BANK, dated June 9, 2006, recorded June 12, 2006 in Deed Book 44F, Pages 652-655, records of Jackson County, Georgia, as last modified on April 10, 2008, as recorded in Deed Book 52G, Page 708, Jackson County, Georgia Records, (see also Assignment Of Leases And Rents recorded in Deed Book 52G, Pages 709-715), Jackson County, Georgia Records; the Security Deed secures Note dated April 10, 2008, in the original principal amount of $105,118.61, 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 December, 2008, the following described property and improvements, to wit:
Description
All that tract or parcel of land lying and being in the 255th GMD of Jackson County, Georgia, being Tract 2, consisting of 0.526 acre, as per plat thereof recorded in Plat Book 65, Page 124, Jackson County, Georgia records, which plat is incorporated herein and made a part hereof by reference for a more detailed description.
This conveyance is made subject to all zoning ordinances, easement and restrictions of record affecting said bargained premises.
Subject to all easements, covenants, and restrictions or record, if any.
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 Terry Pattillo Properties, 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 Terry Pattillo Properties, 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: Terry Pattillo Properties, 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
(NV5,12,19,26P4)
gpn11
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 TERRY PATTILLO PROPERTIES, LLC to NORTHEAST GEORGIA BANK, dated May 17, 2007, recorded May 23, 2007, in Deed Book 48-T, Pages 431-435, records of Jackson County, Georgia, as last modified on March 3, 2008, as recorded in Deed Book 51T, Page 427, Jackson County, Georgia Records; the Security Deed secures Note dated March 3, 2008, in the original principal amount of $91,037.97, 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 December, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract of land lying and being in the State of Georgia and County of Jackson in the City of Commerce on the south side of Cotton Street adjoining lot now or formerly of Hensley and other lots now or formerly of T.C. Hardeman; Beginning on iron pin on Cotton Street on the Hensley Corner and running with the line 200 feet to the back corner, thence 78 degrees, northeast 66 2/3 feet to iron pin, thence parallel with the first line 200 feet to Cotton Street to the iron pin, thence with said street 66 2/3 feet to the beginning corner, containing 32/100 of an acre more or less.
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 Terry Pattillo Properties, 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 Terry Pattillo Properties, 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: Terry Pattillo Properties, 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
(NV5,12,19,26P4)
gpn11
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 TERRY PATTILLO PROPERTIES, LLC to NORTHEAST GEORGIA BANK, dated December 19, 2006, recorded January 2, 2007, in Deed Book 46Z, Pages 671-675, records of Jackson County, Georgia; the Security Deed secures Note dated March 3, 2008, in the original principal amount of $36,372.00, 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 December, 2008, the following described property and improvements, to wit:
DESCRIPTION
All that tract or parcel of land lying and being in the 255th G.M. District of Jackson County, Georgia, shown as Lot 6, Chandler’s Walk, as per plat of survey prepared by Ingram, Lord & Associates, Georgia Registered Land Surveyor, dated September 26, 2005 and recorded in Plat Book 66, Page 134, Jackson County, Georgia records. Reference is made to said plat of survey for a more complete description of the property.
This conveyance is made subject to all zoning ordinances, easement and restrictions of record affecting said bargained premises.
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 Terry Pattillo Properties, 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 Terry Pattillo Properties, 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: Terry Pattillo Properties, 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
(NV5,12,19,26P4)
gpn11
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 G. FAGIOLI to SUNTRUST MORTGAGE, INC., dated September 28, 2007, recorded in Deed Book 50-H, Page 197, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED THIRTY-FOUR THOUSAND AND 0/100 DOLLARS ($134,000.00), 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 December, 2008, the following described property:
All that tract or parcel of land lying and being in GMD 248, Jackson County, Georgia, Being Lot 21, Pod R, Traditions of Braselton-Phase 2 Subdivision, as per Plat recorded in Plat Book 66, Pages 48-53, Jackson County Records, said Plat being incorporated herein by reference thereto.
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).
Suntrust Mortgage, Inc. can be contacted at 866-384-0903 or by writing to 1001 Semmes Avenue, Richmond, VA 23224, 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 Matthew G. Fagioli or a tenant or tenants and said property is more commonly known as 21 Traditions of Braselton, 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.
Suntrust Mortgage, Inc. as Attorney in Fact for Matthew G. Fagioli
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/kns 12/2/08
Our file no. 11578608-FT2
(NV5,12,19,26B/12062-50T1P)
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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 CRAIG B. HAYDEN and CAROLYN HAYDEN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for BNC MORTGAGE, INC., dated June 18, 2007, recorded in Deed Book 49-E, Page 583, 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 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 December, 2008, the following described property:
All that tract or parcel of land lying and being in the City of Maysville, 465th G.M. District of Jackson County, Georgia, and being Lot’s 8 in Block “A” of Hunter’s Glen Subdivision, according to a Plat thereof recorded in Plat Book 42, Page(s) 81, in the office of the clerk of the Superior Court of Jackson County, Georgia records, to which Plat reference is made for a more detailed 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 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 Craig B. Hayden and Carolyn Hayden or a tenant or tenants and said property is more commonly known as 139 Hunters Glen, Maysville, Georgia 30558.
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 Craig B. Hayden and Carolyn Hayden
Morris, Schneider, Prior, Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/qns 12/2/08
Our file no. 11629808-FT3
(NV5,12,19,26B/12062-60T1P)
gpn11
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 EVELYN S. MYERS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated October 31, 2007, recorded in Deed Book 50-T, Page 197, Jackson County, Georgia Records, as last transferred to Litton Loan Servicing, L.P. by assignment recorded in Deed Book 53B, Page 491, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-SEVEN THOUSAND TWO HUNDRED FIFTY AND 0/100 DOLLARS ($337,250.00), 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 December, 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 Albert and Evelyn Myers Family Limited Partnership or a tenant or tenants and said property is more commonly known as 28 Perry Court, 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.
Litton Loan Servicing, L.P. as Attorney in Fact for Evelyn S. Myers
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/lr3 12/2/08
Our file no. 51764108-FT12
EXHIBIT A
All that tract or parcel of land lying and being in The 248th G.M. District, Jackson County, Georgia, Being Lot 16, Phase One of Olde Trail Subdivision, as per Plat thereof recorded in Plat Book 68, Pages 47-49, Jackson County, Georgia Records, which recorded Plat is incorporated herein by reference and made a part of this description.
(NV5,12,19,26B/12062-60T1P)
gpn11
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 WILLIAM A. SILVERMAN and LARRY J. SMITH to AME FINANCIAL CORPORATION, dated January 24, 2007, recorded in Deed Book 47-J, Page 56, Jackson County, Georgia Records, as last transferred to EMC Mortgage Corporation 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 FOUR HUNDRED EIGHT THOUSAND AND 0/100 DOLLARS ($408,000.00), 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 December, 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: EMC Mortgage Corporation, 800 State Highway 121 Bypass, Lewisville, TX 75067, 1-888-577-4011. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is William A. Silverman and Larry J. Smith or a tenant or tenants and said property is more commonly known as 215 Ryans Run, 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.
EMC Mortgage Corporation as Attorney in Fact for William A. Silverman and Larry J. Smith
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 12/2/08
Our file no. 52422508-FT7
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, being Lot 22, Phase Three of Wood Farm Subdivision, as per plat thereof recorded in Plat Book 64, Page 69, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
(NV5,12,19,26B/12062-60T1P)
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Notice of Sale
Notice of Sale Under Power in Security Deed
State of Georgia
County of Jackson
Because of default in the payment of the indebtedness secured by a Security Deed executed by LEGACY SOUTH PROPERTIES, INC., Grantor, to PEOPLES BANK & TRUST, Grantee, dated NOVEMBER 9, 2006, said deed recorded in Jackson County Deed Records at Deed Book 46-K, Page 754, the undersigned, PEOPLES BANK & TRUST, pursuant to said deed and the Note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed will, on the first Tuesday in December, 2008, during the legal hours of sale, at the Courthouse door in Jackson County, Georgia, 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 Lot 27, Summit Chase East Subdivision, on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 68, Pages 159-161, and is incorporated herein by reference for a more complete description.
Said property will be sold together with any and all fixtures and personal property conveyed by said deed. The sale will be held subject to any unpaid taxes or other assessments which may be liens against said property; all prior protective or restrictive covenants, rights-of-way, and easements; and all rights of the Internal Revenue Service as applicable; and any other matters of record superior to the PEOPLES BANK & TRUST Security Deed.
Notice has been given of intention to collect attorney fees in accordance with the terms of the Note secured by said deed.
Said property will be sold as the property of LEGACY SOUTH PROPERTIES, INC. 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 at said sale as provided in the aforementioned Security Deed.
PEOPLES BANK & TRUST, as Attorney-in-Fact for LEGACY SOUTH PROPERTIES, INC.
Jery N. Kilgore
Garner & Kilgore
16 S. Harris Street
P.O. Box 602
Buford, Georgia 30515
(770) 945-1294
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
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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 SHELBY J. JOY to HERITAGE LENDING & INVESTMENTS, LLL dated February 1, 2008, in the amount of $113,172.00, and recorded in Deed Book 51-M, Page 282, loan modification at Deed Book 52-H, Page 503, 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 December, 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 GMD 455 of Jackson County, Georgia, and consisting of 1.44 acres, more or less, as shown and depicted on that certain plat of survey dated July 21, 1988, prepared of Michael and Shelby Joy by Savage and Associates, RGLS #2305, and which plat of survey is recorded in Plat Book 31, Page 9 of the Jackson County, Georgia Plat Records, and which plat of survey is hereby incorporated herein by reference for a more complete and accurate description of said property. This is the same property referenced in that certain deed recorded in Deed Book 51-F, Page 610 and is also the same property referenced in that certain deed recorded in Deed Book 14-F, Page 612, Jackson County, Georgia Deed Records; together with an immovable and permanent fixture attached thereto, a 2008 Horton 27 x 68 Manufactured Home, Model STP-C1749GC, Serial Number(s) to be determined. Map and Parcel No.: 089-010A.
which has the property address of 4200 Pondfork Church Road, Pendergrass, 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 Shelby J. Joy 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 Shelby J. Joy
Anthony DeMarlo, Attorney/ajackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-23423 /FHA
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.
(NV5,12,19,26B/1325-60)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
By reason of default in the terms and conditions of the Construction Security Deed from HOMECRAFTERS, INC. in favor of STOCK BUILDING SUPPLY, INC. recorded at Deed Book 48-W, Page 782, Fulton County, Georgia Records, the entire indebtedness has been declared due and Stock Building Supply, Inc. as attorney in fact for Homecrafters, Inc. will sell at public outcry in front of the Courthouse door in Jackson County, Georgia, on the first Tuesday in December, 2008, during the legal hours of sale (such sale to continue from day to day thereafter until the property is sold), to the highest bidder for cash, the property described as:
All that tract or parcel of land lying and being in the 248th District, G. M., Jackson County, Georgia, being Lot A-1, Phase I of Scenic Falls of Braselton Subdivision, as per plat thereof recorded in Plat Book 70, Pages 9 - 13, 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.
Said property will be sold as the property of Homecrafters, Inc. and by virtue of the power and authority contained in the aforementioned Construction Security Deed.
Said property will be sold subject: (i) to all unpaid taxes and assessments, if any; and (ii) all easements and restrictions of record senior in priority to the aforementioned deed to secure debt.
Stock Loan Services, LLC Attorney in fact for Homecrafters, Inc.
J. Richard Wilkinson Jr.
Attorney at Law
Six North Parkway Square
4200 Northside Parkway
Atlanta, Georgia 30327
(404) 848 9393
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
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 dated September 29, 2006 (the “Security Agreement”) from COMSTOCK HOMES OF ATLANTA, LLC, a Georgia limited liability company (hereinafter referred to as “Grantor”), to BANK OF AMERICA, N.A., a national banking association (hereinafter referred to as “Grantee”), filed for record in Deed Book 45U, Page 57, in the Office of the Clerk of the Superior Court of Jackson County, Georgia; as modified by that certain Loan Modification Agreement dated December 28, 2006, recorded in Deed Book 47-D, Page 7, aforesaid records (the “First Modification”), by that certain Spreader Agreement dated June 28, 2007, recorded in Deed Book 49-E, Page 512, aforesaid records (the “Spreader Agreement”), and by that certain Loan Modification Agreement dated June 28, 2007, recorded in Deed Book 49-E, Page 526, aforesaid records (the “Second Modification”); the Security Agreement, the First Modification, the Spreader Agreement and the Second Modification collectively known as the “Security Deed”), said Security Deed being given to secure payment of that certain Real Estate Note dated January 16, 2004 given by Grantor in favor of Grantee up to the original principal amount OF SEVEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,500,000.00), as affected by that certain Amendment to Promissory Note dated July 1, 2005, and as further affected by the First Modification and the Second Modification (as amended, the “Note”), as such Note was renewed, extended, and increased in amount, the last such modification being June 28, 2007, 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 December, namely December 2, 2008, the property conveyed by said Security Deed (the “Land”) and described as follows, to-wit:
All that tract or parcel of land lying and being in Minish GMD No. 255, Jackson County, Georgia, being Lots 44, 45, 46, 47, 48, 49 & 50, Brentwood Estates, Phase Three, as per plat recorded at Plat Book 61, page 2, in the Office of the Clerk of the Superior Court of Jackson County, Georgia.
TOGETHER WITH:
All that tract or parcel of land lying and being in Minish GMD No. 255, Jackson County, Georgia, being Lots 58 & 59, Brentwood Estates, Phase Four, as per plat recorded at Plat Book 60, Page 111, in the Office of the Clerk of the Superior Court of Jackson County, Georgia.
Together with all buildings, structures and other improvements located on the premises hereinbefore described, or any part and parcel thereof; and
Together with all rights, title and interest of Grantor in and to the minerals, flowers, shrubs, crops, trees, timber and other emblements on said property or above the same or any part or parcel thereof; and
Together with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same and of, in and to every part and parcel thereof; and
Together with all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said property and including all trade domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”) located in, upon or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor, including, but without limiting the generality of the foregoing, all heating, air-conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings, screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings in commercial, institutional and industrial buildings; together with all building materials and equipment delivered to the premises and intended to be installed therein; together with all additions thereto and replacements thereof; and
Together with any and all rents which are now due or may hereafter become due by reason of the renting, leasing and bailment of property improvements thereon and Equipment; and
Together with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the premises (all the foregoing together with the above described Land, the “Property”).
Because of the default in the payment of the installments due under the Note which the Security Deed was given to secure, the Property will be sold as the property of Grantor to satisfy the indebtedness evidenced by the Note together with the cost of said sale, including attorney’s fees, notice having been given pursuant to the Official Code of Georgia Annotated Section 13-1-11. At the election of Grantee, the Property may be sold in one parcel and as an entirety, or in such parcels, manner or order as Grantee, in its sole discretion may elect, and one or more exercises of the powers granted in the Security Deed shall not extinguish or exhaust the powers granted in the Security Deed unless the entire Property is sold or the secured indebtedness is paid in full.
To the best of the undersigned’s knowledge and belief, the party in possession of said Property is Grantor, or tenants claiming by, through or under Grantor. The above referenced Property is located in Minish GMD No. 255 of Jackson County, Georgia; however, the exact address of such property is unknown.
The Property will be sold subject to all liens, encumbrances, easements and other matters of record, if any, to which the Security Deed is junior and inferior in terms of priority, and subject to any and all unpaid taxes or assessments relating to the Property.
Bank of America, N.A., a national banking association, as attorney-in-fact for Comstock Homes of Atlanta, LLC
Valerie L. Combs, Esq.
Troutman Sanders LLP
600 Peachtree Street, N.E.
Suite 5200
Atlanta, Georgia 30308
404-885-2744
Attorneys for Bank of America, N.A.
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
Contained in Security Deed
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 dated June 23, 2005 (the “Security Agreement”) from PARKER-CHANDLER HOMES, INC., a Georgia corporation, predecessor by merger to PCH Development, LLC, a Georgia limited liability company, predecessor by name change to Comstock Homes of Atlanta, LLC, a Georgia limited liability company (hereinafter referred to as “Grantor”), to BANK OF AMERICA, N.A., a national banking association (hereinafter referred to as “Grantee”), filed for record in Deed Book 39-U, Page 783, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, as modified by that certain Loan Modification Agreement dated December 28, 2006, recorded in Deed Book 47-D, Page 7, aforesaid records (the “First Modification”), by that certain Spreader Agreement dated June 28, 2007, recorded in Deed Book 49-E, Page 512, aforesaid records (the “Spreader Agreement”), and by that certain Loan Modification Agreement dated June 28, 2007, recorded in Deed Book 49-E, Page 526, aforesaid records (the “Second Modification”); the Security Agreement, the First Modification, the Spreader Agreement and the Second Modification collectively known as the “Security Deed”); said Security Deed being given to secure payment of that certain Real Estate Note dated January 16, 2004 given by Grantor in favor of Grantee up to the original principal amount of Seven Million Five Hundred Thousand and No/100 Dollars ($7,500,000.00), as affected by that certain Amendment to Promissory Note dated July 1, 2005, and as further affected by Modification and the Second Mofication (as amended, the “Note”), as such Note was renewed, extended, and increased in amount, the last such modification being June 28, 2007, 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 December, namely December 2, 2008, the property conveyed by said Security Deed (the “Land”) and described as follows, to-wit:
All that tract or parcel of land lying and being in Minish GMD No. 255, Jackson County, Georgia, being Lot 67, Brentwood Estates, Phase Four, as per plat recorded in Plat Book 60, page 111, in the Office of the Clerk of the Superior Court of Jackson County, Georgia.
Together with all buildings, structures and other improvements located on the premises hereinbefore described, or any part and parcel thereof; and
Together with all rights, title and interest of Grantor in and to the minerals, flowers, shrubs, crops, trees, timber and other emblements on said property or above the same or any part or parcel thereof; and
Together with all and singular the tenements, hereditaments, easements and appurtenances thereunto belonging or in any wise appertaining, and the reversion or reversions, remainder and remainders, rents, issues and profits thereof; and also all the estate, right, title, interest, claim and demand whatsoever of Grantor of, in and to the same and of, in and to every part and parcel thereof; and
Together with all machinery, apparatus, equipment, fittings, fixtures, whether actually or constructively attached to said property and including all trade domestic and ornamental fixtures, and articles of personal property of every kind and nature whatsoever (hereinafter collectively called “Equipment”) located in, upon or under said property or any part thereof and used or usable in connection with any present or future operation of said property and now owned or hereafter acquired by Grantor, including, but without limiting the generality of the foregoing, all heating, air-conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating and communications apparatus; boilers, ranges, furnaces oil burners or units thereof; appliances; air-cooling and air-conditioning apparatus; vacuum cleaning systems; elevators; escalators; shades; awnings, screens; storm doors and windows; stoves; wall beds; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; furniture and furnishings in commercial, institutional and industrial buildings; together with all building materials and equipment delivered to the premises and intended to be installed therein; together with all additions thereto and replacements thereof; and
Together with any and all rents which are now due or may hereafter become due by reason of the renting, leasing and bailment of property improvements thereon and Equipment; and
Together with any and all awards or payments, including interest thereon, and the right to receive the same, as a result of (a) the exercise of the right of eminent domain, (b) the alteration of the grade of any street, or (c) any other injury to, taking of, or decrease in the value of, the premises (all the foregoing together with the above described Land, the “Property”).
Because of the default in the payment of the installments due under the Note which the Security Deed was given to secure, the Property will be sold as the property of Grantor to satisfy the indebtedness evidenced by the Note together with the cost of said sale, including attorney’s fees, notice having been given pursuant to the Official Code of Georgia Annotated Section 13-1-11. At the election of Grantee, the Property may be sold in one parcel and as an entirety, or in such parcels, manner or order as Grantee, in its sole discretion may elect, and one or more exercises of the powers granted in the Security Deed shall not extinguish or exhaust the powers granted in the Security Deed unless the entire Property is sold or the secured indebtedness is paid in full.
To the best of the undersigned’s knowledge and belief, the party in possession of said Property is Grantor, or tenants claiming by, through or under Grantor. The above referenced Property is located in Minish GMD No. 255 of Jackson County, Georgia; however, the exact address of such property is unknown.
The Property will be sold subject to all liens, encumbrances, easements and other matters of record, if any, to which the Security Deed is junior and inferior in terms of priority, and subject to any and all unpaid taxes or assessments relating to the Property.
Bank of America, N.A., a national banking association, as attorney-in-fact for Parker-Chandler Homes, Inc., predecessor by merger to Comstock Homes of Atlanta, LLC
Valerie L. Combs, Esq.
Troutman Sanders LLP
600 Peachtree Street, N.E.
Suite 5200
Atlanta, Georgia 30308
404-885-2744
Attorneys for Bank of America, N.A.
(NV5,12,19,26P4)
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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 Real Estate Deed to Secure Debt executed by DANIEL HAROLD McDONALD and HAROLD McDONALD to CAPITAL MORTGAGE CORPORATION, dated February 1, 2008, and recorded in Deed Book 0051-W, Pages 72-74, as assigned to RBC Centura Bank per that certain Transfer and Assignment of Notes, Deed to Secure Debt and Other Collateral Loan Documents recorded in Deed Book 0052-D, Pages 731-732, as assigned to Capital Mortgage Corporation per that certain Transfer and Assignment recorded in Deed Book 53-L, Pages 783-784, Jackson County Records, securing a Note in the original principal amount of $99,213.28, 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 of December, 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 455th District, G.M., State of Georgia, County of Jackson, being Lot No. 132 of Section 2, Pleasant Acres Subdivision as per plat recorded in Plat Book 9, Page 200, Office of the Clerk of Superior Court of Jackson County, Georgia, said plat being incorporated herein by reference. For a more detailed description to said lot, reference is hereby made to said plat as recorded.
Also conveyed herewith is a 1999 Palm Harbor 28 x 60 manufactured home, Serial Number PH164583AB, which is permanently attached to and made a part of the real property.
Said property is known as 73 Hickory Way, Maysville, GA 30528, 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 Daniel Harold McDonald and Harold McDonald, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession Daniel Harold McDonald and Harold McDonald, 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.
Capital Mortgage Corporation, Assignee, as Attorney-in-Fact for Daniel Harold McDonald and Harold McDonald
File No. __
Ralph L. Taylor, III
Buckley King, L.P.A.*
2160 Morningside Drive
Suite 200
Buford, GA 30518
770-831-7770
*THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
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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 Deed to Secure Debt given by JIM P. ARDUINO and SHARON M. ARDUINO to CHASE MANHATTAN MORTGAGE CORPORATION, dated 12/27/2002, and Recorded on 01/09/2003 as Book No. 28-T and Pages No. 383-402, JACKSON County, Georgia Records, as last assigned to CHASE HOME FINANCE, LLC SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION, by assignment, conveying the after-described property to secure a Note of even date in the original principal amount of $77,500.00, with interest at the rate specified therein, there will be sold by the undersigned at public outcry to the highest bidder for cash at the JACKSON County Courthouse within the legal hours of sale on the first Tuesday in December, 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 of Lot 22, Block B, 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 Surveyors, 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 Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Deed to Secure Debt. Because the debt remains in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Deed to Secure Debt and by law, including attorney’s fees (notice of intent to collect attorney’s fees having been given).
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: CHASE HOME FINANCE, LLC, 3415 VISION DRIVE, Foreclosure, COLUMBUS, OH 43224, 800-446-8939. Please understand that the secured creditor is not required to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party/parties in possession of the subject property known as 821 IVY CREEK DR, NICHOLSON, GEORGIA 30565 is/are: JIM P. ARDUINO AND SHARON M. ARDUINO or tenant/tenants.
Said property will be sold subject to (a) any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), (b) any matters which might be disclosed by an accurate survey and inspection of the property, and (c) all matters of record superior to the Deed to Secure Debt first set out above, including, but not limited to, assessments, liens, encumbrances, zoning ordinances, easements, restrictions, covenants, etc.
The sale will be conducted subject to (1) confirmation that the sale is not prohibited under the U.S. Bankruptcy Code; and (2) final confirmation and audit of the status of the loan with the holder of the security deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph.
CHASE HOME FINANCE, LLC SUCCESSOR BY MERGER TO CHASE MANHATTAN MORTGAGE CORPORATION as Attorney in Fact for JIM P. ARDUINO AND SHARON M. ARDUINO.
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
20080073401355
BARRETT, DAFFIN & FRAPPIER, L.L.P.
4004 Beltline, Building 2, Suite 100
Addison, Texas 75001-4417
Telephone: (972) 341-5398.
(NV5,12,19,26P4)
[Full Story »]
Jackson County Public Notices 11-26-2008 pt 1
Friday, November 28. 2008
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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 20, 2006, filed on June 28, 2006, in Deed Book 44-L, Page 613, 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 48B, Page 481, 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 20, 2006, from Grantor to Lender in the original principal amount of $260,000.00, as amended from time to time, in order to, among other things, decrease the original principal amount to $57,634.17 (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 December, 2008, to wit: December 2, 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 86, 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
(NV5,12,19,26N/C)
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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 WILLARD A. BRADLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HARBOURTON MORTGAGE INVESTMENT CORPORATION ISAOA, dated October 30, 2006, recorded in Deed Book 46-M, Page 656, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of TWO HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($240,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan, LLC, 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 December 2008 the following described property:
The following described real property situate in the City of Jefferson, County of Jackson, and State of Georgia, to wit:
All that tract or parcel of land lying and being in 245 G.M.D., Jackson County Georgia, designated as Lot 64 as shown on plat and survey of Wood Farms, Phase I, as shown on plat and survey of Wood Brothers Land Surveyors, Inc., dated December 17, 2003, recorded in the office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 62, at Page 148. For a more detailed description, reference is hereby made to said plat as recorded.
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 attorney’s 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 knowledge and belief of the undersigned, the party in possession of the property is Willard A. Bradley or a tenant or tenants, and said property is more commonly known as 107 Wood Cove, Jefferson, GA 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Willard A. Bradley
Contact: Crystal Trahan
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta ,GA 30303
(404) 681-5826
File No. F08.03.270
THIS LAW FIRM IS ATTAMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Jackson County
By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from ROYCE HOMES - ATLANTA, LLC, a Delaware limited liability company (“Borrower”), to RBC Bank (USA), a North Carolina banking corporation, formerly known as RBC CENTURA BANK, a North Carolina banking corporation (“Lender”), dated January 16, 2007, filed for record January 18, 2007, recorded in Deed Book 47-F, Page 49, Jackson County, Georgia Records, said Deed to Secure Debt having been given to secure a Promissory Note dated January 20, 2006, in the original principal sum of SIXTEEN MILLION DOLLARS ($16,000,000.00) executed by Royce Homes, L.P., a Delaware limited partnership, and Royce Homes-Phoenix, LLC, a Delaware limited liability company, and payable to the order of Franklin Bank, SSB, a Texas state savings bank, a Promissory Note dated January 20, 2006, in the original principal sum of NINETEEN MILLION DOLLARS ($19,000,000.00) executed by Royce Homes, L.P., a Delaware limited partnership, and Royce Homes-Phoenix, LLC, a Delaware limited liability company, and payable to the order of Lender, and a Promissory Note dated January 20, 2006, in the original principal sum of FIVE MILLION DOLLARS ($5,000,000.00) executed by Royce Homes, L.P., a Delaware limited partnership, and Royce Homes-Phoenix, LLC, a Delaware limited liability company, and payable to the order of Royal Bank of Canada, a Canadian chartered bank (collectively, “Notes”, the payment of which has been assumed by Borrower), with interest from said dates at the rates stated in said Notes 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 December, 2008, to wit December 2, 2008, the following described real property (the “Land”):
All that tract or parcel of land lying and being in G.M.D. 248 of Jackson County, Georgia, being more particularly described on that certain subdivision of Charlotte Estates, being Lots 11-19, 47, 48, 49, 91, 92, and 93, and recorded at Plat Book 68, Pages 211-220, Jackson County Records.
TOGETHER WITH the following personal property, whether now owned or hereafter acquired by Borrower: (i) all buildings and improvements now or hereafter erected on the Land; (ii) all fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or used in the operation or maintenance of, the Land or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land; (iii) all building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon; (iv) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (v) all contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies; (vi) all estates, rights, tenements, hereditaments, privileges, easements, and appurtenances of any kind benefiting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights; and (vii) all “Proceeds” of any of the above-described property, which term shall have the meaning given to it in the Uniform Commercial Code of Georgia, whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof.
The debt secured by said Deed to Secure Debt has been declared due because of, among other possible events of default, non-payment of the principal and interest on said loan at maturity. The Deed to Secure Debt remaining in default, this sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest thereon and late charges, expenses of the sale and all proceedings in connection therewith, including attorneys’ fees as provided in the Note and the Deed to Secure Debt, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law. Subject to the right of Lender, which may be exercised at any time, to enter and take possession of the Land, to the best of the knowledge of Lender, the above described Land is in the possession of Borrower, tenants of Borrower under unrecorded leases, or other persons in possession with the consent or acquiescence of Borrower.
Said Land will be sold by Lender as attorney-in-fact for Borrower, subject to any and all unpaid taxes and assessments, all prior leases, restrictions, liens, encumbrances and easements of record, if any, having priority over the Deed to Secure Debt.
RBC Bank (USA) as attorney-in-fact for Royce Homes - Atlanta, LLC
Jason C. Kirkham, Esq.
Sutherland Asbill & Brennan LLP
999 Peachtree Street, Suite 2300
Atlanta, Georgia 30309
(404) 853-8000
(NV5,12,19,26P4)
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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 GEORGE WRIGLEY and LUZ CASTILLO to NEW CENTURY MORTGAGE CORPORATION, dated June 13, 2003, recorded in Deed Book 30-S, Page 141, Jackson County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as trustee under the Pooling and Servicing Agreement dated as of September 1, 2003, Morgan Stanley ABS Capital I Inc. Trust 2003-NC8 by assignment recorded in Deed Book 0052L, Page 661, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED TWENTY AND 0/100 DOLLARS ($119,120.00), 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 December, 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 George Wrigley and Luz Castillo or a tenant or tenants and said property is more commonly known as 81 Edgewater Court, 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.
Deutsche Bank National Trust Company, as trustee under the Pooling and Servicing Agreement dated as of September 1, 2003, Morgan Stanley ABS Capital I Inc. Trust 2003-NC8 as Attorney in Fact for George Wrigley and Luz Castillo
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vn1 12/2/08
Our file no. 51315005-FT12
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1765, Jackson County, Georgia, being Lot 41, Block A, Remington Park on the River, as shown on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 57, Page 111, which plat is incorporated herein by reference for a more complete description.
(NV5,12,19,26B/12062-60T1P)
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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 LAMONTA D. AIKEN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for AMERICA’S WHOLESALE LENDER, dated February 8, 2006, recorded February 17, 2006, in Deed Book 42-R, Page 58-70, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of THREE HUNDRED NINETY-SEVEN THOUSAND AND 00/100 DOLLARS ($397,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Countrywide Home Loans, Inc., 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 December, 2008, all property described in said Security Deed including but not limited to the following described property:
All that lot, tract, or parcel of land, together with all improvements thereon, lying and being in the Randolph District (GMD 248) of Jackson County, Georgia, being all of Lot 43, Pod F, Traditions of Braselton, Phase 1, as shown on a plat of survey prepared by Joseph K. Wood, Georgia Registered Land Surveyor No. 2932, Wood Brothers Land Surveyors, Inc., dated April 7, 2004, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 62, Pages 269-270, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is commonly known as 3216 Brush Arbor Court, 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 Lamonta D. Aiken or tenants(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.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COUNTRYWIDE HOME LOANS, INC as Attorney in Fact for LAMONTA D. AIKEN
Lender Contact: COUNTRYWIDE, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact:
Adorno & Yoss LLC
Two Midtown Plaza
1349 West Peachtree Suite 1500
Atlanta, GA 30309
TELEPHONE NUMBER: (888) 890-5309
ADORNO FILE NO. 215400.4568
WWW.ADORNO.COM/ATLDOCS/SALES.HTML
(NV5,12,19,26B/13997-60)
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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 PAMALA DAVIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 23, 2006 in the amount of $156,655.00, and recorded in Deed Book 44-R, Page 171, 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 December, 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 245th GMD of Jackson County, Georgia being Lot 22 of Greystone Subdivision as per plat recorded in Plat Book 60, Page 224, Jackson County, Georgia Records; which plat is hereby incorporated herein for a more complete and detailed description.
which has the property address of 64 Greystone Drive, 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 Pamala Davis 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 Pamala Davis
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22917 /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.
(NV5,12,19,26B/1325-50)
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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 James Brian Still and Angie N. Still to Mortgage Electronic Registration Systems, Inc., dated May 7, 2001, recorded in Deed Book 23-X, Page 363, Jackson County, Georgia Records, as last transferred to Fifth Third Mortgage Company by assignment recorded in Deed Book 53J, Page 97, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($237,500.00), 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 December, 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: Fifth Third Bank, Mail Drop 1MOC20, 5050 Kingsley Drive, Cincinnati, OH 45263, 800-375-1745opt3. 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 James Brian Still and Angie N. Still or a tenant or tenants and said property is more commonly known as 33 Cottonwood 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.
Fifth Third Mortgage Company as Attorney in Fact for James Brian Still and Angie N. Still
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 12/2/08
Our file no. 5474603-FT7
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 8, Block B, Phase One, Clover Mill Farm Subdivision, as per plat recorded in Plat Book 54, Page 80, Jackson County, Georgia Records, which plat is incorporated and made a part hereof by reference.
(NV5,12,19,26B/12062-60T1P)
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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 JAMES BENTON and MARANDA BENTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 15, 2005, in the amount of $78,400.00, and recorded in Deed Book 40-S, Page 399, 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 December, 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 Jackson County, Georgia, Minish District 225 containing 0.71 acre, more or less, being Lot 8 in the Subdivision of the D.J. Yarbrough Lands, according to a Plat made by H. G. Prickett, Surveyor, which Plat is recorded in Plat Book 2, Page 129, in the Office of the Clerk of Superior Court, Jackson County, Georgia. Said Lot or Parcel of Land begins and runs with said Railroad to the corner of the Railroad of Lots 9 and 8, in center of Railroad, thence North 23 East 5.10 to corner of Lots 8 and 7 on New Highway, thence North 67 West 6.50 to corner of Lots 9 and 8, on New Highway thence North 16 and one fourth East 3.77 to the beginning corner. This Lot is bounded by the Railroad and Lot No. 7 and Lot No. 3 and Lot No. 9. Being the same lands described in Deed from E. A. Yarbrough and others, executors of the Estate of D. J. Yarbrough to H. C. Ledford, dated November 6, 1948, recorded in Deed Book 3-I, Page 492, Jackson County, Georgia records.
Less and Except from said Lot 8 described above the following:
1. Tract 1 of 1.074 acres being shown at Plat Book 49, Page 115, aforesaid records,
2. Tract 2 of 0.205 acres shown at Plat Book 49, Page 115, aforesaid records, and,
3. The Right of Way of both Georgia Highway 98 and the Southern Railway.
which has the property address of 5990 Maysville Road, 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 James Benton and Maranda Benton 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 James Benton and Maranda Benton
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-04601 /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.
(NV5,12,19,26B/1325-70)
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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 CHRISTIE THOMPSON and ERRON BRENT THOMPSON to ARGENT MORTGAGE COMPANY, LLC. dated April 22, 2005 in the amount of $152,000.00, and recorded in Deed Book 38W, Page 695, Jackson County, Georgia Records, as last transferred to Deutsche Bank National Trust Company as Trustee for the MLMI Trust Series 2005-AR1 by assignment, the undersigned, Deutsche Bank National Trust Company as Trustee for the MLMI Trust Series 2005-AR1 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 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 248 District, G.M., Jackson County, Georgia, designated as Lot 92, Phase 2, of Stone Creek Subdivision, as shown on Plat of Patton-Patton, Inc., surveyors, as recorded in Plat Book 46, at Pages 209 and 210, Jackson County records, 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, as well as protective covenants for Stone Creek Subdivision, recorded in Deed Book 14-P, at Page 203, Jackson County records.
which has the property address of 701 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 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 the MLMI Trust Series 2005-AR1 Attorney in Fact for Christie Thompson and Erron Brent Thompson
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22717 /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.
(NV5,12,19,26B/1325-50)
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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 DONNA BARNHART-ONATE and JARROD VALENZUELA to MORTGAGE ELECTRONIC REGISTRATION SERVICES, INC. dated March 17, 2006, in the amount of $147,730.00, and recorded in Deed Book 43-G, Page 231, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC3 by assignment, the undersigned, U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 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 Jefferson, 245th GMD of Jackson County, Georgia, being Lot 26, Block B, of Jefferson Walk West Subdivision, Unit Two, per Plat Book 62, Page 279, Jackson County, Georgia Records, which is referred to and made a part of this description.
which has the property address of 74 Wisteria Place, 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 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.
U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC3 Attorney in Fact for Donna Barnhart-Onate and Jarrod Valenzuela
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22633 /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.
(NV5,12,19,26B/1325-50)
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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 ONE HUNDRED NINETY FIVE AND 00/100 DOLLARS ($124,195.00), 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 TWO HUNDRED SEVENTY ONE AND 00/100 DOLLARS ($149,271.00), 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, December 2, 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.
(NV5,12,19,26P4)
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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 MADGE D. CHIASSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 30, 2004, in the amount of $221,700.00, and recorded in Deed Book 37-F, Page 614, 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 December, 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 1747th District, G.M. Jackson County, Georgia, and being known and designated as Lot 19, Block A, Harris Hills Subdivision, and being more particularly shown on a survey entitled Survey for Harris Hills Subdivision, dated April 13, 2001, by W.T. Dunahoo and Associates., W.T. Dunahoo, Registered Land Surveyor, and recorded in Plat Book 57, Page 189, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
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.
(NV5,12,19,26B/1325-50)
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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 LARRY K. YARBRAY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. dated December 7, 2004, in the amount of $68,005.00, and recorded in Deed Book 37-K, Page 613, 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 December, 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 255th District, Jackson County, Georgia, being Lot 2, Block B, of North Highlands Subdivision, as per plat recorded in Plat Book 7, Page 22, in The Office of the Clerk of Superior Court of Jackson County, Georgia Records, which plat is incorporated herein by reference and made a part of this description.
which has the property address of 787 State 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 Larry K Yarbray 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 Larry K Yarbray
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-09547 /FHA
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.
(NV5,12,19,26B/1325-50)
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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 December, 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.
(NV5,12,19,26B/1325-50)
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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 BRET MORRIS and STEFANIE MORRIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated January 4, 2006, in the amount of $88,200.00, and recorded in Deed Book 42-I, Page 261, Jackson County, Georgia Records, as last transferred to LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-WMC2 by assignment, the undersigned, LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-WMC2 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 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 255th District, G.M., Jackson County, Georgia, being Lot 2, Block A, Cole Court Subdivision, as per plat thereof recorded in Plat Book 60, Page 171, Jackson County, Georgia records, which recorded Plat is incorporated herein by reference and made a part of this description.
which has the property address of 28 Cole Court, 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 Bret Morris and Stefanie Morris 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.
LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-WMC2 Attorney in Fact for Bret Morris and Stefanie Morris
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-09206 /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.
(NV5,12,19,26B/1325-50)
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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 to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 25, 2001, recorded in Deed Book 23-O, Page 420, Jackson County, Georgia Records, as last transferred to GREENPOINT MORTGAGE FUNDING, INC. by assignment recorded in Deed Book 53-D, Page 464, 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 December, 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 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
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 12/2/08
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.
(NV5,12,19,26B/12062-60T1P)
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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 20, 2006, filed on June 28, 2006, in Deed Book 44-L, Page 613, 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 48B, Page 481, 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 20, 2006, from Grantor to Lender in the original principal amount of $260,000.00, as amended from time to time, in order to, among other things, decrease the original principal amount to $57,634.17 (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 December, 2008, to wit: December 2, 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 86, 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
(NV5,12,19,26N/C)
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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 WILLARD A. BRADLEY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as nominee for HARBOURTON MORTGAGE INVESTMENT CORPORATION ISAOA, dated October 30, 2006, recorded in Deed Book 46-M, Page 656, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of TWO HUNDRED FORTY THOUSAND AND 00/100 DOLLARS ($240,000.00) with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Bayview Loan, LLC, 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 December 2008 the following described property:
The following described real property situate in the City of Jefferson, County of Jackson, and State of Georgia, to wit:
All that tract or parcel of land lying and being in 245 G.M.D., Jackson County Georgia, designated as Lot 64 as shown on plat and survey of Wood Farms, Phase I, as shown on plat and survey of Wood Brothers Land Surveyors, Inc., dated December 17, 2003, recorded in the office of the Clerk of Superior Court of Jackson County, Georgia, in Plat Book 62, at Page 148. For a more detailed description, reference is hereby made to said plat as recorded.
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 attorney’s 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 knowledge and belief of the undersigned, the party in possession of the property is Willard A. Bradley or a tenant or tenants, and said property is more commonly known as 107 Wood Cove, Jefferson, GA 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.
Bayview Loan Servicing, LLC as Attorney in Fact for Willard A. Bradley
Contact: Crystal Trahan
THE CALLINS LAW FIRM, LLC
101 Marietta Street, Suite 1030
Atlanta ,GA 30303
(404) 681-5826
File No. F08.03.270
THIS LAW FIRM IS ATTAMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(NV5,12,19,26P4)
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Notice of Sale
Notice of Sale Under Power
State of Georgia
Jackson County
By virtue of the power of sale contained in that certain Deed to Secure Debt and Security Agreement from ROYCE HOMES - ATLANTA, LLC, a Delaware limited liability company (“Borrower”), to RBC Bank (USA), a North Carolina banking corporation, formerly known as RBC CENTURA BANK, a North Carolina banking corporation (“Lender”), dated January 16, 2007, filed for record January 18, 2007, recorded in Deed Book 47-F, Page 49, Jackson County, Georgia Records, said Deed to Secure Debt having been given to secure a Promissory Note dated January 20, 2006, in the original principal sum of SIXTEEN MILLION DOLLARS ($16,000,000.00) executed by Royce Homes, L.P., a Delaware limited partnership, and Royce Homes-Phoenix, LLC, a Delaware limited liability company, and payable to the order of Franklin Bank, SSB, a Texas state savings bank, a Promissory Note dated January 20, 2006, in the original principal sum of NINETEEN MILLION DOLLARS ($19,000,000.00) executed by Royce Homes, L.P., a Delaware limited partnership, and Royce Homes-Phoenix, LLC, a Delaware limited liability company, and payable to the order of Lender, and a Promissory Note dated January 20, 2006, in the original principal sum of FIVE MILLION DOLLARS ($5,000,000.00) executed by Royce Homes, L.P., a Delaware limited partnership, and Royce Homes-Phoenix, LLC, a Delaware limited liability company, and payable to the order of Royal Bank of Canada, a Canadian chartered bank (collectively, “Notes”, the payment of which has been assumed by Borrower), with interest from said dates at the rates stated in said Notes 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 December, 2008, to wit December 2, 2008, the following described real property (the “Land”):
All that tract or parcel of land lying and being in G.M.D. 248 of Jackson County, Georgia, being more particularly described on that certain subdivision of Charlotte Estates, being Lots 11-19, 47, 48, 49, 91, 92, and 93, and recorded at Plat Book 68, Pages 211-220, Jackson County Records.
TOGETHER WITH the following personal property, whether now owned or hereafter acquired by Borrower: (i) all buildings and improvements now or hereafter erected on the Land; (ii) all fixtures, machinery, equipment and other articles of real, personal or mixed property attached to, situated or installed in or upon, or used in the operation or maintenance of, the Land or any buildings or improvements situated thereon, whether or not such real, personal or mixed property is or shall be affixed to the Land; (iii) all building materials, building machinery and building equipment delivered on site to the Land during the course of, or in connection with, any construction, repair or renovation of the buildings and improvements situated or to be situated thereon; (iv) all leases, licenses or occupancy agreements of all or any part of the Land and all extensions, renewals, and modifications thereof, and any options, rights of first refusal or guarantees relating thereto; all rents, income, revenues, security deposits, issues, profits, awards and payments of any kind payable under the leases or otherwise arising from the Land; (v) all contract rights, accounts receivable and general intangibles relating to the Land or the use, occupancy, maintenance, construction, repair or operation thereof; all management agreements, franchise agreements, utility agreements and deposits; all maps, plans, surveys and specifications; all warranties and guaranties; all permits, licenses and approvals; and all insurance policies; (vi) all estates, rights, tenements, hereditaments, privileges, easements, and appurtenances of any kind benefiting the Land; all means of access to and from the Land, whether public or private; and all water and mineral rights; and (vii) all “Proceeds” of any of the above-described property, which term shall have the meaning given to it in the Uniform Commercial Code of Georgia, whether cash or non-cash, and including insurance proceeds and condemnation awards; and all replacements, substitutions and accessions thereof.
The debt secured by said Deed to Secure Debt has been declared due because of, among other possible events of default, non-payment of the principal and interest on said loan at maturity. The Deed to Secure Debt remaining in default, this sale will be made for the purpose of applying the proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest thereon and late charges, expenses of the sale and all proceedings in connection therewith, including attorneys’ fees as provided in the Note and the Deed to Secure Debt, notice of intention to collect attorneys’ fees having been given as provided by law, and the remainder, if any, shall be applied as provided by law. Subject to the right of Lender, which may be exercised at any time, to enter and take possession of the Land, to the best of the knowledge of Lender, the above described Land is in the possession of Borrower, tenants of Borrower under unrecorded leases, or other persons in possession with the consent or acquiescence of Borrower.
Said Land will be sold by Lender as attorney-in-fact for Borrower, subject to any and all unpaid taxes and assessments, all prior leases, restrictions, liens, encumbrances and easements of record, if any, having priority over the Deed to Secure Debt.
RBC Bank (USA) as attorney-in-fact for Royce Homes - Atlanta, LLC
Jason C. Kirkham, Esq.
Sutherland Asbill & Brennan LLP
999 Peachtree Street, Suite 2300
Atlanta, Georgia 30309
(404) 853-8000
(NV5,12,19,26P4)
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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 GEORGE WRIGLEY and LUZ CASTILLO to NEW CENTURY MORTGAGE CORPORATION, dated June 13, 2003, recorded in Deed Book 30-S, Page 141, Jackson County, Georgia Records, as last transferred to Deutsche Bank National Trust Company, as trustee under the Pooling and Servicing Agreement dated as of September 1, 2003, Morgan Stanley ABS Capital I Inc. Trust 2003-NC8 by assignment recorded in Deed Book 0052L, Page 661, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETEEN THOUSAND ONE HUNDRED TWENTY AND 0/100 DOLLARS ($119,120.00), 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 December, 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: Litton Loan Servicing, LP., 4828 Loop Central Drive, Houston, TX 77081, 1-800-807-3590. 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 George Wrigley and Luz Castillo or a tenant or tenants and said property is more commonly known as 81 Edgewater Court, 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.
Deutsche Bank National Trust Company, as trustee under the Pooling and Servicing Agreement dated as of September 1, 2003, Morgan Stanley ABS Capital I Inc. Trust 2003-NC8 as Attorney in Fact for George Wrigley and Luz Castillo
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vn1 12/2/08
Our file no. 51315005-FT12
EXHIBIT A
All that tract or parcel of land lying and being in GMD 1765, Jackson County, Georgia, being Lot 41, Block A, Remington Park on the River, as shown on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 57, Page 111, which plat is incorporated herein by reference for a more complete description.
(NV5,12,19,26B/12062-60T1P)
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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 LAMONTA D. AIKEN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for AMERICA’S WHOLESALE LENDER, dated February 8, 2006, recorded February 17, 2006, in Deed Book 42-R, Page 58-70, Jackson County, Georgia Records, said Security Deed having been given to secure a Note of even date in the original principal amount of THREE HUNDRED NINETY-SEVEN THOUSAND AND 00/100 DOLLARS ($397,000.00), with interest thereon as provided for therein, said Security Deed having been last sold, assigned and transferred to Countrywide Home Loans, Inc., 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 December, 2008, all property described in said Security Deed including but not limited to the following described property:
All that lot, tract, or parcel of land, together with all improvements thereon, lying and being in the Randolph District (GMD 248) of Jackson County, Georgia, being all of Lot 43, Pod F, Traditions of Braselton, Phase 1, as shown on a plat of survey prepared by Joseph K. Wood, Georgia Registered Land Surveyor No. 2932, Wood Brothers Land Surveyors, Inc., dated April 7, 2004, a copy of said plat being of record in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 62, Pages 269-270, which plat is hereto incorporated by reference for a more complete description of said property.
Said property is commonly known as 3216 Brush Arbor Court, 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 Lamonta D. Aiken or tenants(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.
THE ABOVE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
COUNTRYWIDE HOME LOANS, INC as Attorney in Fact for LAMONTA D. AIKEN
Lender Contact: COUNTRYWIDE, Loss Mitigation Dept., 7105 Corporate Drive, PTX-A-274, Plano, TX 75024
TELEPHONE NUMBER: 800-669-6087
Attorney Contact:
Adorno & Yoss LLC
Two Midtown Plaza
1349 West Peachtree Suite 1500
Atlanta, GA 30309
TELEPHONE NUMBER: (888) 890-5309
ADORNO FILE NO. 215400.4568
WWW.ADORNO.COM/ATLDOCS/SALES.HTML
(NV5,12,19,26B/13997-60)
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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 PAMALA DAVIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated June 23, 2006 in the amount of $156,655.00, and recorded in Deed Book 44-R, Page 171, 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 December, 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 245th GMD of Jackson County, Georgia being Lot 22 of Greystone Subdivision as per plat recorded in Plat Book 60, Page 224, Jackson County, Georgia Records; which plat is hereby incorporated herein for a more complete and detailed description.
which has the property address of 64 Greystone Drive, 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 Pamala Davis 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 Pamala Davis
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22917 /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.
(NV5,12,19,26B/1325-50)
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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 James Brian Still and Angie N. Still to Mortgage Electronic Registration Systems, Inc., dated May 7, 2001, recorded in Deed Book 23-X, Page 363, Jackson County, Georgia Records, as last transferred to Fifth Third Mortgage Company by assignment recorded in Deed Book 53J, Page 97, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED THIRTY-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($237,500.00), 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 December, 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: Fifth Third Bank, Mail Drop 1MOC20, 5050 Kingsley Drive, Cincinnati, OH 45263, 800-375-1745opt3. 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 James Brian Still and Angie N. Still or a tenant or tenants and said property is more commonly known as 33 Cottonwood 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.
Fifth Third Mortgage Company as Attorney in Fact for James Brian Still and Angie N. Still
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 12/2/08
Our file no. 5474603-FT7
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245, Jackson County, Georgia, being Lot 8, Block B, Phase One, Clover Mill Farm Subdivision, as per plat recorded in Plat Book 54, Page 80, Jackson County, Georgia Records, which plat is incorporated and made a part hereof by reference.
(NV5,12,19,26B/12062-60T1P)
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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 JAMES BENTON and MARANDA BENTON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated September 15, 2005, in the amount of $78,400.00, and recorded in Deed Book 40-S, Page 399, 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 December, 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 Jackson County, Georgia, Minish District 225 containing 0.71 acre, more or less, being Lot 8 in the Subdivision of the D.J. Yarbrough Lands, according to a Plat made by H. G. Prickett, Surveyor, which Plat is recorded in Plat Book 2, Page 129, in the Office of the Clerk of Superior Court, Jackson County, Georgia. Said Lot or Parcel of Land begins and runs with said Railroad to the corner of the Railroad of Lots 9 and 8, in center of Railroad, thence North 23 East 5.10 to corner of Lots 8 and 7 on New Highway, thence North 67 West 6.50 to corner of Lots 9 and 8, on New Highway thence North 16 and one fourth East 3.77 to the beginning corner. This Lot is bounded by the Railroad and Lot No. 7 and Lot No. 3 and Lot No. 9. Being the same lands described in Deed from E. A. Yarbrough and others, executors of the Estate of D. J. Yarbrough to H. C. Ledford, dated November 6, 1948, recorded in Deed Book 3-I, Page 492, Jackson County, Georgia records.
Less and Except from said Lot 8 described above the following:
1. Tract 1 of 1.074 acres being shown at Plat Book 49, Page 115, aforesaid records,
2. Tract 2 of 0.205 acres shown at Plat Book 49, Page 115, aforesaid records, and,
3. The Right of Way of both Georgia Highway 98 and the Southern Railway.
which has the property address of 5990 Maysville Road, 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 James Benton and Maranda Benton 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 James Benton and Maranda Benton
Anthony DeMarlo, Attorney/llawson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-04601 /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.
(NV5,12,19,26B/1325-70)
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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 CHRISTIE THOMPSON and ERRON BRENT THOMPSON to ARGENT MORTGAGE COMPANY, LLC. dated April 22, 2005 in the amount of $152,000.00, and recorded in Deed Book 38W, Page 695, Jackson County, Georgia Records, as last transferred to Deutsche Bank National Trust Company as Trustee for the MLMI Trust Series 2005-AR1 by assignment, the undersigned, Deutsche Bank National Trust Company as Trustee for the MLMI Trust Series 2005-AR1 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 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 248 District, G.M., Jackson County, Georgia, designated as Lot 92, Phase 2, of Stone Creek Subdivision, as shown on Plat of Patton-Patton, Inc., surveyors, as recorded in Plat Book 46, at Pages 209 and 210, Jackson County records, 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, as well as protective covenants for Stone Creek Subdivision, recorded in Deed Book 14-P, at Page 203, Jackson County records.
which has the property address of 701 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 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 the MLMI Trust Series 2005-AR1 Attorney in Fact for Christie Thompson and Erron Brent Thompson
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22717 /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.
(NV5,12,19,26B/1325-50)
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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 DONNA BARNHART-ONATE and JARROD VALENZUELA to MORTGAGE ELECTRONIC REGISTRATION SERVICES, INC. dated March 17, 2006, in the amount of $147,730.00, and recorded in Deed Book 43-G, Page 231, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC3 by assignment, the undersigned, U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC3 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 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 Jefferson, 245th GMD of Jackson County, Georgia, being Lot 26, Block B, of Jefferson Walk West Subdivision, Unit Two, per Plat Book 62, Page 279, Jackson County, Georgia Records, which is referred to and made a part of this description.
which has the property address of 74 Wisteria Place, 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 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.
U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC3 Attorney in Fact for Donna Barnhart-Onate and Jarrod Valenzuela
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-22633 /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.
(NV5,12,19,26B/1325-50)
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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 ONE HUNDRED NINETY FIVE AND 00/100 DOLLARS ($124,195.00), 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 TWO HUNDRED SEVENTY ONE AND 00/100 DOLLARS ($149,271.00), 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, December 2, 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.
(NV5,12,19,26P4)
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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 MADGE D. CHIASSON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated December 30, 2004, in the amount of $221,700.00, and recorded in Deed Book 37-F, Page 614, 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 December, 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 1747th District, G.M. Jackson County, Georgia, and being known and designated as Lot 19, Block A, Harris Hills Subdivision, and being more particularly shown on a survey entitled Survey for Harris Hills Subdivision, dated April 13, 2001, by W.T. Dunahoo and Associates., W.T. Dunahoo, Registered Land Surveyor, and recorded in Plat Book 57, Page 189, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, reference to which is hereby made for a more particular description of the property herein conveyed.
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.
(NV5,12,19,26B/1325-50)
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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 LARRY K. YARBRAY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. dated December 7, 2004, in the amount of $68,005.00, and recorded in Deed Book 37-K, Page 613, 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 December, 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 255th District, Jackson County, Georgia, being Lot 2, Block B, of North Highlands Subdivision, as per plat recorded in Plat Book 7, Page 22, in The Office of the Clerk of Superior Court of Jackson County, Georgia Records, which plat is incorporated herein by reference and made a part of this description.
which has the property address of 787 State 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 Larry K Yarbray 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 Larry K Yarbray
Anthony DeMarlo, Attorney/smitchell
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-09547 /FHA
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.
(NV5,12,19,26B/1325-50)
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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 December, 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.
(NV5,12,19,26B/1325-50)
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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 BRET MORRIS and STEFANIE MORRIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated January 4, 2006, in the amount of $88,200.00, and recorded in Deed Book 42-I, Page 261, Jackson County, Georgia Records, as last transferred to LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-WMC2 by assignment, the undersigned, LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-WMC2 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in December, 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 255th District, G.M., Jackson County, Georgia, being Lot 2, Block A, Cole Court Subdivision, as per plat thereof recorded in Plat Book 60, Page 171, Jackson County, Georgia records, which recorded Plat is incorporated herein by reference and made a part of this description.
which has the property address of 28 Cole Court, 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 Bret Morris and Stefanie Morris 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.
LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-WMC2 Attorney in Fact for Bret Morris and Stefanie Morris
Anthony DeMarlo, Attorney/kjenrette
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-09206 /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.
(NV5,12,19,26B/1325-50)
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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 to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 25, 2001, recorded in Deed Book 23-O, Page 420, Jackson County, Georgia Records, as last transferred to GREENPOINT MORTGAGE FUNDING, INC. by assignment recorded in Deed Book 53-D, Page 464, 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 December, 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 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
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/tmw 12/2/08
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.
(NV5,12,19,26B/12062-60T1P)
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