Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Because of default in the payment of the indebtedness secured by a Security Deed executed by JENNIFER K. BALDWIN and STOY J. BALDWIN to HOMEBANC MORTGAGE CORPORATION, dated October 31, 2006, in the amount of $157,600.00, and recorded in Deed Book 46-I, Page 580, Jackson County, Georgia Records, as last transferred to American Home Mortgage Servicing, Inc. by assignment, the undersigned, American Home Mortgage Servicing, 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 June, 2009, 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 District, G.M., Jackson County, Georgia, being known as Lot 11, Richwood Subdivision, on Subdivision Plat recorded in Jackson County Plat Records at Plat Book 64, Page 11, which plat is incorporated herein by reference for a more complete description.
which has the property address of 85 Terrell 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 Jennifer K. Baldwin and Stoy J. Baldwin 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.
American Home Mortgage Servicing, Inc. Attorney in Fact for Jennifer K. Baldwin and Stoy J. Baldwin
Anthony DeMarlo, Attorney/kcarr
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-28278 /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.
(MY6,13,20,27B/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 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 Nationstar Mortgage LLC by assignment, the undersigned, Nationstar Mortgage LLC 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 June, 2009, 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.
Nationstar Mortgage LLC Attorney in Fact for Pamala Davis
Anthony DeMarlo, Attorney/cyeats
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-00833 /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.
(MY6,13,20,27B/1325-50)
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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 STEPHEN L. BRUMBELOW and SHARON D. BRUMBELOW to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) as nominee for AMERICAN EQUITY MORTGAGE, INC., dated February 5, 2007, and filed for record February 21, 2007 in Deed Book 47-P, Page 488, Jackson County, Georgia Records, and securing a Note in the original principal amount of $402,000.00; last transferred to CitiMortgage, Inc. by Assignment filed for record March 23, 2009, in Deed Book 54-U, Page 138, Jackson County, Georgia Records, 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 June, 2009, by CitiMortgage, Inc. as Attorney-in-Fact for Stephen L. Brumbelow and Sharon D. Brumbelow the following property to-wit:
ALL THAT TRACT or parcel of land lying and being in the 1765th District, GM, of Jackson County, Georgia, and being Lot 7 of Hunting Hills Subdivision, as per plat recorded in Plat Book 62, Pages 183-187, Records of Jackson County, Georgia, which plat is incorporated herein by reference and made a part of this description.
The above described property is also known as 217 Hunting Hills Drive, Braselton, GA 30517.
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 Stephen L. Brumbelow and Sharon D. Brumbelow.
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.
3950 Regent Boulevard, MS - S2A - 286
Irving, TX 75063
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 Stephen L. Brumbelow and Sharon D. Brumbelow
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.
(MY7,14,21,28B/119-60)
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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 ((Security Deed() executed by DANIEL WILSON in favor of COMMUNITY BANK & TRUST dated October 10, 2001, and recorded at Deed Book 24-P, Pages 399-402 of the Jackson County, Georgia Deed Records, modified December 12, 2007, recorded at Deed Book 50-Z, Page 684 of the Jackson County, Georgia Deed Records, the undersigned will sell at public outcry to the highest bidder for cash before the door of the Courthouse of Jackson County, Georgia, during the legal hours of sale, on the first Tuesday in June, that being June 2, 2009, the following described property:
All that tract or parcel of land situate, lying and being in the Minish (255) G.M.D., Jackson County, Georgia, in the City of Commerce, CONTAINING 7.071 ACRES, MORE OR LESS, lying on the Southeast right-of-way of County Road 466 and on the Northeast right-of-way of Industrial Parkway near its intersection with County Road 466 according to a plat of survey for Commerce Plastics by Max Lewallen, R.S., dated November 20, 1995, as last revised January 5, 1996, consisting of Tract One, containing 6.309 acres and Tract Two, containing 0.762 acres, recorded in Plat Book 46, Page 121, Jackson County Deed Records, the description as contained therein being incorporated herein by reference, and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the intersection of the centerline of Industrial Parkway with the centerline of County Road 466; thence run North 29 degrees 46 minutes 39 seconds East 188.73 feet to the POINT OF BEGINNING, which point of beginning is South 51 degrees 04 minutes 00 seconds East 7.02 feet from an iron pin found; thence running along the Southeast right-of-way of County Road 466 North 34 degrees 00 minutes 00 seconds East 81.30 feet, North 35 degrees 21 minutes 00 seconds East 90.90 feet; thence continuing along the Southeast right-of-way of County Road 466 and following the curvature thereof in a Northeastern direction 333.96 feet, with curve data as shown on the above-described plat; thence continuing along the Southeast right-of-way of County Road 466 North 22 degrees 34 minutes 37 seconds East 129.58 feet, North 23 degrees 01 minute 25 seconds East 142.64 feet, and North 25 degrees 25 minutes 10 seconds East 10.45 feet to a point on the Southeast right-of-way of County Road Number 466, which point is South 36 degrees 03 minutes 00 seconds East 11.31 feet from an iron pin found; thence running along property of Metro Machine Works, Inc. and generally along a ditch for a property line South 36 degrees 03 minutes 00 seconds East 234.99 feet, South 55 degrees 53 minutes 00 seconds East 34.20 feet, South 79 degrees 56 minutes 00 seconds East 66.20 feet, South 78 degrees 52 minutes 00 seconds East 49.00 feet, and South 77 degrees 41 minutes 00 seconds East 29.70 feet to a point at or near the head of a branch; thence running along the centerline of said branch for a property line South 78 degrees 51 minutes 00 seconds East 10.30 feet, South 67 degrees 41 minutes 00 seconds East 68.30 feet, and South 27 degrees 24 minutes 00 seconds East 30.15 feet to a point in the centerline of said branch with an iron pin found offset South 48 degrees 55 minutes 23 seconds West 5.00 feet; thence running from the centerline of said branch South 48 degrees 55 minutes 23 seconds West 150.72 feet to an iron pin found; thence running along property of Caudell South 34 degrees 23 minutes 26 seconds West 685.62 feet to an iron pin set on the Northeast right-of-way of Industrial Parkway; thence running along the Northeast right-of-way of Industrial Parkway North 68 degrees 15 minutes 00 seconds West 194.20 feet to an iron pin found; thence running along City of Commerce property and Alltel property North 48 degrees 58 minutes 27 seconds East 96.18 feet to an iron pin found; thence running North 51 degrees 04 minutes 00 seconds West 205.56 feet to the point of beginning.
The above-described property being a portion of the property conveyed from Mrs. Bessie Fuller, et al to James Short by warranty deed dated October 2, 1982, recorded in Deed Book 8G, Pages 351-52, Jackson County Deed Records, and also being the same property conveyed from R. Elliott Caudell to James Short by warranty deed dated April 18, 1991, recorded in Deed Book 11S, Page 680, Jackson County Deed Records, and also being all of that certain property conveyed from Caudell, Inc. to MANAR, Inc. by warranty deed dated December 12, 1995, recorded in Deed Book 15-D, Pages 674-75, Jackson County Deed Records, and further being all of that property conveyed from James Short to MANAR, Inc. by warranty deed dated January 22, 1996, as recorded in Jackson County Deed Records.
Said property is located at: 3680 Mount Olive Road, Commerce, Jackson County, Georgia and Industrial Parkway, Commerce, Jackson County, Georgia.
The debt secured by said Security Deed is evidenced by a Promissory Note (the “Note”), dated March 10, 2008 in the original principal amount of $848,286.88, payable, principal and interest from the date thereof shown on said Note on the unpaid balance until paid.
Default has occurred in the payment of the debt evidenced by the Note and secured by the Security Deed as a result of the nonpayment of installments owed thereunder. The total balance of said debt has, therefore, been declared due and the Security Deed foreclosable according to its terms.
The debt remaining in default, the property will be sold to the highest bidder for cash as the property of Daniel Wilson, the proceeds to be applied to the payment of said indebtedness, attorneys’ fees (notice of intention to collect attorneys’ fees having been given), and the lawful expenses of said sale, all as provided in the Note and the Security Deed, said sale to be subject to any and all unpaid taxes and assessments, and restrictions, easements and liens of record with priority over the Security Deed referenced above.
To the best of the undersigned’s knowledge and belief, the property is in the possession of Daniel Wilson and will be sold as the property of Daniel Wilson.
The undersigned will execute a deed to the purchaser as authorized in the aforementioned Security Deed.
Daniel Wilson
By: Community Bank & Trust, as Attorney-in-Fact
Hulsey, Oliver & Mahar, LLP
P. O. Box 1457
Gainesville, GA 30503
(770) 532-6312
(MY6,13,20,27B/417-120T1)
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Notice of Sale
Notice of Sale Under Power
By virtue of the power contained in a Deed to Secure Debt executed and delivered by DANIEL WILSON to COMMUNITY BANK AND TRUST, dated March 20, 2007, and recorded in Deed Book 47X, Page 758-760, Office of the Clerk of Superior Court of Jackson County, Georgia; securing sums in the original principal amount of $135,000.00; in addition to interest accruing, there will be sold at public outcry to the highest bidder for cash, before the Courthouse door in Jackson County, Georgia, by the undersigned, acting as Attorney in Fact for the said DANIEL WILSON, as provided in said Deed To Secure Debt between the hours of 10:00 A.M. and 4:00 P.M. Eastern Time, on the first Tuesday in June, 2009, to-wit: June 2, 2009.
All that tract or parcel of land lying and being in the 245th G.M. District, City of Jefferson, Jackson County, Georgia, consisting of 1.31 acres, more or less, as shown on that plat of survey dated March 19, 1987, for Miss Irene Rankin, prepared by W.T. Dunahoo and Associates, Inc., W.T. Dunahoo, Georgia Registered Land Surveyor No. 1577, as recorded in Plat Book 29, Page 71, Jackson County, Georgia records. Said plat, by reference thereto, is hereby incorporated herein for a more detailed description of said property.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 245 G.M. District, City of Jefferson, Jackson County, Georgia, consisting of 0.31 acre, more or less, and being designated as Tract 1 (0.27 acre) and Tract 2 (0.03 acre) as shown on that plat of survey dated May 16, 1988, for Jack Seabolt, prepared by Venable and Associates, Inc., Allen L. Venable, Jr., Georgia Registered Land Surveyor No. 1761, as recorded in Plat Book 30, Page 60, Jackson County, Georgia, records. Said plat, by reference thereto, is hereby incorporated herein for a more detailed description of said property.
This conveyance is subject to all easements and rights of way for roads and utilities now in use along with all easements and restrictions of record.
The debt secured by said Deed To Secure Debt, being in default, said powers contained therein will be exercised and the land will be sold as property of DANIEL WILSON, by the undersigned, as Attorney in Fact for the said DANIEL WILSON.
Said property shall be sold subject to any and all outstanding easements and rights-of-ways, restrictions of record, if any, and to all unpaid taxes and assessments. The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
The proceeds from said sale will be applied to the payment of the above-styled indebtedness, the expenses of the procedure, attorney’s fees (notice as required in Sec. 13-1-11, O.C.G.A., 1982, as amended, having been sent as required), and the balance, if any, shall be applied as provided in said Deed To Secure Debt. Proper conveyance will be made to the purchaser at the said sale by the undersigned acting as Attorney in Fact for the said DANIEL WILSON.
Pursuant to §44-14-162.2(a) & (b), O.C.G.A. 1982 as amended, a copy of this Notice has been mailed to the Debtor. The individual on behalf of Community Bank and Trust who has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is:
Greg Weicht
P. O. Box 1900
Cornelia, Georgia 30531
1-706-778-2264
To the best knowledge, information, and belief of COMMUNITY BANK AND TRUST the premises are currently occupied by tenants.
Pursuant to the Fair Debt Collection Practices Act, it is required that the following is stated: “This document is an attempt to collect a debt and any information obtained will be used for that purpose”. [15 U.S.C. Section 1692e(11).]
This 10th day of April, 2009.
COMMUNITY BANK AND TRUST
ELTON COLLINS, President, As Attorney in Fact for DANIEL WILSON
GREGORY M. PERRY
Attorney at Law
P.O. Box 299
Commerce, Georgia 30529
(706) 335-3500
(AP6,13,20,27P4)
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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 PAMELA J. EMMONS and ROBERT W. EMMONS to AMERIQUEST MORTGAGE COMPANY, dated August 13, 2001, in the amount of $57,750.00, and recorded in Deed Book 24-H, Page 736, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Inc., Series 2001-2, Floating Rate Mortgage Pass-Through Certificates by assignment, the undersigned, U.S. Bank National Association, as Trustee in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Inc., Series 2001-2, Floating Rate Mortgage 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 June, 2009, 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 on the Western Right of Way of Green Hill Court in the 455 G.M. District of Jackson County, Georgia containing .38 acres and designated as Lot 4 of Section 2 of Pleasant Acres according to a plat of survey prepared by W.T. Dunaboo, Georgia Registered Land surveyor, dated February, 1974 and recorded at Plat Book 9, Page 200, Jackson County, Georgia Records, reference is made to said plat of survey for a more complete description of the property. Being that parcel of land conveyed to Robert W. Emmons and Pamela J. Emmons from John Curtis Johnson and Calista Ray Johnson by that deed dated 11/25/1996 and recorded 11/26/1996 in Deed Book 16-C, at Page 149 of the Jackson County, GA Public Registry.
which has the property address of 117 Greenhill Court, Maysville, 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 Pamela J. Emmons and Robert W. Emmons 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 in trust for the benefit of the Certificateholders for Ameriquest Mortgage Securities Inc., Series 2001-2, Floating Rate Mortgage Pass-Through Certificates Attorney in Fact for Pamela J. Emmons and Robert W. Emmons
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08848 /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.
(MY6,13,20,27B/1325-60)
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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 DENIS GAMEZ to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 29, 2005, in the amount of $130,240.00, and recorded in Deed Book 38-U, Page 797, Jackson County, Georgia Records, as last transferred to EMC Mortgage Corporation by assignment, the undersigned, EMC Mortgage Corporation pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in June, 2009, 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 GMD 1407 of Jackson County, Georgia, being Lot 9, Century Oaks Subdivision, as per plat recorded in Plat Book 54, Page 269, Jackson County Records, said plat being incorporated herein by reference thereto.
which has the property address of 154 Serenity Court, 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 Denis Gamez 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.
EMC Mortgage Corporation
Attorney in Fact for
Denis Gamez
Anthony DeMarlo, Attorney/jplanicka
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-09054 /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.
(MY6,13,20,27B/1325-40)
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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 PHILIP C. WALDRON to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated October 5, 2006, in the amount of $480,000.00, and recorded in Deed Book 45-W, Page 770, Jackson County, Georgia Records, as last transferred to IndyMac Federal Bank FSB by assignment, the undersigned, IndyMac Federal Bank FSB pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in June, 2009, 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 improvements thereon, situate, lying and being in the 248th G.M. District, Jackson County, Georgia, being Tract 3, containing 2.85 acres, more or less, as per plat thereof recorded in Plat Book 25, Page 47, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
Together with a 20 foot ingress/egress easement as shown on plat recorded in Plat Book 25, Page 47, Jackson County Records.
which has the property address of 6096 Hwy. 124 West, 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 Philip C. Waldron and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
IndyMac Federal Bank FSB Attorney in Fact for Philip C. Waldron
Anthony DeMarlo, Attorney/lseymore
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-12682 /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.
(MY6,13,20,27B/1325-50)
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Notice of
Foreclosure
Notice of Foreclosure Under Deed to Secure Debt with Power of Sale
State of Georgia, County of Jackson
Because of default in the payment of indebtedness evidenced by a Promissory Note dated January 25, 2008, in the original principal sum of $600,000.00 (being a renewal of indebtedness evidenced by Promissory Note originally dated October 18, 2006), said Note being secured by a Deed to Secure Debt executed by CUSTOM DREAM HOMES, LLC, as Grantor, to GWINNETT COMMUNITY BANK, as Grantee, dated October 18, 2006, filed for record October 27, 2006, at 10:12 a.m. and recorded at Deed Book 46-C, Pages 498-503, in the Office of the Clerk of the Superior Court of Jackson County, Georgia, and because of said default in the payment of the indebtedness evidenced by the Promissory Note dated January 25, 2008, and by virtue of the fact that said Note fully matured and became fully due and payable in full, pursuant to the terms of said Note on January 25, 2009, and by reason of the failure of CUSTOM DREAM HOMES, LLC to pay said Note together with all accrued and unpaid interest and late charges due thereon when said Note became due, GWINNETT COMMUNITY BANK will, pursuant to the power of sale contained in said Deed to Secure Debt, sell at public outcry on the first Tuesday in June, 2009, during the legal hours of sale before the Courthouse door in Jackson County, Georgia to the highest and best bidder for cash the property described in said Deed to Secure Debt, to-wit:
ALL THAT TRACT OR PARCEL OF LAND lying and being in GMD 248 of Jackson County, Georgia and being designated as Lots 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 of Braselton Farms Subdivision, according to that Final Plat for Braselton Farms Subdivision prepared by Ringo Abernathy & Associates, certified by Kevin V. Ringo, GA RLS #2278 and S. Guy Abernathy, GA RLS #15252 dated 06/07/06 and recorded in Plat Book 68, Page 89, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference thereto for a more complete description of the property conveyed herein.
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 to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code.
Notice has been given as required by law of the intention to enforce provisions for the collection of attorney’s fees and costs of foreclosure in accordance with legal requirements and the terms of the above Note and Deed to Secure Debt securing said Note. Said property will be sold as the property of CUSTOM DREAM HOMES, LLC. The proceeds of said sale will be used to pay the expenses of said sale, to pay the sums secured by said Deed to Secure Debt with the excess, if any, to be paid to such other persons entitled to the same as provided by law.
Said sale shall further be made subject to any and all easements, restrictions or covenants of record which predated the date of the Security Deed being foreclosed hereby.
The property in the Deed to Secure Debt referred to hereinabove is residential real property, provided, however, that the loan is a commercial loan and notice of said foreclosure is not required by Official Code of Georgia Annotated Section 44-14-162.2 as amended, Georgia Laws 1981. To the best of the knowledge of the undersigned, the party in possession of the property is CUSTOM DREAM HOMES, LLC.
The undersigned, as Attorney in Fact for CUSTOM DREAM HOMES, LLC will execute a deed to the purchaser at said sale as provided in the aforesaid Deed to Secure Debt.
GWINNETT COMMUNITY BANK, as Attorney in Fact for CUSTOM DREAM HOMES, LLC
By: W. PAUL KESMODEL, JR. as Attorney for GWINNETT COMMUNITY BANK
W. Paul Kesmodel, Jr., P.C.
Attorney at Law
Post Office Box 2050
Duluth, Georgia 30096
770-476-5268 (Phone)
770-497-9416 (Fax)
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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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 COUCH to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. dated April 27, 2007, in the amount of $420,950.00, and recorded in Deed Book 48-N, Page 547, Jackson County, Georgia Records, as last transferred to National City Bank by assignment, the undersigned, National City Bank pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in June, 2009, 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, Jackson County, Georgia, being Lot 31, Sterling Lake at Jefferson, as per plat recorded in Plat Book 66, Pages 171-174, Jackson County, Georgia Records, said plat being incorporated herein by reference thereto.
which has the property address of 448 Lakeside Ct., 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 James Couch 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.
National City Bank
Attorney in Fact for
James Couch
Anthony DeMarlo, Attorney/canderson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 09-08758 /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.
(MY6,13,20,27B/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 FLORIN MARTINAS to SUNTRUST MORTGAGE, INC., dated December 8, 2006, recorded in Deed Book 46-S, Page 609, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of THREE HUNDRED THIRTY-THREE THOUSAND AND 0/100 DOLLARS ($333,000.00), 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 June, 2009, the following described property:
All that tract or parcel of land lying and being in GMD 455, Jackson County, Georgia, being Lot 14, Falls of Stockton Farm, Unit 7-A, as per Plat recorded in Plat Book 68, Pages 40-44, Jackson County, Georgia Records, which Plat is incorporated herein by reference for a more complete description of the subject property.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
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 Florin Martinas or a tenant or tenants and said property is more commonly known as 412 Trillium Trail, 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.
SunTrust Mortgage, Inc. as Attorney in Fact for Florin Martinas.
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/jas 6/2/09
Our file no. 1240409-FT2
(MY6,13,20,27B/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 JOHN T. HADDEN, JR. and JOY D. HADDEN to HOMEBANC MORTGAGE CORPORATION, dated December 9, 2005, recorded in Deed Book 41-V, Page 36, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association as Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc. Bear Stearns ARM Trust, Mortgage Pass-Through Certificates, Series 2005-12 by assignment to be recorded in the Office of the Clerk of Superior Court of Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED EIGHTY THOUSAND EIGHT HUNDRED AND 0/100 DOLLARS ($280,800.00), 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 June, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: 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 John T. Hadden, Jr. and Joy D. Hadden or a tenant or tenants and said property is more commonly known as 30 Bear Cub Way, Bogart, Georgia 30622.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank National Association as Trustee for the Certificateholders of Structured Asset Mortgage Investments II Inc. Bear Stearns ARM Trust, Mortgage Pass-Through Certificates, Series 2005-12 as Attorney in Fact for John T. Hadden, Jr. and Joy D. Hadden
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/mcs 6/2/09
Our file no. 51064909-FT1
EXHIBIT A
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 46, Block A, Bear Creek Estates, and being more particularly shown on a survey entitled “Final Subdivision Plat for Bear Creek Estates”, dated February 10, 2004, revised March 11, 2004, and recorded in Plat Book 62, Pages 243-248, 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.
(MY6,13,20,27B/12062-701P)
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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 CONSUELO GIRAL to HOMEBANC MORTGAGE CORPORATION dated December 2, 2004, and recorded in Deed Book 37-A, Page 753, Jackson County Records, said Security Deed having been last sold, assigned, transferred and conveyed to The Bank of New York Mellon, fka The Bank of New York as Successor in interest to JPMorgan Chase Bank NA as Trustee for Structured Asset Mortgage Investments II Inc. Bear Stearns ALT-A Trustee 2005-5, Mortgage Pass-Through Certificates, Series 2005-5, by Assignment securing a Note in the original principal amount of $171,400.00, 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, June 2, 2009, during the legal hours of sale, before the Courthouse door in said County, sell at public outcry to the highest bidder for cash, the property described in said Deed, to-wit:
All that tract or parcel of land lying and being in GMD 1765, Jackson County, Georgia, being Lot 7, Arbor Pointe, Phase II, as per subdivision plat recorded in Plat Book 62, Pages 149-150, Jackson County, Georgia Records, which plat is hereby referred to and made a part of this description.
Said property is known as 175 Arbor Trace, Braselton, GA 30517, 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 Consuelo Giral, the property, to the best information, knowledge and belief of the undersigned, being presently in the possession of Consuelo Giral, and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney’s fees, all as provided in said Deed, and the balance, if any, will be distributed as provided by law.
The Bank of New York Mellon, fka The Bank of New York as Successor in interest to JPMorgan Chase Bank NA as Trustee for Structured Asset Mortgage Investments II Inc. Bear Stearns ALT-A Trustee 2005-5, Mortgage Pass-Through Certificates, Series 2005-5 as Attorney-in-Fact for Consuelo Giral
File no. 09-011845
L. J. SWERTFEGER, JR.
SHAPIRO & SWERTFEGER, LLP*
Attorneys and Counselors at Law
2872 Woodcock Boulevard, Suite 100
Atlanta, GA 30341
(770) 220-2730/KF
www.swertfeger.net
*THE LAW FIRM IS ACTING AS A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
[FC-NOS]
(MY6,13,20,27B/1323-60T1P)
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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 DONNA J. MCCRARY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., as nominee for NATIONPOINT, A DIV. OF FFFC, AN OP. SUB. OF MLB&T CO., FSB, dated March 28, 2007, recorded in Deed Book 48-C, Page 21, Jackson County, Georgia Records and Deed Book __, Page __, __ County, Georgia Records, and in Deed Book __, Page __, __ County, Georgia Records, as last transferred to Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 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 SIXTY-ONE THOUSAND NINE HUNDRED AND 0/100 DOLLARS ($161,900.00), 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 June, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Home Loan Services, Inc., 150 Allegheny Center-ICD 23-521, Pittsburgh, PA 15212, 800-622-5035. 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 Donna J. McCrary or a tenant or tenants and said property is more commonly known as 1617 Burnt Oak Ct., Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Bank of America, National Association as successor by merger to LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-3 as Attorney in Fact for Donna J. McCrary
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/pr 6/2/09
Our file no. 5987509-FT1
EXHIBIT A
All that tract or parcel of land lying and being in the 245th District, G.M., Jackson County, Georgia, being known as Lot 90, Jefferson Place Subdivision, as per plat recorded in Plat Book 64, Page 232, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference
(MY6,13,20,27B/12062-70T1P)
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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 E. ROEBUCK to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated May 17, 2007, recorded in Deed Book 48-W, Page 505, Jackson County, Georgia Records, as last transferred to Wells Fargo Bank, NA 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-THREE THOUSAND THREE HUNDRED THIRTY-SEVEN AND 0/100 DOLLARS ($163,337.00), 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 June, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is James E. Roebuck or a tenant or tenants and said property is more commonly known as 192 Creekdale Drive, Commerce, Georgia 30529.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Wells Fargo Bank, NA as Attorney in Fact for James E. Roebuck
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/rxk2 6/2/09
Our file no. 5960009-FT5
EXHIBIT A
All that tract or parcel of land lying and being in GMD 255, City of Commerce, Jackson County, Georgia, being Lot 22, of Millwood Station East Subdivision, as per plat thereof recorded in Plat Book 60, Page 42, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference and made a part of this description.
Commonly known as: 192 Creekdale Drive, Commerce, GA 30529
Parcel #022D 022E
(MY6,13,20,27B/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 SANDRA C. WOODS and JOSEPH A. WOODS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated March 6, 2007, recorded in Deed Book 48-C, Page 640, Jackson County, Georgia Records, as last transferred to HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-PA2 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 FIVE HUNDRED TWO THOUSAND SIX HUNDRED AND 0/100 DOLLARS ($502,600.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Wells Fargo Home Mortgage, Inc., PO Box 10335, Des Moines, IA 50306, 1-800-416-1472. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Sandra C. Woods a.k.a. Sandra Woods and Joseph A. Woods or a tenant or tenants and said property is more commonly known as 6158 Golf View 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.
HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Asset-Backed Pass-Through Certificates Series 2007-PA2 as Attorney in Fact for Sandra C. Woods and Joseph A. Woods
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/vxv 6/2/09
Our file no. 51019309-FT5
EXHIBIT A
All that tract or parcel of land lying and being in the 248th District, G.M. Jackson County, Georgia, being Lot 180, Pod Q, of Traditions of Braselton Phase 2 Subdivision, as per plat recorded in Plat Book 66, Pages 48-53, Jackson County, Georgia records, which plat is incorporated herein by reference and made a part hereof.
(MY6,13,20,27B/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 SCOTT A. CURRY and AMANDA D. CURRY to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as a nominee for SUNTRUST MORTGAGE, INC., dated September 25, 2006, recorded in Deed Book 45-R, Page 587, Jackson County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 54-X, Page 461, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of ONE HUNDRED NINETY-SEVEN THOUSAND FIVE HUNDRED AND 0/100 DOLLARS ($197,500.00), 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 June, 2009, the following described property:
All that tract or parcel of land lying and being in the 245th District G.M., State of Georgia, County of Jackson, being Lot 87 of Finch Landing, Phase Three and being more particularly described and delineated according to a Plat and survey prepared by Venable & Associates, Inc., Certified by Allen L. Venable, Jr., GRLS No. 1761, dated June 20, 2005, entitled “final Plat for Finch Landing, Phase III,” said Plat being of record in the office of the Clerk of Superior Court for Jackson County, Georgia, in Plat Book 66, Pages 100 through 102; which said Plat and the recording thereof are by reference hereto incorporated herein for a more complete and 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).
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 Scott A. Curry and Amanda D. Curry or a tenant or tenants and said property is more commonly known as 356 Raven Ridge, 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 Scott A. Curry and Amanda D. Curry
Johnson & Freedman, LLC
1587 Northeast Expressway
Atlanta, Georgia 30329
(770) 234-9181
www.msplaw.com/foreclosure_sales.asp
MSP/cj 6/2/09
Our file no. 15409-FT2
(MY6,13,20,27B/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 GREGORY CAIN to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated July 25, 2008, recorded in Deed Book 52-Z, Page 82, Jackson County, Georgia Records, as last transferred to SunTrust Mortgage, Inc. by assignment recorded in Deed Book 54X, Page 460, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of FOUR HUNDRED SEVENTEEN THOUSAND AND 0/100 DOLLARS ($417,000.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, the following described property:
SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: Suntrust Mortgage, Inc., 1001 Semmes Avenue, Richmond, VA 23224, 866-384-0903. 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 Gregory Cain and Athea Louise Cain or a tenant or tenants and said property is more commonly known as 929 Old Forge Lane, Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
SunTrust Mortgage, Inc. as Attorney in Fact for Gregory Cain.
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/cj 6/2/09
Our file no. 544009-FT2
EXHIBIT A
All that tract or parcel of land lying and being in the 245th and 248th District, G.M., of Jackson County, Georgia and being Lot J-34, Pod J, Traditions of Braselton Subdivision, Phase 1, as per Plat recorded in Plat Book 60, Pages 286-290, records of Jackson County, Georgia, which Plat is incorporated herein by reference and made a part of this description.
(MY6,13,20,27B/12062-60T1P
[Full Story »]
Entries from May 2009
Jackson County Public Notices 05-27-09 pt 2
Thursday, May 28. 2009
Jackson County Public Notices 05-27-09 pt 1
Thursday, May 28. 2009
Notice of Sale
Notice of Sale Under Power in Security Deed
UNDER AND BY VIRTUE of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement, dated December 3, 2007, given by ATREUS COMMUNITIES OF NORTHEAST ATLANTA, INC., a Georgia corporation, formerly known as Homelife Communities of Northeast Atlanta, Inc. (“Borrower”) to BANK OF NORTH GEORGIA (“Lender”), and recorded in Deed Book 50X, at pages 531 et seq., County, Georgia Records, as corrected by that certain Corrective Construction Loan Deed to Secure Debt and Security Agreement recorded on March 6, 2008, in Deed Book 51R, pages 308 et seq., aforesaid Records (collectively, the “Security Deed”), and pursuant to the applicable provisions of the Uniform Commercial Code, as enacted in Georgia, including, without limitation, O.C.G.A § 11-9-604, the undersigned will sell 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 June, 2009, being June 2, 2009, the following described property being located in Jackson County, Georgia (the “Secured Property”):
All that tract or parcel of land lying and being in Porter’s GMD 1765, Jackson County, Georgia, being Lot 28, Liberty Crossing, Unit One, as per plat recorded in Plat Book 68, pages 282-286, and revised in Plat Book 68, pages 290-295, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
LESS AND EXCEPT any lots described hereinabove that are released from the Security Deed prior to June 2, 2009, notice of which shall be given by announcement made at the commencement of the public sale and which will be excluded from the sale.
(The above-described property is hereinafter referred to as the “Land.”)
TOGETHER WITH:
All buildings, structures, and improvements now or hereafter erected on the Land; all tenements, easements, rights, appurtenances, reversions, remainders, rents, royalties, rights and profits to, from and appertaining to the Land; all minerals, oil, gas, water, water rights, and water stock rights to trees, crops, timber and shrubs now or hereafter on the Land; all equipment, machinery, and fixtures now or hereafter attached to the Land, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Secured Property; any and all awards or payments, including interest thereon, and the right to receive same, as a result of the exercise of the right of condemnation, eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease, in the value of any of the Secured Property.
TOGETHER WITH:
All leases, rents, profits, and income from the Secured Property.
To the best of the knowledge of Lender, the Secured Property is in the possession of the Borrower or other persons in possession by, through or under Borrower.
The undersigned may sell that portion of the Secured Property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate (the “Real Property”) separately from that portion of the Secured Property as constitutes under the laws of the State of Georgia personalty and not an interest in real estate (the “Personal Property”), 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 shall be given by announcement made at the commencement of the public sale.
The Real Property will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. The Real Property will be sold subject to (1) all unpaid taxes and assessments which are liens against the Real Property and which are prior in right to the Security Deed; (2) Right of Way Deed from James W. Thomas, Wiley Lee, et al to Jackson County, dated February 8, 1968, recorded in Deed Book 5-J, page 262, Jackson County, Georgia records; (3) Easement for Right-of-Way from J. Dean Bell and Federal Land Bank Assoc. of Gainesville, dated April 18, 1978, recorded in Deed Book 7-I, page 570, aforesaid Records; (4) Easement from Dean Bell to Alltel Service Corporation/South, through Alltel Georgia Inc.-Commerce District, dated October 10, 1984, recorded in Deed Book 9-D, page 39, aforesaid records; (5) Right-of-Way Easement from Dean Bell to Jackson Electric Membership Corporation, dated September 13, 1988, recorded in Deed Book 10-J, page 569, aforesaid records; (6) Consent and Dedication by King Winston Properties, Inc. dated February 5, 2007, recorded in Deed Book 47-O, page 66, aforesaid records; (7) Easement Agreement from Braselton Development Group, Inc. to Atlanta Gas Light Company, dated as of January 31, 2007, recorded in Deed Book 47-R, page 535, aforesaid records; (8) Declaration of Covenants, Conditions and Restrictions for Liberty Crossing by Braselton Development Group, Inc., dated April 25, 2007, recorded in Deed Book 48-L, page 171, aforesaid records; (9) those matters disclosed by plat recorded in Plat Book 68, pages 282 through 286, aforesaid records; (10) those matters disclosed by plat recorded in Plat Book 68, pages 290 through 294, aforesaid records; and (11) any and all other easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is subordinate in terms of priority.
The Personal Property will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. The Personal Property will be sold subject to all unpaid taxes and assessments, if any, which are liens against the Personal Property and which are prior in right to the Security Deed.
The Security Deed was given to secure (1) that certain Commercial Promissory Note dated as of December 3, 2007, in the original principal amount of $193,988.00 and made by Borrower to the order of Lender (the “Note”) and (2) any and all other loan documents in connection with said indebtedness (said documents, together with the Note, the Security Deed and the Loan Agreement are herein collectively referred to as the “Loan Documents”). The indebtedness evidenced by the Note and secured by the Security Deed (the “Indebtedness”) has been and is hereby declared due and immediately payable because of default by Borrower in payment of the Indebtedness in accordance with the terms of the Note and the Security Deed and the other Loan Documents and the failure of Borrower to perform its obligations under the Loan Documents.
The proceeds of the sale of the Secured Property shall be applied in accordance with the Security Deed to (i) the payment of the costs and expenses of this sale, including the expenses of protecting the Secured Property and attorneys’ fees (notice of intent to collect attorneys’ fees having been given pursuant to O.C.G.A. § 13-1-11), (ii) payment of the indebtedness secured by the Security Deed, and (iii) the surplus, if any, to the person or persons legally entitled thereto.
ATREUS COMMUNITIES OF NORTHEAST ATLANTA, INC., a Georgia corporation formerly known as Homelife Communities of Northeast Atlanta, Inc., acting by and through its attorney-in-fact, BANK OF NORTH GEORGIA
Brent S. Gilfedder, Esq.
King & Spalding LLP
1180 Peachtree Street, N.E.
Atlanta, Georgia 30309-3521
(404) 572-4600
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
UNDER AND BY VIRTUE of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement, dated August 29, 2007, given by ATREUS COMMUNITIES OF NORTHEAST ATLANTA, INC., a Georgia corporation, formerly known as Homelife Communities of Northeast Atlanta, Inc. (“Borrower”) to BANK OF NORTH GEORGIA (“Lender”), and recorded in Deed Book 50B, at pages 533 et seq., Jackson County, Georgia Records, as re-recorded on November 6, 2007, in Deed Book 50 O, at pages 771 et seq., aforesaid Records (collectively, the “Security Deed”), and pursuant to the applicable provisions of the Uniform Commercial Code, as enacted in Georgia, including, without limitation, O.C.G.A § 11-9-604, the undersigned will sell 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 June, 2009, being June 2, 2009, the following described property being located in Jackson County, Georgia (the “Secured Property”):
All that tract or parcel of land lying and being in Porter’s GMD 1765, Jackson County, Georgia, being Lots 24 through 28, 49 through 51, 65 through 77, 86 through 89, 94 through 96, and 109 through 117, Liberty Crossing, Unit One, as per plat recorded in Plat Book 68, pages 282-286, and revised in Plat Book 68, Pages 290-295, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
LESS AND EXCEPT the following-described lot which has been previously released from the Security Deed: all that tract or parcel of land lying and being in Porter’s GMD 1765, Jackson County, Georgia, and being Lot 28, Liberty Crossing, Unit One, as per plat recorded in Plat Book 68, pages 290-295, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
AND, LESS AND EXCEPT any lots described hereinabove that are released from the Security Deed prior to June 2, 2009, notice of which shall be given by announcement made at the commencement of the public sale and which will be excluded from the sale.
(The above-described property is hereinafter referred to as the “Land.”)
TOGETHER WITH:
All buildings, structures, and improvements now or hereafter erected on the Land; all tenements, easements, rights, appurtenances, reversions, remainders, rents, royalties, rights and profits to, from and appertaining to the Land; all minerals, oil, gas, water, water rights, and water stock rights to trees, crops, timber and shrubs now or hereafter on the Land; all equipment, machinery, and fixtures now or hereafter attached to the Land, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Secured Property; any and all awards or payments, including interest thereon, and the right to receive same, as a result of the exercise of the right of condemnation, eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease, in the value of any of the Secured Property.
TOGETHER WITH:
All leases, rents, profits, and income from the Secured Property.
To the best of the knowledge of Lender, the Secured Property is in the possession of the Borrower or other persons in possession by, through or under Borrower.
The undersigned may sell that portion of the Secured Property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate (the “Real Property”) separately from that portion of the Secured Property as constitutes under the laws of the State of Georgia personalty and not an interest in real estate (the “Personal Property”), 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 shall be given by announcement made at the commencement of the public sale.
The Real Property will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. The Real Property will be sold subject to (1) all unpaid taxes and assessments which are liens against the Real Property and which are prior in right to the Security Deed; (2) the riparian rights of abutting owners on any stream running through the Real Property; (3) Right of Way Deed from James W. Thomas, Wiley Lee, et al to Jackson County, dated February 8, 1968, recorded in Deed Book 5-J, page 262, Jackson County, Georgia records; (4) Easement for Right-of-Way from J. Dean Bell and Federal Land Bank Assoc. of Gainesville, dated April 18, 1978, recorded in Deed Book 7-I, page 570, aforesaid Records; (5) Easement from Dean Bell to Alltel Service Corporation/South, through Alltel Georgia Inc.-Commerce District, dated October 10, 1984, recorded in Deed Book 9-D, page 39, aforesaid records; (6) Right-of-Way Easement from Dean Bell to Jackson Electric Membership Corporation, dated September 13, 1988, recorded in Deed Book 10-J, page 569, aforesaid records; (7) Consent and Dedication by King Winston Properties, Inc. dated February 5, 2007, recorded in Deed Book 47-O, page 66, aforesaid records; (8) Easement Agreement from Braselton Development Group, Inc. to Atlanta Gas Light Company, dated as of January 31, 2007, recorded in Deed Book 47-R, page 535, aforesaid records; (9) Declaration of Covenants, Conditions and Restrictions for Liberty Crossing by Braselton Development Group, Inc., dated April 25, 2007, recorded in Deed Book 48-L, page 171, aforesaid records; (10) those matters disclosed by plat recorded in Plat Book 68, pages 282 through 286, aforesaid records; (11) those matters disclosed by plat recorded in Plat Book 68, pages 290 through 294, aforesaid records; (12) those matters disclosed by plat recorded in Plat Book 70, pages 162 through 166, aforesaid records; and (13) any and all other easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is subordinate in terms of priority.
The Personal Property will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. The Personal Property will be sold subject to all unpaid taxes and assessments, if any, which are liens against the Personal Property and which are prior in right to the Security Deed.
The Security Deed was originally given to secure (1) that certain Commercial Promissory Note dated as of August 29, 2007, in the original principal amount of $2,497,500.00 and made by Borrower to the order of Lender, which indebtedness was renewed and is now evidenced by that certain Note dated as of September 5, 2008, in the original principal amount of $2,430,000.00 and made by Borrower to the order of Lender (collectively, the “Note”) and (2) any and all other loan documents in connection with said indebtedness (said documents, together with the Note, the Security Deed and the Loan Agreement are herein collectively referred to as the “Loan Documents”). The indebtedness evidenced by the Note and secured by the Security Deed (the “Indebtedness”) has been and is hereby declared due and immediately payable because of default by Borrower in payment of the Indebtedness in accordance with the terms of the Note and the Security Deed and the other Loan Documents and the failure of Borrower to perform its obligations under the Loan Documents.
The proceeds of the sale of the Secured Property shall be applied in accordance with the Security Deed to (i) the payment of the costs and expenses of this sale, including the expenses of protecting the Secured Property and attorneys’ fees (notice of intent to collect attorneys’ fees having been given pursuant to O.C.G.A. § 13-1-11), (ii) payment of the indebtedness secured by the Security Deed, and (iii) the surplus, if any, to the person or persons legally entitled thereto.
ATREUS COMMUNITIES OF NORTHEAST ATLANTA, INC., a Georgia corporation formerly known as Homelife Communities of Northeast Atlanta, Inc., acting by and through its attorney-in-fact, BANK OF NORTH GEORGIA
Brent S. Gilfedder, Esq.
King & Spalding LLP
1180 Peachtree Street, N.E.
Atlanta, Georgia 30309-3521
(404) 572-4600
(MY6,13,20,27P4)
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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 Security Deed from GREENWOOD BUILDER GROUP, INC. (the “Grantor”) to and in favor of Bank of NORTH GEORGIA (the “Lender”) dated May 11, 2005, filed for record May 13, 2005, and recorded in Deed Book 38-V, Pages 78-82, Jackson County, Georgia Records (the “Security Deed”); securing that certain renewal Universal Note from Grantor to and in favor of Lender dated August 5, 2007, in the original principal sum of ONE HUNDRED TWENTY-THREE THOUSAND FOUR HUNDRED FIFTY-SEVEN AND 22/100 DOLLARS ($123,457.22) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in June, 2009, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, City of Jefferson, Georgia, being Lots 12, 13, 14 & 21, the Heritage at Jefferson, Phases II & III, as shown on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 64, Pages 175-179, which plat is incorporated herein by reference for a more complete description (the “Land”).
Together with all buildings, structures and other improvements now or hereafter located on the property 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 now or hereafter on said property or under 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 and fixtures, whether actually or constructively attached to said property and including all trade, domestic and ornamental fixtures, now or hereafter located in, upon or under said property or any part thereof and used or useable in connection with any present or future operation or enjoyment of said property and now owned or hereafter acquired by Grantor; 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, to the extent of all amounts which may be secured by the Security Deed at the date of receipt of any such award or payment and of reasonable attorney’s fees, costs and disbursements incurred in connection with the collection of such award or payment.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for GREENWOOD BUILDER GROUP, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY6,13,20,27P4)
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 that certain Construction Loan Deed to Secure Debt and Security Agreement from GREENWOOD BUILDER GROUP, INC. (the “Grantor”) to and in favor of BANK OF NORTH GEORGIA (the “Lender”) dated May 3, 2007, filed for record May 7, 2007, and recorded in Deed Book 48-N, Pages 363-367, Jackson County, Georgia Records (the “Security Deed”); securing that certain Master Promissory Note from Grantor to and in favor of Lender dated May 3, 2007 in the original principal sum of SIX HUNDRED THOUSAND NINE HUNDRED SIXTY AND 00/100 DOLLARS ($600,960.00) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in June, 2009, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, City of Jefferson, Georgia, being Lots 15 and 19, the Heritage at Jefferson, Phases II & III, as shown on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 64, Pages 175-179, which plat is incorporated herein by reference for a more complete description (the “Land”).
Together with all buildings, structures and improvements now or hereafter erected on the Land; all tenements, easements, rights, appurtenances, reversions, remainders, rents, royalties, rights and profits to, from and appertaining to, the Land; all minerals, oil, gas, water, water rights, and water stock, rights to trees, crops, timber and shrubs now or hereafter on the Land; all equipment, machinery, and fixtures now or hereafter attached to the Land; any and all awards or payments, including interest thereon, and the right to receive same, as a result of the exercise of the right of condemnation, eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease in the value of any of the foregoing property.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore hasbecome and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for GREENWOOD BUILDER GROUP, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY6,13,20,27P4)
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 that certain Security Deed from GREENWOOD BUILDER GROUP, INC. (the “Grantor”) to and in favor of BANK OF NORTH GEORGIA (the “Lender”) dated May 11, 2005, filed for record May 13, 2005, and recorded in Deed Book 38-V, Pages 73-77, Jackson County, Georgia Records, as modified by that certain Modification Agreement by and between Grantor and Lender, dated February 24, 2006, recorded March 3, 2006, in Deed Book 42V, Page 211, aforesaid records (as modified, the “Security Deed”); securing that certain renewal Universal Note from Grantor to and in favor of Lender dated August 5, 2007 in the original principal sum of TWO HUNDRED EIGHTY THOUSAND AND 00/100 DOLLARS ($280,000.00) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in June, 2009, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, City of Jefferson, Georgia, being Lot 17, the Heritage at Jefferson, Phases II & III, as shown on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 64, Pages 175-179, which plat is incorporated herein by reference for a more complete description (the “Land”).
Together with all buildings, structures and other improvements now or hereafter located on the property 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 now or hereafter on said property or under 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 and fixtures, whether actually or constructively attached to said property and including all trade, domestic and ornamental fixtures, now or hereafter located in, upon or under said property or any part thereof and used or useable in connection with any present or future operation or enjoyment of said property and now owned or hereafter acquired by Grantor; 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, to the extent of all amounts which may be secured by the Security Deed at the date of receipt of any such award or payment and of reasonable attorney’s fees, costs and disbursements incurred in connection with the collection of such award or payment.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for GREENWOOD BUILDER GROUP, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security Deed given by BILLY NORRIS to CHRIS THOMAS, dated DECEMBER 7, 2007, recorded in Deed Book 50-W, Pages 426-428, JACKSON County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY EIGHT THOUSAND TWO HUNDRED SIX DOLLARS AND 45/100 ($78,206.45), with interest thereon, 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 JUNE 2009, the following described property:
A ONE-HALF UNDIVIDED INTEREST IN AND TO:
ALL THAT TRACT OR PARCEL of land, together with all improvements thereon, lying and being in the 245th (Jefferson) GMD of Jackson County, Georgia, containing 5.81 acres, more or less, as shown on a plat of survey prepared by W.T. Dunahoo, RLS, dated March 15, 1969 and being recorded among Jackson County, Georgia Records in Plat Book 5, Page 374, said plat being incorporated herein by reference for a more full and complete description.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 245th GMD of Jackson County, Georgia and being shown as a right of way containing 0.15 acre, more or less, as shown on a plat of survey prepared by the Georgia Department of Transportation dated July 30, 1996 and being recorded among Jackson County, Georgia Records in Deed Book 19L, Page 63-67.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Billy Norris or a tenant or tenants and said property is more commonly known as 699 Etheridge Road, Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the US Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chris Thomas, as Attorney in Fact for Billy Norris
Spencer Carr
Carr & Gibbs, Attorneys at Law, PC
P.O. Box 999
Clarkesville, GA 30523
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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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 ROBBY R. ROBERTS and PATRICIA S. ROBERTS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 22, 2006, recorded in Deed Book 45, Page 421, Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P. 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 FORTY THOUSAND THREE HUNDRED AND 0/100 DOLLARS ($140,300.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC Home Loan Servicing, LP, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Robby R. Roberts and Patricia S. Roberts or a tenant or tenants and said property is more commonly known as 169 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.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P. as Attorney in Fact for Robby R. Roberts and Patricia S. Roberts
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jw0 6/2/09
Our file no. 51155009-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 23 of River Mist Plantation according to that Plat of survey for River Mist Plantation, by Patton-Boyer, Inc., Certified by Chris M. Patton, Georgia RLS 2647, dated July 21, 2005 and recorded in Plat Book 66, Pages 67-72, 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.
(MY6,13,20,27B/12062-70T1P)
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 JEFFREY F. COOPER and CHERYL H. COOPER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 27, 2006, recorded in Deed Book 43-A, Page 528, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, as trustee for the holders of CSAB 2007-1 by assignment recorded in Deed Book 0054N, Page 0186, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED SIXTY THOUSAND AND 0/100 DOLLARS ($260,000.00), 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 June, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC Home Loan Servicing, LP, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey F. Cooper and Cheryl H. Cooper or a tenant or tenants and said property is more commonly known as 304 Washington Parkway, Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank National Association, as trustee for the holders of CSAB 2007-1 as Attorney in Fact for Jeffrey F. Cooper and Cheryl H. Cooper
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 6/2/09
Our file no. 53303408-FT4
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245, Jackson County, City of Jefferson, Georgia, being Lot 37, The Heritage at Jefferson, Phase 1, as per Plat recorded in Plat Book 54, Page 151, Jackson County Records, said Plat being incorporated herein by reference thereto.
(MY6,13,20,27B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from EAGLE GREENS CHATTAHOOCHEE, LLC (“Grantor”) to EMPIRE FINANCIAL SERVICES, INC. (“Grantee”) dated March 31, 2005, filed and recorded April 6, 2005, in Deed Book 38-H, Page 716, Jackson County, Georgia Records, as modified by that certain Loan Modification Agreement dated March 17, 2006, filed and recorded April 27, 2006, in Deed Book 43-P, Page 383, aforesaid records (as modified, the “Security Deed”), conveying the after-described property to secure that certain Adjustable Rate Note dated March 31, 2005, from Grantor payable to Grantee in the original principal amount of NINE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($9,200,000.00), with interest thereon as set forth therein (the “First Note”), and that certain Adjustable Rate Note dated March 17, 2006, from Grantor payable to Grantee in the original principal amount of SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS ($700,000.00), with interest thereon as set forth therein (the “Second Note”) (the First Note and the Second Note hereinafter collectively referred to as the “Notes”), 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 June, 2009, the following described property:
COMMON AREA TRACTS:
All that tract or parcel of land lying and being in the 255th G.M.D. of Jackson County, Georgia, containing 260.961 acres, more or less, and shown by plat of survey dated January 21, 2005, revised March 17, 2005, prepared for Eagle Greens Chattahoochee, LLC, Empire Financial Services, Inc. and LandAmerica Lawyers Title Insurance Corporation, prepared by Warren S. Wood, Georgia Registered Surveyor No. 2849, of Wood Brothers Land Surveyors, Inc. and being more particularly described as follows:
To find the true point of beginning commence at the centerline intersection of Ga. Hwy. 98 and Sandy Creek Road, run thence South 62 degrees 41 minutes 04 seconds East for a distance of 841.23 feet along the southwestern right-of-way (100 foot right-of-way) of Ga. Hwy. 98 to a 1/2” solid rod found on the southwestern right-of-way of Ga. Hwy. 98 which is the TRUE POINT OF BEGINNING; THENCE South 65 degrees 50 minutes 05 seconds East for a distance of 1106.57 feet to a 1 1/4” open top pipe found; THENCE South 04 degrees 20 minutes 03 seconds West for a distance of 1625.05 feet to a 1/2” rebar found; THENCE North 83 degrees 05 minutes 26 seconds East for a distance of 978.12 feet to a 1/2” rebar found; THENCE North 84 degrees 01 minutes 42 seconds East for a distance of 207.16 feet to a 3/4” open top pipe found; THENCE South 06 degrees 39 minutes 52 seconds West for a distance of 1206.46 feet to the head of a branch; THENCE along said branch (centerline of branch is the property line) the following courses and distances, South 13 degrees 43 minutes 33 seconds West for a distance of 36.02 feet to a point; THENCE South 00 degrees 43 minutes 42 seconds East for a distance of 62.65 feet to a point; THENCE South 12 degrees 42 minutes 24 seconds East for a distance of 30.06 feet to a point; THENCE South 31 degrees 10 minutes 39 seconds West for a distance of 26.75 feet to a point; THENCE South 07 degrees 37 minutes 01 seconds East for a distance of 53.18 feet to a point; THENCE South 56 degrees 22 minutes 59 seconds West for a distance of 25.78 feet to a point; THENCE South 08 degrees 12 minutes 16 seconds West for a distance of 27.88 feet to a point; THENCE South 70 degrees 51 minutes 12 seconds West for a distance of 30.55 feet to a point; THENCE South 14 degrees 26 minutes 34 seconds West for a distance of 68.56 feet to a point; THENCE South 28 degrees 58 minutes 37 seconds East for a distance of 40.93 feet to a point; THENCE South 49 degrees 01 minutes 36 seconds West for a distance of 48.38 feet to a point; THENCE South 53 degrees 55 minutes 23 seconds West for a distance of 20.75 feet to a point; THENCE South 65 degrees 28 minutes 46 seconds West for a distance of 25.15 feet to a point; THENCE South 43 degrees 15 minutes 26 seconds West for a distance of 14.64 feet to a point; THENCE South 28 degrees 45 minutes 23 seconds East for a distance of 30.03 feet to a point; THENCE South 45 degrees 39 minutes 09 seconds West for a distance of 47.62 feet to a point; THENCE South 01 degrees 01 minutes 22 seconds East for a distance of 65.13 feet to a point; THENCE South 58 degrees 19 minutes 53 seconds East for a distance of 16.72 feet to a point; THENCE South 34 degrees 36 minutes 29 seconds West for a distance of 32.77 feet to a point; THENCE South 26 degrees 01 minutes 03 seconds West for a distance of 48 22 feet to a point; THENCE South 20 degrees 18 minutes 56 seconds East for a distance of 35.81 feet to a point; THENCE South 79 degrees 38 minutes 47 seconds West for a distance of 31.37 feet to a point; THENCE South 00 degrees 08 minutes 09 seconds East for a distance of 31.51 feet to a point; THENCE North 72 degrees 21 minutes 29 seconds East for a distance of 28.53 feet to a point; THENCE South 06 degrees 33 minutes 12 seconds East for a distance of 79.50 feet to a point; THENCE South 40 degrees 37 minutes 17 seconds East for a distance of 59.11 feet to a point; THENCE South 46 degrees 09 minutes 10 seconds West for a distance of 29.11 feet to a point; THENCE South 10 degrees 54 minutes 04 seconds East for distance of 32.93 feet to a point; THENCE South 27 degrees 31 minutes 54 seconds West for a distance of 20.93 feet to a point; THENCE South 19 degrees 12 minutes 11 seconds East for a distance of 32.48 feet to a point; THENCE North 73 degrees 22 minutes 02 seconds East for a distance of 18.32 feet to a point; THENCE South 08 degrees 40 minutes 18 seconds West for a distance of 88.00 feet to a point; THENCE South 39 degrees 43 minutes 35 seconds East for a distance of 49.07 feet to a point; THENCE South 40 degrees 20 minutes 40 seconds West for a distance of 76.12 feet to a point; THENCE South 18 degrees 46 minutes 59 seconds East for a distance of 33.26 feet to a point; THENCE South 57 degrees 43 minutes 45 seconds West for a distance of 37.55 feet to a point; THENCE South 12 degrees 10 minutes 04 seconds West for a distance of 42.96 feet to a point; THENCE South 66 degrees 27 minutes 41 seconds West for a distance of 36.86 feet to a point; THENCE South 26 degrees 01 minutes 28 seconds West for a distance of 33.78 feet to a point; THENCE South 43 degrees 13 minutes 18 seconds West for a distance of 71.88 feet to a point; THENCE South 34 degrees 15 minutes 08 seconds West for a distance of 71.51 feet to a point; THENCE South 16 degrees 20 minutes 02 seconds West for a distance of 53.86 feet to a point; THENCE South 01 degrees 54 minutes 17 seconds East for a distance of 41.14 feet to a point; THENCE South 68 degrees 23 minutes 49 seconds West for a distance of 36.59 feet to a point; THENCE South 15 degrees 33 minutes 00 seconds East for a distance of 55.22 feet to a point; THENCE South 00 degrees 08 minutes 18 seconds West for a distance of 75.69 feet to a point; THENCE South 64 degrees 52 minutes 59 seconds East for a distance of 24.88 feet to a point; THENCE South 36 degrees 31 minutes 08 seconds West for a distance of 51.00 feet to a point; THENCE South 62 degrees 17 minutes 47 seconds West for a distance of 24.29 feet to a point; THENCE South 08 degrees 08 minutes 19 seconds West for a distance of 45.28 feet to a point; THENCE North 80 degrees 47 minutes 34 seconds West for a distance of 41.81 feet to a point; THENCE South 25 degrees 56 minutes 10 seconds West for a distance of 21.10 feet to a point; THENCE South 84 degrees 18 minutes 23 seconds East for a distance of 27.75 feet to a point; THENCE South 03 degrees 50 minutes 18 seconds East for a distance of 11.66 feet to a point; THENCE South 60 degrees 32 minutes 53 seconds West for a distance of 44.78 feet to a point; THENCE South 85 degrees 31 minutes 48 seconds West for a distance of 26.13 feet to a point; THENCE South 65 degrees 52 minutes 14 seconds West for a distance of 48.48 feet to a point; THENCE South 08 degrees 37 minutes 51 seconds West for a distance of 21.53 feet to a point; THENCE South 64 degrees 50 minutes 24 seconds West for a distance of 51.70 feet to a point; THENCE South 13 degrees 26 minutes 11 seconds West for a distance of 58.84 feet to a point; THENCE South 66 degrees 47 minutes 07 seconds West for a distance of 53.17 feet to a point; THENCE South 56 degrees 20 minutes 42 seconds West for a distance of 46.94 feet to, a point; THENCE South 35 degrees 36 minutes 57 seconds West for a distance of 32.35 feet to a point; THENCE South 10 degrees 24 minutes 18 seconds West for a distance of 11.77 feet to a point; THENCE South 25 degrees 19 minutes 50 seconds East for a distance of 22.26 feet to a point; THENCE North 63 degrees 09 minutes 11 seconds East for a distance of 18.21 feet to a point; THENCE South 17 degrees 26 minutes 55 seconds East for a distance of 57.37 feet to a point; THENCE South 09 degrees 43 minutes 42 seconds East for a distance of 52.29 feet to a point; THENCE South 55 degrees 55 minutes 55 seconds West for a distance of 28.82 feet to a point; THENCE South 15 degrees 14 minutes 11 seconds West for a distance of 47.41 feet to a point; THENCE South 10 degrees 32 minutes 53 seconds East for a distance of 50.81 feet to a point; THENCE South 78 degrees 07 minutes 42 seconds West for a distance of 22.65 feet to a point; THENCE South 03 degrees 19 minutes 48 seconds East for a distance of 73.91 feet to a point; THENCE South 48 degrees 33 minutes 05 seconds West for a distance of 95.08 feet to a point; THENCE leaving said branch North 45 degrees 17 minutes 57 seconds West for a distance of 1188.15 feet to an 1/2” rebar set; THENCE North 59 degrees 07 minutes 42 seconds West for a distance of 1130.62 feet to a 1/2” rebar set; THENCE South 69 degrees 06 minutes 48 seconds West for a distance of 452.33 feet to a 1/2” rebar set; THENCE North 51 degrees 07 minutes 29 seconds West for a distance of 48.33 feet to a point in the centerline of Sandy Creek; THENCE along said centerline (old centerline of creek is the property line) the following courses and distances, North 31 degrees 33 minutes 09 seconds West for a distance of 363.88 feet to a point; THENCE North 30 degrees 34 minutes 34 seconds West for a distance of 129.81 feet to a point; THENCE North 16 degrees 55 minutes 58 seconds West for a distance of 176.48 feet to a point; THENCE North 20 degrees 50 minutes 40 seconds West for a distance of 120.05 feet to the end of a 30” reinforced concrete pipe; THENCE North 22 degrees 22 minutes 11 seconds West for a distance of 192.61 feet to a point; THENCE North 10 degrees 08 minutes 47 seconds West for a distance of 493.01 feet to a point; THENCE North 01 degrees 11 minutes 25 seconds West for a distance of 355.08 feet to a point; THENCE North 25 degrees 33 minutes 35 seconds East for a distance of 165.00 feet to a point; THENCE North 55 degrees 33 minutes 35 seconds East for a distance of 632.28 feet to an 3/8” rebar found; THENCE North 39 degrees 17 minutes 33 seconds East for a distance of 475.17 feet to a 3/8” rebar found; THENCE North 19 degrees 16 minutes 55 seconds East for a distance of 1207.47 feet to a 1” solid rod found; THENCE North 19 degrees 39 minutes 30 seconds East for a distance of 358.24 feet to a 1/2” solid rod found; THENCE North 68 degrees 55 minutes 31 seconds East for a distance of 238.77 feet to TRUE POINT OF BEGINNING.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 255th G.M.D. of Jackson County, Georgia, being designated as Tract 9, containing 17.405 acres, more or less, and shown by plat of survey dated January 21, 2005, revised March 17, 2005, prepared for Eagle Greens Chattahoochee, LLC, Empire Financial Services, Inc. and LandAmerica Lawyers Title Insurance Corporation, prepared by Warren S. Wood, Georgia Registered Surveyor No. 2849, of Wood Brothers Land Surveyors, Inc. and being more particularly described as follows:
To find the true point of beginning commence at the centerline intersection of Ga. Hwy. 98 and Sandy Creek Road, thence along the southwestern right-of-way (100 foot right-of-way) of Ga. Hwy. 98 South 62 degrees 41 minutes 04 seconds East for a distance of 841.23 feet to a 1/2” solid rod found on the southwestern right-of-way of Ga. Hwy. 98; THENCE South 68 degrees 55 minutes 31 seconds West for a distance of 238.77 feet to a 1/2” solid rod found; THENCE South 19 degrees 39 minutes 30 seconds West for a distance of 358.24 feet to a 1” solid rod found; THENCE South 19 degrees 16 minutes 55 seconds West for a distance of 1207.47 feet to an 3/8” rebar found; THENCE South 39 degrees 17 minutes 33 seconds West for a distance of 331.60 feet to a point which is the TRUE POINT OF BEGINNING;
THENCE South 50 degrees 42 minutes 27 seconds East for a distance of 150.79 feet to a point; THENCE North 44 degrees 59 minutes 27 seconds East for a distance of 379.94 feet to a point; THENCE South 27 degrees 39 minutes 34 seconds East for a distance of 234.83 feet to a point; THENCE South 45 degrees 17 minutes 11 seconds East for a distance of 152.24 feet to a point; THENCE North 69 degrees 43 minutes 00 seconds East for a distance of 41.51 feet to a point; THENCE North 48 degrees 28 minutes 45 seconds East for a distance of 50.19 feet to a point; THENCE North 84 degrees 17 minutes 08 seconds East for a distance of 57.15 feet to a point; THENCE South 85 degrees 40 minutes 01 seconds East for a distance of 109.74 feet to a point; THENCE North 88 degrees 43 minutes 18 seconds East for a distance of 80.71 feet to a point; THENCE North 68 degrees 52 minutes 04 seconds East for a distance of 133.63 feet to a point; THENCE South 03 degrees 17 minutes 27 seconds West for a distance of 78.24 feet to a point; THENCE South 80 degrees 45 minutes 22 seconds West for a distance of 86.07 feet to a point; THENCE South 78 degrees 36 minutes 32 seconds West for a distance of 92.33 feet to a point; THENCE South 88 degrees 10 minutes 29 seconds West for a distance of 88.53 feet to a point; THENCE South 80 degrees 06 minutes 59 seconds West for a distance of 128.69 feet to a point; THENCE South 73 degrees 37 minutes 46 seconds West for a distance of 27.93 feet to a point; THENCE North 71 degrees 24 minutes 41 seconds West for a distance of 129.15 feet to a point; THENCE North 83 degrees 11 minutes 05 seconds West for a distance of 233.26 feet to a point; THENCE South 81 degrees 31 minutes 56 seconds West for a distance of 96.53 feet to a point; THENCE South 57 degrees 30 minutes 07 seconds West for a distance of 175.77 feet to a point; THENCE South 53 degrees 59 minutes 25 seconds West for a distance of 155.68 feet to a point; THENCE South 37 degrees 19 minutes 59 seconds West for a distance of 71.92 feet to a point; THENCE South 51 degrees 47 minutes 39 seconds West for a distance of 198.22 feet to a point; THENCE South 54 degrees 43 minutes 34 seconds West for a distance of 62.87 feet to a point; THENCE South 11 degrees 05 minutes 00 seconds East for a distance of 77.07 feet to a point; THENCE South 21 degrees 23 minutes 33 seconds West for a distance of 65.45 feet to a point; THENCE South 12 degrees 22 minutes 39 seconds West for a distance of 40.04 feet to a point; THENCE South 34 degrees 13 minutes 47 seconds East for a distance of 42.65 feet to a point; THENCE South 40 degrees 38 minutes 27 seconds East for a distance of 41.11 feet to a point; THENCE North 39 degrees 07 minutes 39 seconds East for a distance of 97.43 feet to a point; THENCE North 24 degrees 35 minutes 22 seconds East for a distance of 235.14 feet to a point; THENCE North 82 degrees 14 minutes 36 seconds East for a distance of 210.22 feet to a point; THENCE North 70 degrees 12 minutes 49 seconds East for a distance of 209.26 feet to a point; THENCE North 87 degrees 29 minutes 50 seconds East for a distance of 476.15 feet to a point; THENCE South 10 degrees 06 minutes 55 seconds East for a distance of 55.61 feet to a point; THENCE South 80 degrees 57 minutes 04 seconds West for a distance of 295.83 feet to a point; THENCE South 72 degrees 25 minutes 10 seconds West for a distance of 191.63 feet to a point; THENCE South 81 degrees 32 minutes 51 seconds West for a distance of 410.78 feet to a point; THENCE South 24 degrees 35 minutes 22 seconds West for a distance of 148.32 feet to a point; THENCE South 18 degrees 24 minutes 08 seconds East for a distance of 111.89 feet to a point; THENCE North 83 degrees 54 minutes 44 seconds East for a distance of 217.79 feet to a point; THENCE South 16 degrees 13 minutes 19 seconds East for a distance of 443.39 feet to a point; THENCE along a curve to the left having a radius of 50.00 feet and an arc length of 20.00 feet, being subtended by a chord of South 44 degrees 24 minutes 25 seconds West for a distance of 19.87 feet to a point; THENCE North 49 degrees 31 minutes 05 seconds West for a distance of 312.75 feet to a point; THENCE South 70 degrees 16 minutes 48 seconds West for a distance of 132.32 feet to a point; THENCE South 13 degrees 03 minutes 55 seconds West for a distance of 98.92 feet to a point; THENCE South 08 degrees 57 minutes 29 seconds West for a distance of 179.98 feet to a point; THENCE South 01 degrees 26 minutes 58 seconds West for a distance of 181.05 feet to a point; THENCE South 03 degrees 18 minutes 28 seconds East for a distance of 71.59 feet to a point; THENCE South 12 degrees 54 minutes 29 seconds East for a distance of 61.09 feet to a point; THENCE South 22 degrees 53 minutes 22 seconds East for a distance of 165.06 feet to a point; THENCE South 19 degrees 39 minutes 31 seconds East for a distance of 139.87 feet to a point; THENCE South 55 degrees 44 minutes 17 seconds West for a distance of 62.54 feet to a point; THENCE South 18 degrees 52 minutes 33 seconds East for a distance of 116.83 feet to a point; THENCE South 75 degrees 26 minutes 45 seconds East for a distance of 160.83 feet to a point; THENCE South 21 degrees 01 minutes 38 seconds East for a distance of 160.28 feet to a point; THENCE South 69 degrees 06 minutes 48 seconds West for a distance of 208.87 feet to a point in the centerline of Sandy Creek; THENCE up said creek and along the centerline (centerline of creek is property line) thereof the following courses and distances, North 51 degrees 07 minutes 29 seconds West for a distance of 48.33 feet to a point; THENCE North 31 degrees 33 minutes 09 seconds West for a distance of 363.88 feet to a point; THENCE North 30 degrees 34 minutes 34 seconds West for a distance of 129.81 feet to a point; THENCE North 16 degrees 55 minutes 58 seconds West for a distance of 176.48 feet to a point; THENCE North 20 degrees 50 minutes 40 seconds West for a distance of 120.05 feet to the end of a 30” reinforced concrete pipe; THENCE North 22.degrees 22 minutes 11 seconds West for a distance of 160.54 feet to a point; THENCE leaving the centerline of the creek North 51 degrees 29 minutes 19 seconds East for a distance of 59.18 feet to a point; THENCE North 41 degrees 32 minutes 07 seconds East for a distance of 100.62 feet to a point; THENCE North 18 degrees 12 minutes 28 seconds East for a distance of 145.61 feet to a point; THENCE North 46 degrees 18 minutes 17 seconds East for a distance of 167.43 feet to a point; THENCE North 02 degrees 11 minutes 36 seconds East for a distance of 70 54 feet to a point; THENCE North 11 degrees 24 minutes 02 seconds West for a distance of 89 87 feet to a point; THENCE North 06 degrees 00 minutes 54 seconds West for a distance of 83.40 feet to a point; THENCE North 20 degrees 53 minutes 08 seconds West for a distance of 65 30 feet to a point; THENCE North 40 degrees 38 minutes 27 seconds West for a distance of 52.97 feet to a point; THENCE North 34 degrees 13 minutes 47 seconds West for a distance of 66.99 feet to a point; THENCE North 12 degrees 22 minutes 39 seconds East for a distance of 65.52 feet to a point; THENCE North 21 degrees 23 minutes 33 seconds East for a distance of 54.83 feet to a point; THENCE North 11 degrees 05 minutes 00 seconds West for a distance of 92.79 feet to a point; THENCE North 69 degrees 08 minutes 39 seconds West for a distance of 95.24 feet to a point; THENCE North 14 degrees 41 minutes 24 seconds East for a distance of 42.65 feet to a point; THENCE North 50 degrees 04 minutes 50 seconds East for a distance of 71.65 feet to a point; THENCE North 39 degrees 59 minutes 21 seconds East for a distance of 173.86 feet to a point; THENCE North 55 degrees 33 minutes 35 seconds East for a distance of 268.20 feet to a 3/8” rebar found; THENCE North 39 degrees 17 minutes 33 seconds East for a distance of 143.57 feet to the TRUE POINT OF BEGINNING.
LESS AND EXCEPT:
All those tracts or parcels of land lying and being in the 255th District, G.M., Jackson County, Georgia, and being Tract 1 consisting of 0.514 acre, Tract 2 consisting of 91.544 acres, Tract 3 consisting of 49.981 acres, Tract 4 consisting of 5.027 acres, Tract 5 consisting of 0.457 acre, Tract 6 consisting of 4.371 acres, and Tract 7 consisting of 6.414 acres, and being more particularly described on a plat and survey for Eagle Greens Chattahoochee, LLC, by Warren S. Wood, Wood Brothers & Scott, Inc., Land Surveyors, dated January 16, 2008, and recorded in Plat Book 72, Page 17, Jackson County, Georgia Records. Said plat is incorporated herein and made a part hereof by reference and made a part of this description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, being Lots 1-14, Block A, Lots 1-27, Block B, Lots 1-26, Block C, and Lots 1-17, Block D of Sandy Creek Golf Course Subdivision, as per plat thereof recorded in Plat Book 66, Pages 283-294, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference and made a part of this description.
TOGETHER WITH SUBDIVISION LOT TRACTS:
All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, being Lots 1-7 and Lots 11-14, Block A; Lots 4-27, Block B; Lots 1-6, Lots 10-13, Lots 15-16, Lots 18-23 and Lots 25-26, Block C; and Lots 1-12, Lot 14 and Lots 16-17, Block D of Sandy Creek Golf Course Subdivision, together with all common areas, as per plat recorded in Plat Book 66, Pages 283-294, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference and made a part of this description.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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. 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 as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to [Full Story »]
Notice of Sale Under Power in Security Deed
UNDER AND BY VIRTUE of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement, dated December 3, 2007, given by ATREUS COMMUNITIES OF NORTHEAST ATLANTA, INC., a Georgia corporation, formerly known as Homelife Communities of Northeast Atlanta, Inc. (“Borrower”) to BANK OF NORTH GEORGIA (“Lender”), and recorded in Deed Book 50X, at pages 531 et seq., County, Georgia Records, as corrected by that certain Corrective Construction Loan Deed to Secure Debt and Security Agreement recorded on March 6, 2008, in Deed Book 51R, pages 308 et seq., aforesaid Records (collectively, the “Security Deed”), and pursuant to the applicable provisions of the Uniform Commercial Code, as enacted in Georgia, including, without limitation, O.C.G.A § 11-9-604, the undersigned will sell 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 June, 2009, being June 2, 2009, the following described property being located in Jackson County, Georgia (the “Secured Property”):
All that tract or parcel of land lying and being in Porter’s GMD 1765, Jackson County, Georgia, being Lot 28, Liberty Crossing, Unit One, as per plat recorded in Plat Book 68, pages 282-286, and revised in Plat Book 68, pages 290-295, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
LESS AND EXCEPT any lots described hereinabove that are released from the Security Deed prior to June 2, 2009, notice of which shall be given by announcement made at the commencement of the public sale and which will be excluded from the sale.
(The above-described property is hereinafter referred to as the “Land.”)
TOGETHER WITH:
All buildings, structures, and improvements now or hereafter erected on the Land; all tenements, easements, rights, appurtenances, reversions, remainders, rents, royalties, rights and profits to, from and appertaining to the Land; all minerals, oil, gas, water, water rights, and water stock rights to trees, crops, timber and shrubs now or hereafter on the Land; all equipment, machinery, and fixtures now or hereafter attached to the Land, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Secured Property; any and all awards or payments, including interest thereon, and the right to receive same, as a result of the exercise of the right of condemnation, eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease, in the value of any of the Secured Property.
TOGETHER WITH:
All leases, rents, profits, and income from the Secured Property.
To the best of the knowledge of Lender, the Secured Property is in the possession of the Borrower or other persons in possession by, through or under Borrower.
The undersigned may sell that portion of the Secured Property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate (the “Real Property”) separately from that portion of the Secured Property as constitutes under the laws of the State of Georgia personalty and not an interest in real estate (the “Personal Property”), 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 shall be given by announcement made at the commencement of the public sale.
The Real Property will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. The Real Property will be sold subject to (1) all unpaid taxes and assessments which are liens against the Real Property and which are prior in right to the Security Deed; (2) Right of Way Deed from James W. Thomas, Wiley Lee, et al to Jackson County, dated February 8, 1968, recorded in Deed Book 5-J, page 262, Jackson County, Georgia records; (3) Easement for Right-of-Way from J. Dean Bell and Federal Land Bank Assoc. of Gainesville, dated April 18, 1978, recorded in Deed Book 7-I, page 570, aforesaid Records; (4) Easement from Dean Bell to Alltel Service Corporation/South, through Alltel Georgia Inc.-Commerce District, dated October 10, 1984, recorded in Deed Book 9-D, page 39, aforesaid records; (5) Right-of-Way Easement from Dean Bell to Jackson Electric Membership Corporation, dated September 13, 1988, recorded in Deed Book 10-J, page 569, aforesaid records; (6) Consent and Dedication by King Winston Properties, Inc. dated February 5, 2007, recorded in Deed Book 47-O, page 66, aforesaid records; (7) Easement Agreement from Braselton Development Group, Inc. to Atlanta Gas Light Company, dated as of January 31, 2007, recorded in Deed Book 47-R, page 535, aforesaid records; (8) Declaration of Covenants, Conditions and Restrictions for Liberty Crossing by Braselton Development Group, Inc., dated April 25, 2007, recorded in Deed Book 48-L, page 171, aforesaid records; (9) those matters disclosed by plat recorded in Plat Book 68, pages 282 through 286, aforesaid records; (10) those matters disclosed by plat recorded in Plat Book 68, pages 290 through 294, aforesaid records; and (11) any and all other easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is subordinate in terms of priority.
The Personal Property will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. The Personal Property will be sold subject to all unpaid taxes and assessments, if any, which are liens against the Personal Property and which are prior in right to the Security Deed.
The Security Deed was given to secure (1) that certain Commercial Promissory Note dated as of December 3, 2007, in the original principal amount of $193,988.00 and made by Borrower to the order of Lender (the “Note”) and (2) any and all other loan documents in connection with said indebtedness (said documents, together with the Note, the Security Deed and the Loan Agreement are herein collectively referred to as the “Loan Documents”). The indebtedness evidenced by the Note and secured by the Security Deed (the “Indebtedness”) has been and is hereby declared due and immediately payable because of default by Borrower in payment of the Indebtedness in accordance with the terms of the Note and the Security Deed and the other Loan Documents and the failure of Borrower to perform its obligations under the Loan Documents.
The proceeds of the sale of the Secured Property shall be applied in accordance with the Security Deed to (i) the payment of the costs and expenses of this sale, including the expenses of protecting the Secured Property and attorneys’ fees (notice of intent to collect attorneys’ fees having been given pursuant to O.C.G.A. § 13-1-11), (ii) payment of the indebtedness secured by the Security Deed, and (iii) the surplus, if any, to the person or persons legally entitled thereto.
ATREUS COMMUNITIES OF NORTHEAST ATLANTA, INC., a Georgia corporation formerly known as Homelife Communities of Northeast Atlanta, Inc., acting by and through its attorney-in-fact, BANK OF NORTH GEORGIA
Brent S. Gilfedder, Esq.
King & Spalding LLP
1180 Peachtree Street, N.E.
Atlanta, Georgia 30309-3521
(404) 572-4600
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power in Security Deed
UNDER AND BY VIRTUE of the power of sale contained in that certain Construction Loan Deed to Secure Debt and Security Agreement, dated August 29, 2007, given by ATREUS COMMUNITIES OF NORTHEAST ATLANTA, INC., a Georgia corporation, formerly known as Homelife Communities of Northeast Atlanta, Inc. (“Borrower”) to BANK OF NORTH GEORGIA (“Lender”), and recorded in Deed Book 50B, at pages 533 et seq., Jackson County, Georgia Records, as re-recorded on November 6, 2007, in Deed Book 50 O, at pages 771 et seq., aforesaid Records (collectively, the “Security Deed”), and pursuant to the applicable provisions of the Uniform Commercial Code, as enacted in Georgia, including, without limitation, O.C.G.A § 11-9-604, the undersigned will sell 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 June, 2009, being June 2, 2009, the following described property being located in Jackson County, Georgia (the “Secured Property”):
All that tract or parcel of land lying and being in Porter’s GMD 1765, Jackson County, Georgia, being Lots 24 through 28, 49 through 51, 65 through 77, 86 through 89, 94 through 96, and 109 through 117, Liberty Crossing, Unit One, as per plat recorded in Plat Book 68, pages 282-286, and revised in Plat Book 68, Pages 290-295, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
LESS AND EXCEPT the following-described lot which has been previously released from the Security Deed: all that tract or parcel of land lying and being in Porter’s GMD 1765, Jackson County, Georgia, and being Lot 28, Liberty Crossing, Unit One, as per plat recorded in Plat Book 68, pages 290-295, Jackson County, Georgia Records, which recorded plat is incorporated herein by reference for a more complete description of said property.
AND, LESS AND EXCEPT any lots described hereinabove that are released from the Security Deed prior to June 2, 2009, notice of which shall be given by announcement made at the commencement of the public sale and which will be excluded from the sale.
(The above-described property is hereinafter referred to as the “Land.”)
TOGETHER WITH:
All buildings, structures, and improvements now or hereafter erected on the Land; all tenements, easements, rights, appurtenances, reversions, remainders, rents, royalties, rights and profits to, from and appertaining to the Land; all minerals, oil, gas, water, water rights, and water stock rights to trees, crops, timber and shrubs now or hereafter on the Land; all equipment, machinery, and fixtures now or hereafter attached to the Land, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Secured Property; any and all awards or payments, including interest thereon, and the right to receive same, as a result of the exercise of the right of condemnation, eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease, in the value of any of the Secured Property.
TOGETHER WITH:
All leases, rents, profits, and income from the Secured Property.
To the best of the knowledge of Lender, the Secured Property is in the possession of the Borrower or other persons in possession by, through or under Borrower.
The undersigned may sell that portion of the Secured Property as may, under the laws of the State of Georgia, constitute an estate or interest in real estate (the “Real Property”) separately from that portion of the Secured Property as constitutes under the laws of the State of Georgia personalty and not an interest in real estate (the “Personal Property”), 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 shall be given by announcement made at the commencement of the public sale.
The Real Property will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. The Real Property will be sold subject to (1) all unpaid taxes and assessments which are liens against the Real Property and which are prior in right to the Security Deed; (2) the riparian rights of abutting owners on any stream running through the Real Property; (3) Right of Way Deed from James W. Thomas, Wiley Lee, et al to Jackson County, dated February 8, 1968, recorded in Deed Book 5-J, page 262, Jackson County, Georgia records; (4) Easement for Right-of-Way from J. Dean Bell and Federal Land Bank Assoc. of Gainesville, dated April 18, 1978, recorded in Deed Book 7-I, page 570, aforesaid Records; (5) Easement from Dean Bell to Alltel Service Corporation/South, through Alltel Georgia Inc.-Commerce District, dated October 10, 1984, recorded in Deed Book 9-D, page 39, aforesaid records; (6) Right-of-Way Easement from Dean Bell to Jackson Electric Membership Corporation, dated September 13, 1988, recorded in Deed Book 10-J, page 569, aforesaid records; (7) Consent and Dedication by King Winston Properties, Inc. dated February 5, 2007, recorded in Deed Book 47-O, page 66, aforesaid records; (8) Easement Agreement from Braselton Development Group, Inc. to Atlanta Gas Light Company, dated as of January 31, 2007, recorded in Deed Book 47-R, page 535, aforesaid records; (9) Declaration of Covenants, Conditions and Restrictions for Liberty Crossing by Braselton Development Group, Inc., dated April 25, 2007, recorded in Deed Book 48-L, page 171, aforesaid records; (10) those matters disclosed by plat recorded in Plat Book 68, pages 282 through 286, aforesaid records; (11) those matters disclosed by plat recorded in Plat Book 68, pages 290 through 294, aforesaid records; (12) those matters disclosed by plat recorded in Plat Book 70, pages 162 through 166, aforesaid records; and (13) any and all other easements, limitations, restrictions, reservations, covenants and encumbrances of record to which the Security Deed is subordinate in terms of priority.
The Personal Property will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever with respect thereto. The Personal Property will be sold subject to all unpaid taxes and assessments, if any, which are liens against the Personal Property and which are prior in right to the Security Deed.
The Security Deed was originally given to secure (1) that certain Commercial Promissory Note dated as of August 29, 2007, in the original principal amount of $2,497,500.00 and made by Borrower to the order of Lender, which indebtedness was renewed and is now evidenced by that certain Note dated as of September 5, 2008, in the original principal amount of $2,430,000.00 and made by Borrower to the order of Lender (collectively, the “Note”) and (2) any and all other loan documents in connection with said indebtedness (said documents, together with the Note, the Security Deed and the Loan Agreement are herein collectively referred to as the “Loan Documents”). The indebtedness evidenced by the Note and secured by the Security Deed (the “Indebtedness”) has been and is hereby declared due and immediately payable because of default by Borrower in payment of the Indebtedness in accordance with the terms of the Note and the Security Deed and the other Loan Documents and the failure of Borrower to perform its obligations under the Loan Documents.
The proceeds of the sale of the Secured Property shall be applied in accordance with the Security Deed to (i) the payment of the costs and expenses of this sale, including the expenses of protecting the Secured Property and attorneys’ fees (notice of intent to collect attorneys’ fees having been given pursuant to O.C.G.A. § 13-1-11), (ii) payment of the indebtedness secured by the Security Deed, and (iii) the surplus, if any, to the person or persons legally entitled thereto.
ATREUS COMMUNITIES OF NORTHEAST ATLANTA, INC., a Georgia corporation formerly known as Homelife Communities of Northeast Atlanta, Inc., acting by and through its attorney-in-fact, BANK OF NORTH GEORGIA
Brent S. Gilfedder, Esq.
King & Spalding LLP
1180 Peachtree Street, N.E.
Atlanta, Georgia 30309-3521
(404) 572-4600
(MY6,13,20,27P4)
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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 Security Deed from GREENWOOD BUILDER GROUP, INC. (the “Grantor”) to and in favor of Bank of NORTH GEORGIA (the “Lender”) dated May 11, 2005, filed for record May 13, 2005, and recorded in Deed Book 38-V, Pages 78-82, Jackson County, Georgia Records (the “Security Deed”); securing that certain renewal Universal Note from Grantor to and in favor of Lender dated August 5, 2007, in the original principal sum of ONE HUNDRED TWENTY-THREE THOUSAND FOUR HUNDRED FIFTY-SEVEN AND 22/100 DOLLARS ($123,457.22) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in June, 2009, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, City of Jefferson, Georgia, being Lots 12, 13, 14 & 21, the Heritage at Jefferson, Phases II & III, as shown on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 64, Pages 175-179, which plat is incorporated herein by reference for a more complete description (the “Land”).
Together with all buildings, structures and other improvements now or hereafter located on the property 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 now or hereafter on said property or under 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 and fixtures, whether actually or constructively attached to said property and including all trade, domestic and ornamental fixtures, now or hereafter located in, upon or under said property or any part thereof and used or useable in connection with any present or future operation or enjoyment of said property and now owned or hereafter acquired by Grantor; 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, to the extent of all amounts which may be secured by the Security Deed at the date of receipt of any such award or payment and of reasonable attorney’s fees, costs and disbursements incurred in connection with the collection of such award or payment.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for GREENWOOD BUILDER GROUP, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY6,13,20,27P4)
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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 Construction Loan Deed to Secure Debt and Security Agreement from GREENWOOD BUILDER GROUP, INC. (the “Grantor”) to and in favor of BANK OF NORTH GEORGIA (the “Lender”) dated May 3, 2007, filed for record May 7, 2007, and recorded in Deed Book 48-N, Pages 363-367, Jackson County, Georgia Records (the “Security Deed”); securing that certain Master Promissory Note from Grantor to and in favor of Lender dated May 3, 2007 in the original principal sum of SIX HUNDRED THOUSAND NINE HUNDRED SIXTY AND 00/100 DOLLARS ($600,960.00) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in June, 2009, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, City of Jefferson, Georgia, being Lots 15 and 19, the Heritage at Jefferson, Phases II & III, as shown on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 64, Pages 175-179, which plat is incorporated herein by reference for a more complete description (the “Land”).
Together with all buildings, structures and improvements now or hereafter erected on the Land; all tenements, easements, rights, appurtenances, reversions, remainders, rents, royalties, rights and profits to, from and appertaining to, the Land; all minerals, oil, gas, water, water rights, and water stock, rights to trees, crops, timber and shrubs now or hereafter on the Land; all equipment, machinery, and fixtures now or hereafter attached to the Land; any and all awards or payments, including interest thereon, and the right to receive same, as a result of the exercise of the right of condemnation, eminent domain, the alteration of the grade of any street, or any other injury to, taking of, or decrease in the value of any of the foregoing property.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore hasbecome and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for GREENWOOD BUILDER GROUP, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY6,13,20,27P4)
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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 Security Deed from GREENWOOD BUILDER GROUP, INC. (the “Grantor”) to and in favor of BANK OF NORTH GEORGIA (the “Lender”) dated May 11, 2005, filed for record May 13, 2005, and recorded in Deed Book 38-V, Pages 73-77, Jackson County, Georgia Records, as modified by that certain Modification Agreement by and between Grantor and Lender, dated February 24, 2006, recorded March 3, 2006, in Deed Book 42V, Page 211, aforesaid records (as modified, the “Security Deed”); securing that certain renewal Universal Note from Grantor to and in favor of Lender dated August 5, 2007 in the original principal sum of TWO HUNDRED EIGHTY THOUSAND AND 00/100 DOLLARS ($280,000.00) (the “Note”); there will be sold at public outcry by Lender as attorney-in-fact of Grantor to the highest bidder for cash between the legal hours for sale before the Courthouse door in Jackson County, Georgia, on the first Tuesday in June, 2009, the following described land, improvements and appurtenances (hereinafter collectively referred to as the “Premises”) to wit:
All that tract or parcel of land lying and being in GMD 245, Jackson County, City of Jefferson, Georgia, being Lot 17, the Heritage at Jefferson, Phases II & III, as shown on plat of said subdivision recorded in Jackson County Plat Records at Plat Book 64, Pages 175-179, which plat is incorporated herein by reference for a more complete description (the “Land”).
Together with all buildings, structures and other improvements now or hereafter located on the property 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 now or hereafter on said property or under 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 and fixtures, whether actually or constructively attached to said property and including all trade, domestic and ornamental fixtures, now or hereafter located in, upon or under said property or any part thereof and used or useable in connection with any present or future operation or enjoyment of said property and now owned or hereafter acquired by Grantor; 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, to the extent of all amounts which may be secured by the Security Deed at the date of receipt of any such award or payment and of reasonable attorney’s fees, costs and disbursements incurred in connection with the collection of such award or payment.
The indebtedness evidenced by the Note is due and payable and remains unpaid. The Security Deed therefore has become and is now foreclosable according to its terms. Accordingly, the Premises will be sold at public outcry pursuant to the terms of the power of sale provided in the Security Deed.
The Premises will be sold on an “as is, where is” basis without recourse against Lender and without representation or warranty of any kind or nature whatsoever by Lender with respect thereto.
The proceeds of the sale are to be applied first to the expenses of the sale and all proceedings in connection therewith, including attorneys’ fees (notice of intention to collect attorneys’ fees having been given), then to the payment of all sums secured by the Security Deed, and the remainder, if any, will be paid to the person or persons legally entitled thereto, all as provided in the Note and Security Deed. The Premises shall be sold as the property of Grantor, subject to all restrictions, easements and other matters of record that are prior to the Security Deed and to which the Security Deed is subject and to any unpaid city, county and state ad valorem taxes or assessments relating to the Premises.
To the best of the undersigned’s knowledge and belief, the owner of the Premises is the Grantor and the party or parties in possession of the Premises is the Grantor or tenants of the Grantor.
BANK OF NORTH GEORGIA As Attorney-in-Fact for GREENWOOD BUILDER GROUP, INC.
James M. Ottley, Esq.
Morris, Manning & Martin, L.L.P.
1600 Atlanta Financial Center
3343 Peachtree Road, N.E.
Atlanta, Georgia 30326
(404) 233-7000
(MY6,13,20,27P4)
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Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in a Security Deed given by BILLY NORRIS to CHRIS THOMAS, dated DECEMBER 7, 2007, recorded in Deed Book 50-W, Pages 426-428, JACKSON County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of SEVENTY EIGHT THOUSAND TWO HUNDRED SIX DOLLARS AND 45/100 ($78,206.45), with interest thereon, 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 JUNE 2009, the following described property:
A ONE-HALF UNDIVIDED INTEREST IN AND TO:
ALL THAT TRACT OR PARCEL of land, together with all improvements thereon, lying and being in the 245th (Jefferson) GMD of Jackson County, Georgia, containing 5.81 acres, more or less, as shown on a plat of survey prepared by W.T. Dunahoo, RLS, dated March 15, 1969 and being recorded among Jackson County, Georgia Records in Plat Book 5, Page 374, said plat being incorporated herein by reference for a more full and complete description.
LESS AND EXCEPT: All that tract or parcel of land lying and being in the 245th GMD of Jackson County, Georgia and being shown as a right of way containing 0.15 acre, more or less, as shown on a plat of survey prepared by the Georgia Department of Transportation dated July 30, 1996 and being recorded among Jackson County, Georgia Records in Deed Book 19L, Page 63-67.
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorney’s fees (notice having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Billy Norris or a tenant or tenants and said property is more commonly known as 699 Etheridge Road, Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the US Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Chris Thomas, as Attorney in Fact for Billy Norris
Spencer Carr
Carr & Gibbs, Attorneys at Law, PC
P.O. Box 999
Clarkesville, GA 30523
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
(MY6,13,20,27P4)
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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 ROBBY R. ROBERTS and PATRICIA S. ROBERTS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated September 22, 2006, recorded in Deed Book 45, Page 421, Jackson County, Georgia Records, as last transferred to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P. 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 FORTY THOUSAND THREE HUNDRED AND 0/100 DOLLARS ($140,300.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Jackson County, Georgia within the legal hours of sale on the first Tuesday in June, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC Home Loan Servicing, LP, 2270 Lakeside Blvd, Richardson, TX 75082, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Robby R. Roberts and Patricia S. Roberts or a tenant or tenants and said property is more commonly known as 169 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.
BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing, L.P. as Attorney in Fact for Robby R. Roberts and Patricia S. Roberts
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/jw0 6/2/09
Our file no. 51155009-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 23 of River Mist Plantation according to that Plat of survey for River Mist Plantation, by Patton-Boyer, Inc., Certified by Chris M. Patton, Georgia RLS 2647, dated July 21, 2005 and recorded in Plat Book 66, Pages 67-72, 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.
(MY6,13,20,27B/12062-70T1P)
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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 JEFFREY F. COOPER and CHERYL H. COOPER to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., dated February 27, 2006, recorded in Deed Book 43-A, Page 528, Jackson County, Georgia Records, as last transferred to U.S. Bank National Association, as trustee for the holders of CSAB 2007-1 by assignment recorded in Deed Book 0054N, Page 0186, Jackson County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of TWO HUNDRED SIXTY THOUSAND AND 0/100 DOLLARS ($260,000.00), 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 June, 2009, the following described property: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in Security Deed and by law, including attorneys fees (notice of intent to collect attorneys fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The entity that has full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is: BAC Home Loan Servicing, LP, 7105 Corporate Drive, Mail Stop PTX-C-35, Plano, TX 75024, 1-888-219-7773. Please understand that the secured creditor is not required by law to negotiate, amend, or modify the terms of the mortgage instrument.
To the best knowledge and belief of the undersigned, the party in possession of the property is Jeffrey F. Cooper and Cheryl H. Cooper or a tenant or tenants and said property is more commonly known as 304 Washington Parkway, Jefferson, Georgia 30549.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
U.S. Bank National Association, as trustee for the holders of CSAB 2007-1 as Attorney in Fact for Jeffrey F. Cooper and Cheryl H. Cooper
McCalla Raymer, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
MR/wlg 6/2/09
Our file no. 53303408-FT4
EXHIBIT A
All that tract or parcel of land lying and being in GMD 245, Jackson County, City of Jefferson, Georgia, being Lot 37, The Heritage at Jefferson, Phase 1, as per Plat recorded in Plat Book 54, Page 151, Jackson County Records, said Plat being incorporated herein by reference thereto.
(MY6,13,20,27B/12062-60T1P)
gpn11
Notice of Sale
Notice of Sale Under Power
Georgia, Jackson County
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from EAGLE GREENS CHATTAHOOCHEE, LLC (“Grantor”) to EMPIRE FINANCIAL SERVICES, INC. (“Grantee”) dated March 31, 2005, filed and recorded April 6, 2005, in Deed Book 38-H, Page 716, Jackson County, Georgia Records, as modified by that certain Loan Modification Agreement dated March 17, 2006, filed and recorded April 27, 2006, in Deed Book 43-P, Page 383, aforesaid records (as modified, the “Security Deed”), conveying the after-described property to secure that certain Adjustable Rate Note dated March 31, 2005, from Grantor payable to Grantee in the original principal amount of NINE MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($9,200,000.00), with interest thereon as set forth therein (the “First Note”), and that certain Adjustable Rate Note dated March 17, 2006, from Grantor payable to Grantee in the original principal amount of SEVEN HUNDRED THOUSAND AND NO/100 DOLLARS ($700,000.00), with interest thereon as set forth therein (the “Second Note”) (the First Note and the Second Note hereinafter collectively referred to as the “Notes”), 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 June, 2009, the following described property:
COMMON AREA TRACTS:
All that tract or parcel of land lying and being in the 255th G.M.D. of Jackson County, Georgia, containing 260.961 acres, more or less, and shown by plat of survey dated January 21, 2005, revised March 17, 2005, prepared for Eagle Greens Chattahoochee, LLC, Empire Financial Services, Inc. and LandAmerica Lawyers Title Insurance Corporation, prepared by Warren S. Wood, Georgia Registered Surveyor No. 2849, of Wood Brothers Land Surveyors, Inc. and being more particularly described as follows:
To find the true point of beginning commence at the centerline intersection of Ga. Hwy. 98 and Sandy Creek Road, run thence South 62 degrees 41 minutes 04 seconds East for a distance of 841.23 feet along the southwestern right-of-way (100 foot right-of-way) of Ga. Hwy. 98 to a 1/2” solid rod found on the southwestern right-of-way of Ga. Hwy. 98 which is the TRUE POINT OF BEGINNING; THENCE South 65 degrees 50 minutes 05 seconds East for a distance of 1106.57 feet to a 1 1/4” open top pipe found; THENCE South 04 degrees 20 minutes 03 seconds West for a distance of 1625.05 feet to a 1/2” rebar found; THENCE North 83 degrees 05 minutes 26 seconds East for a distance of 978.12 feet to a 1/2” rebar found; THENCE North 84 degrees 01 minutes 42 seconds East for a distance of 207.16 feet to a 3/4” open top pipe found; THENCE South 06 degrees 39 minutes 52 seconds West for a distance of 1206.46 feet to the head of a branch; THENCE along said branch (centerline of branch is the property line) the following courses and distances, South 13 degrees 43 minutes 33 seconds West for a distance of 36.02 feet to a point; THENCE South 00 degrees 43 minutes 42 seconds East for a distance of 62.65 feet to a point; THENCE South 12 degrees 42 minutes 24 seconds East for a distance of 30.06 feet to a point; THENCE South 31 degrees 10 minutes 39 seconds West for a distance of 26.75 feet to a point; THENCE South 07 degrees 37 minutes 01 seconds East for a distance of 53.18 feet to a point; THENCE South 56 degrees 22 minutes 59 seconds West for a distance of 25.78 feet to a point; THENCE South 08 degrees 12 minutes 16 seconds West for a distance of 27.88 feet to a point; THENCE South 70 degrees 51 minutes 12 seconds West for a distance of 30.55 feet to a point; THENCE South 14 degrees 26 minutes 34 seconds West for a distance of 68.56 feet to a point; THENCE South 28 degrees 58 minutes 37 seconds East for a distance of 40.93 feet to a point; THENCE South 49 degrees 01 minutes 36 seconds West for a distance of 48.38 feet to a point; THENCE South 53 degrees 55 minutes 23 seconds West for a distance of 20.75 feet to a point; THENCE South 65 degrees 28 minutes 46 seconds West for a distance of 25.15 feet to a point; THENCE South 43 degrees 15 minutes 26 seconds West for a distance of 14.64 feet to a point; THENCE South 28 degrees 45 minutes 23 seconds East for a distance of 30.03 feet to a point; THENCE South 45 degrees 39 minutes 09 seconds West for a distance of 47.62 feet to a point; THENCE South 01 degrees 01 minutes 22 seconds East for a distance of 65.13 feet to a point; THENCE South 58 degrees 19 minutes 53 seconds East for a distance of 16.72 feet to a point; THENCE South 34 degrees 36 minutes 29 seconds West for a distance of 32.77 feet to a point; THENCE South 26 degrees 01 minutes 03 seconds West for a distance of 48 22 feet to a point; THENCE South 20 degrees 18 minutes 56 seconds East for a distance of 35.81 feet to a point; THENCE South 79 degrees 38 minutes 47 seconds West for a distance of 31.37 feet to a point; THENCE South 00 degrees 08 minutes 09 seconds East for a distance of 31.51 feet to a point; THENCE North 72 degrees 21 minutes 29 seconds East for a distance of 28.53 feet to a point; THENCE South 06 degrees 33 minutes 12 seconds East for a distance of 79.50 feet to a point; THENCE South 40 degrees 37 minutes 17 seconds East for a distance of 59.11 feet to a point; THENCE South 46 degrees 09 minutes 10 seconds West for a distance of 29.11 feet to a point; THENCE South 10 degrees 54 minutes 04 seconds East for distance of 32.93 feet to a point; THENCE South 27 degrees 31 minutes 54 seconds West for a distance of 20.93 feet to a point; THENCE South 19 degrees 12 minutes 11 seconds East for a distance of 32.48 feet to a point; THENCE North 73 degrees 22 minutes 02 seconds East for a distance of 18.32 feet to a point; THENCE South 08 degrees 40 minutes 18 seconds West for a distance of 88.00 feet to a point; THENCE South 39 degrees 43 minutes 35 seconds East for a distance of 49.07 feet to a point; THENCE South 40 degrees 20 minutes 40 seconds West for a distance of 76.12 feet to a point; THENCE South 18 degrees 46 minutes 59 seconds East for a distance of 33.26 feet to a point; THENCE South 57 degrees 43 minutes 45 seconds West for a distance of 37.55 feet to a point; THENCE South 12 degrees 10 minutes 04 seconds West for a distance of 42.96 feet to a point; THENCE South 66 degrees 27 minutes 41 seconds West for a distance of 36.86 feet to a point; THENCE South 26 degrees 01 minutes 28 seconds West for a distance of 33.78 feet to a point; THENCE South 43 degrees 13 minutes 18 seconds West for a distance of 71.88 feet to a point; THENCE South 34 degrees 15 minutes 08 seconds West for a distance of 71.51 feet to a point; THENCE South 16 degrees 20 minutes 02 seconds West for a distance of 53.86 feet to a point; THENCE South 01 degrees 54 minutes 17 seconds East for a distance of 41.14 feet to a point; THENCE South 68 degrees 23 minutes 49 seconds West for a distance of 36.59 feet to a point; THENCE South 15 degrees 33 minutes 00 seconds East for a distance of 55.22 feet to a point; THENCE South 00 degrees 08 minutes 18 seconds West for a distance of 75.69 feet to a point; THENCE South 64 degrees 52 minutes 59 seconds East for a distance of 24.88 feet to a point; THENCE South 36 degrees 31 minutes 08 seconds West for a distance of 51.00 feet to a point; THENCE South 62 degrees 17 minutes 47 seconds West for a distance of 24.29 feet to a point; THENCE South 08 degrees 08 minutes 19 seconds West for a distance of 45.28 feet to a point; THENCE North 80 degrees 47 minutes 34 seconds West for a distance of 41.81 feet to a point; THENCE South 25 degrees 56 minutes 10 seconds West for a distance of 21.10 feet to a point; THENCE South 84 degrees 18 minutes 23 seconds East for a distance of 27.75 feet to a point; THENCE South 03 degrees 50 minutes 18 seconds East for a distance of 11.66 feet to a point; THENCE South 60 degrees 32 minutes 53 seconds West for a distance of 44.78 feet to a point; THENCE South 85 degrees 31 minutes 48 seconds West for a distance of 26.13 feet to a point; THENCE South 65 degrees 52 minutes 14 seconds West for a distance of 48.48 feet to a point; THENCE South 08 degrees 37 minutes 51 seconds West for a distance of 21.53 feet to a point; THENCE South 64 degrees 50 minutes 24 seconds West for a distance of 51.70 feet to a point; THENCE South 13 degrees 26 minutes 11 seconds West for a distance of 58.84 feet to a point; THENCE South 66 degrees 47 minutes 07 seconds West for a distance of 53.17 feet to a point; THENCE South 56 degrees 20 minutes 42 seconds West for a distance of 46.94 feet to, a point; THENCE South 35 degrees 36 minutes 57 seconds West for a distance of 32.35 feet to a point; THENCE South 10 degrees 24 minutes 18 seconds West for a distance of 11.77 feet to a point; THENCE South 25 degrees 19 minutes 50 seconds East for a distance of 22.26 feet to a point; THENCE North 63 degrees 09 minutes 11 seconds East for a distance of 18.21 feet to a point; THENCE South 17 degrees 26 minutes 55 seconds East for a distance of 57.37 feet to a point; THENCE South 09 degrees 43 minutes 42 seconds East for a distance of 52.29 feet to a point; THENCE South 55 degrees 55 minutes 55 seconds West for a distance of 28.82 feet to a point; THENCE South 15 degrees 14 minutes 11 seconds West for a distance of 47.41 feet to a point; THENCE South 10 degrees 32 minutes 53 seconds East for a distance of 50.81 feet to a point; THENCE South 78 degrees 07 minutes 42 seconds West for a distance of 22.65 feet to a point; THENCE South 03 degrees 19 minutes 48 seconds East for a distance of 73.91 feet to a point; THENCE South 48 degrees 33 minutes 05 seconds West for a distance of 95.08 feet to a point; THENCE leaving said branch North 45 degrees 17 minutes 57 seconds West for a distance of 1188.15 feet to an 1/2” rebar set; THENCE North 59 degrees 07 minutes 42 seconds West for a distance of 1130.62 feet to a 1/2” rebar set; THENCE South 69 degrees 06 minutes 48 seconds West for a distance of 452.33 feet to a 1/2” rebar set; THENCE North 51 degrees 07 minutes 29 seconds West for a distance of 48.33 feet to a point in the centerline of Sandy Creek; THENCE along said centerline (old centerline of creek is the property line) the following courses and distances, North 31 degrees 33 minutes 09 seconds West for a distance of 363.88 feet to a point; THENCE North 30 degrees 34 minutes 34 seconds West for a distance of 129.81 feet to a point; THENCE North 16 degrees 55 minutes 58 seconds West for a distance of 176.48 feet to a point; THENCE North 20 degrees 50 minutes 40 seconds West for a distance of 120.05 feet to the end of a 30” reinforced concrete pipe; THENCE North 22 degrees 22 minutes 11 seconds West for a distance of 192.61 feet to a point; THENCE North 10 degrees 08 minutes 47 seconds West for a distance of 493.01 feet to a point; THENCE North 01 degrees 11 minutes 25 seconds West for a distance of 355.08 feet to a point; THENCE North 25 degrees 33 minutes 35 seconds East for a distance of 165.00 feet to a point; THENCE North 55 degrees 33 minutes 35 seconds East for a distance of 632.28 feet to an 3/8” rebar found; THENCE North 39 degrees 17 minutes 33 seconds East for a distance of 475.17 feet to a 3/8” rebar found; THENCE North 19 degrees 16 minutes 55 seconds East for a distance of 1207.47 feet to a 1” solid rod found; THENCE North 19 degrees 39 minutes 30 seconds East for a distance of 358.24 feet to a 1/2” solid rod found; THENCE North 68 degrees 55 minutes 31 seconds East for a distance of 238.77 feet to TRUE POINT OF BEGINNING.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 255th G.M.D. of Jackson County, Georgia, being designated as Tract 9, containing 17.405 acres, more or less, and shown by plat of survey dated January 21, 2005, revised March 17, 2005, prepared for Eagle Greens Chattahoochee, LLC, Empire Financial Services, Inc. and LandAmerica Lawyers Title Insurance Corporation, prepared by Warren S. Wood, Georgia Registered Surveyor No. 2849, of Wood Brothers Land Surveyors, Inc. and being more particularly described as follows:
To find the true point of beginning commence at the centerline intersection of Ga. Hwy. 98 and Sandy Creek Road, thence along the southwestern right-of-way (100 foot right-of-way) of Ga. Hwy. 98 South 62 degrees 41 minutes 04 seconds East for a distance of 841.23 feet to a 1/2” solid rod found on the southwestern right-of-way of Ga. Hwy. 98; THENCE South 68 degrees 55 minutes 31 seconds West for a distance of 238.77 feet to a 1/2” solid rod found; THENCE South 19 degrees 39 minutes 30 seconds West for a distance of 358.24 feet to a 1” solid rod found; THENCE South 19 degrees 16 minutes 55 seconds West for a distance of 1207.47 feet to an 3/8” rebar found; THENCE South 39 degrees 17 minutes 33 seconds West for a distance of 331.60 feet to a point which is the TRUE POINT OF BEGINNING;
THENCE South 50 degrees 42 minutes 27 seconds East for a distance of 150.79 feet to a point; THENCE North 44 degrees 59 minutes 27 seconds East for a distance of 379.94 feet to a point; THENCE South 27 degrees 39 minutes 34 seconds East for a distance of 234.83 feet to a point; THENCE South 45 degrees 17 minutes 11 seconds East for a distance of 152.24 feet to a point; THENCE North 69 degrees 43 minutes 00 seconds East for a distance of 41.51 feet to a point; THENCE North 48 degrees 28 minutes 45 seconds East for a distance of 50.19 feet to a point; THENCE North 84 degrees 17 minutes 08 seconds East for a distance of 57.15 feet to a point; THENCE South 85 degrees 40 minutes 01 seconds East for a distance of 109.74 feet to a point; THENCE North 88 degrees 43 minutes 18 seconds East for a distance of 80.71 feet to a point; THENCE North 68 degrees 52 minutes 04 seconds East for a distance of 133.63 feet to a point; THENCE South 03 degrees 17 minutes 27 seconds West for a distance of 78.24 feet to a point; THENCE South 80 degrees 45 minutes 22 seconds West for a distance of 86.07 feet to a point; THENCE South 78 degrees 36 minutes 32 seconds West for a distance of 92.33 feet to a point; THENCE South 88 degrees 10 minutes 29 seconds West for a distance of 88.53 feet to a point; THENCE South 80 degrees 06 minutes 59 seconds West for a distance of 128.69 feet to a point; THENCE South 73 degrees 37 minutes 46 seconds West for a distance of 27.93 feet to a point; THENCE North 71 degrees 24 minutes 41 seconds West for a distance of 129.15 feet to a point; THENCE North 83 degrees 11 minutes 05 seconds West for a distance of 233.26 feet to a point; THENCE South 81 degrees 31 minutes 56 seconds West for a distance of 96.53 feet to a point; THENCE South 57 degrees 30 minutes 07 seconds West for a distance of 175.77 feet to a point; THENCE South 53 degrees 59 minutes 25 seconds West for a distance of 155.68 feet to a point; THENCE South 37 degrees 19 minutes 59 seconds West for a distance of 71.92 feet to a point; THENCE South 51 degrees 47 minutes 39 seconds West for a distance of 198.22 feet to a point; THENCE South 54 degrees 43 minutes 34 seconds West for a distance of 62.87 feet to a point; THENCE South 11 degrees 05 minutes 00 seconds East for a distance of 77.07 feet to a point; THENCE South 21 degrees 23 minutes 33 seconds West for a distance of 65.45 feet to a point; THENCE South 12 degrees 22 minutes 39 seconds West for a distance of 40.04 feet to a point; THENCE South 34 degrees 13 minutes 47 seconds East for a distance of 42.65 feet to a point; THENCE South 40 degrees 38 minutes 27 seconds East for a distance of 41.11 feet to a point; THENCE North 39 degrees 07 minutes 39 seconds East for a distance of 97.43 feet to a point; THENCE North 24 degrees 35 minutes 22 seconds East for a distance of 235.14 feet to a point; THENCE North 82 degrees 14 minutes 36 seconds East for a distance of 210.22 feet to a point; THENCE North 70 degrees 12 minutes 49 seconds East for a distance of 209.26 feet to a point; THENCE North 87 degrees 29 minutes 50 seconds East for a distance of 476.15 feet to a point; THENCE South 10 degrees 06 minutes 55 seconds East for a distance of 55.61 feet to a point; THENCE South 80 degrees 57 minutes 04 seconds West for a distance of 295.83 feet to a point; THENCE South 72 degrees 25 minutes 10 seconds West for a distance of 191.63 feet to a point; THENCE South 81 degrees 32 minutes 51 seconds West for a distance of 410.78 feet to a point; THENCE South 24 degrees 35 minutes 22 seconds West for a distance of 148.32 feet to a point; THENCE South 18 degrees 24 minutes 08 seconds East for a distance of 111.89 feet to a point; THENCE North 83 degrees 54 minutes 44 seconds East for a distance of 217.79 feet to a point; THENCE South 16 degrees 13 minutes 19 seconds East for a distance of 443.39 feet to a point; THENCE along a curve to the left having a radius of 50.00 feet and an arc length of 20.00 feet, being subtended by a chord of South 44 degrees 24 minutes 25 seconds West for a distance of 19.87 feet to a point; THENCE North 49 degrees 31 minutes 05 seconds West for a distance of 312.75 feet to a point; THENCE South 70 degrees 16 minutes 48 seconds West for a distance of 132.32 feet to a point; THENCE South 13 degrees 03 minutes 55 seconds West for a distance of 98.92 feet to a point; THENCE South 08 degrees 57 minutes 29 seconds West for a distance of 179.98 feet to a point; THENCE South 01 degrees 26 minutes 58 seconds West for a distance of 181.05 feet to a point; THENCE South 03 degrees 18 minutes 28 seconds East for a distance of 71.59 feet to a point; THENCE South 12 degrees 54 minutes 29 seconds East for a distance of 61.09 feet to a point; THENCE South 22 degrees 53 minutes 22 seconds East for a distance of 165.06 feet to a point; THENCE South 19 degrees 39 minutes 31 seconds East for a distance of 139.87 feet to a point; THENCE South 55 degrees 44 minutes 17 seconds West for a distance of 62.54 feet to a point; THENCE South 18 degrees 52 minutes 33 seconds East for a distance of 116.83 feet to a point; THENCE South 75 degrees 26 minutes 45 seconds East for a distance of 160.83 feet to a point; THENCE South 21 degrees 01 minutes 38 seconds East for a distance of 160.28 feet to a point; THENCE South 69 degrees 06 minutes 48 seconds West for a distance of 208.87 feet to a point in the centerline of Sandy Creek; THENCE up said creek and along the centerline (centerline of creek is property line) thereof the following courses and distances, North 51 degrees 07 minutes 29 seconds West for a distance of 48.33 feet to a point; THENCE North 31 degrees 33 minutes 09 seconds West for a distance of 363.88 feet to a point; THENCE North 30 degrees 34 minutes 34 seconds West for a distance of 129.81 feet to a point; THENCE North 16 degrees 55 minutes 58 seconds West for a distance of 176.48 feet to a point; THENCE North 20 degrees 50 minutes 40 seconds West for a distance of 120.05 feet to the end of a 30” reinforced concrete pipe; THENCE North 22.degrees 22 minutes 11 seconds West for a distance of 160.54 feet to a point; THENCE leaving the centerline of the creek North 51 degrees 29 minutes 19 seconds East for a distance of 59.18 feet to a point; THENCE North 41 degrees 32 minutes 07 seconds East for a distance of 100.62 feet to a point; THENCE North 18 degrees 12 minutes 28 seconds East for a distance of 145.61 feet to a point; THENCE North 46 degrees 18 minutes 17 seconds East for a distance of 167.43 feet to a point; THENCE North 02 degrees 11 minutes 36 seconds East for a distance of 70 54 feet to a point; THENCE North 11 degrees 24 minutes 02 seconds West for a distance of 89 87 feet to a point; THENCE North 06 degrees 00 minutes 54 seconds West for a distance of 83.40 feet to a point; THENCE North 20 degrees 53 minutes 08 seconds West for a distance of 65 30 feet to a point; THENCE North 40 degrees 38 minutes 27 seconds West for a distance of 52.97 feet to a point; THENCE North 34 degrees 13 minutes 47 seconds West for a distance of 66.99 feet to a point; THENCE North 12 degrees 22 minutes 39 seconds East for a distance of 65.52 feet to a point; THENCE North 21 degrees 23 minutes 33 seconds East for a distance of 54.83 feet to a point; THENCE North 11 degrees 05 minutes 00 seconds West for a distance of 92.79 feet to a point; THENCE North 69 degrees 08 minutes 39 seconds West for a distance of 95.24 feet to a point; THENCE North 14 degrees 41 minutes 24 seconds East for a distance of 42.65 feet to a point; THENCE North 50 degrees 04 minutes 50 seconds East for a distance of 71.65 feet to a point; THENCE North 39 degrees 59 minutes 21 seconds East for a distance of 173.86 feet to a point; THENCE North 55 degrees 33 minutes 35 seconds East for a distance of 268.20 feet to a 3/8” rebar found; THENCE North 39 degrees 17 minutes 33 seconds East for a distance of 143.57 feet to the TRUE POINT OF BEGINNING.
LESS AND EXCEPT:
All those tracts or parcels of land lying and being in the 255th District, G.M., Jackson County, Georgia, and being Tract 1 consisting of 0.514 acre, Tract 2 consisting of 91.544 acres, Tract 3 consisting of 49.981 acres, Tract 4 consisting of 5.027 acres, Tract 5 consisting of 0.457 acre, Tract 6 consisting of 4.371 acres, and Tract 7 consisting of 6.414 acres, and being more particularly described on a plat and survey for Eagle Greens Chattahoochee, LLC, by Warren S. Wood, Wood Brothers & Scott, Inc., Land Surveyors, dated January 16, 2008, and recorded in Plat Book 72, Page 17, Jackson County, Georgia Records. Said plat is incorporated herein and made a part hereof by reference and made a part of this description.
LESS AND EXCEPT:
All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, being Lots 1-14, Block A, Lots 1-27, Block B, Lots 1-26, Block C, and Lots 1-17, Block D of Sandy Creek Golf Course Subdivision, as per plat thereof recorded in Plat Book 66, Pages 283-294, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference and made a part of this description.
TOGETHER WITH SUBDIVISION LOT TRACTS:
All that tract or parcel of land lying and being in the 255th District, G.M., Jackson County, Georgia, being Lots 1-7 and Lots 11-14, Block A; Lots 4-27, Block B; Lots 1-6, Lots 10-13, Lots 15-16, Lots 18-23 and Lots 25-26, Block C; and Lots 1-12, Lot 14 and Lots 16-17, Block D of Sandy Creek Golf Course Subdivision, together with all common areas, as per plat recorded in Plat Book 66, Pages 283-294, Jackson County, Georgia Records, which plat is incorporated herein and made a part hereof by reference and made a part of this description.
The indebtedness secured by said Security Deed has been and is hereby declared due and payable 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. 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 as provided by law).
The property will be sold for cash or certified funds and subject to any and all matters of record superior to said Security Deed, outstanding ad valorem taxes, any matters which might be disclosed by an accurate survey and inspection of the property, zoning ordinances, restrictions, covenants, and easements against the property, if any. The sale will be conducted as set forth herein subject to (1) confirmation prior to the sale that the sale is not prohibited under the U.S. Bankruptcy Code and (2) final confirmation and audit prior to the sale of the status of the loan with the holder of the Security Deed.
Grantee reserves the right to [Full Story »]
Kenneth Black
Thursday, May 28. 2009
ARCADE – Kenneth Glenn Black, 81, died Friday, May 22, 2009. He was a retired machinist. Survivors include children, Leo Black, Indiana, Crystal Doggett, Colorado, and Dawn Torres, Arizona; 10 grandchildren; and eight great-grandchildren. Mr. Black was cremated and will be interred at Forest Lawn Cemetery in Rhindlander, Wis., at a later ...
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Gresham Motorsports Park repaving hits the ground
Wednesday, May 27. 2009
One of the most critical phases of the Gresham Motorsports Park renovation got underway last week with the removal of the track’s old half-mile racing surface. “You can’t believe how happy I am to have this part of the project underway,” said track general manager Dan Elliott. “It’s very hard to find the right people to do the job. ...
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Column: Summer Sports
Wednesday, May 27. 2009
With Memorial Day, the end of school and warmer weather marking the unofficial start of summer, sports fans notice a significant lack of school sporting events. Despite the lack of high school athletics, there are still several ways to enjoy local athletes and remain active in the summer. Local recreation departments offer a variety of ...
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Reassessment notices coming
Wednesday, May 27. 2009
Some Jackson County property owners will be getting reassessment notices in the mail within the next week.
Chief tax appraiser Cathy Johnson said Tuesday that some 9,000 notices will be sent out in the coming days. Johnson said she has no way of determining how many of these are down in value and how many are up. [Full Story »]
Chief tax appraiser Cathy Johnson said Tuesday that some 9,000 notices will be sent out in the coming days. Johnson said she has no way of determining how many of these are down in value and how many are up. [Full Story »]
ACS Relay for Life set for this weekend
Wednesday, May 27. 2009
The American Cancer Society’s Relay for Life will be held in Jackson County beginning Friday night and continuing into Saturday morning May 29-39 at East Jackson Comprehensive High School track.
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Man charged after firing shots on Monday
Wednesday, May 27. 2009
A Jefferson man was arrested after allegedly firing shots at a Jefferson residence on Monday and then being chased by officers. Jose Hernandez of Mayberry Lane has been charged with one count of aggravated assault. Other charges may be pending, according to police chief Joe Wirthman.
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Jason Dove
Wednesday, May 27. 2009
COMER – Jason Crawford Lee Dove, 34, died Saturday, May 23, 2009. Born in Clarke County on October 2, 1974, he was the son of Crawford Dove of Comer and Brenda Beusse of Comer. He was a machine technician, having worked with OTT, was a graduate of Madison County High School, and attended Redemption World Outreach. Survivors in addition to his ...
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Jerry Hart
Wednesday, May 27. 2009
DANIELSVILLE – Jerry Odell Hart, 71, died Monday, May 25, 2009, at the Athens Regional Medical Center in Athens. Born in Franklin County on July 5, 1937, he was the son of the late Jack and Katie Bell Haley Hart. He was a retired manager having worked in the auto body repair industry, a former body shop advisor for Athens Technical College, a ...
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